The Second Amendment Foundation (SAF) is taking a firm stand against the federal ban on gun ownership by medical marijuana users.
This week, SAF attorneys and two plaintiffs filed a brief supporting their federal lawsuit against the prohibition. They seek a preliminary injunction in this pivotal case.
Represented by lawyers Adam Kraut and Joshua Prince, this challenge questions the constitutionality of the current federal laws that strip medical marijuana users of their Second Amendment rights.
The lawsuit, filed in the U.S. District Court for the Western District of Pennsylvania, targets 18 U.S.C. §§ 922(g)(3) (d)(3), which prohibit firearms possession by individuals using controlled substances like marijuana.
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Plaintiffs include District Attorney Robert Greene of Warren County, Pa., a medical marijuana cardholder since 2013, and James Irey, a military veteran who refrained from using medical marijuana to preserve his gun rights.
SAF’s Executive Director, Adam Kraut, emphasizes the unfair choice facing individuals: to either prioritize health or exercise constitutional rights.
“Due to the law individuals are placed in the untenable situation of having to choose whether to use a medicine recommended to them by a doctor to treat their symptoms at the expense of their Second Amendment rights or exercise their rights at the detriment of their health,” said Kraut in a press release obtained by GunsAmerica.
“Having to make such a choice is simply wrong and we look forward to vindicating the rights of those affected,” he added.
SAF founder Alan M. Gottlieb asserts the necessity of this challenge, noting the growing number of citizens affected by this infringement of their rights.
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“Our lawsuit raises very legitimate issues for a growing number of law-abiding citizens whose Second Amendment rights are unquestionably and arbitrarily infringed upon,” noted Gottlieb.
Historically, the lawsuit argues, there is no precedent for denying rights based on the use of a particular medicine.
Citing key Supreme Court rulings such as Heller, McDonald, and Bruen, SAF’s brief argues that the current restrictions are a direct violation of the Second Amendment.
The outcome of this case could have significant implications for not only Greene and Irey but also millions of medical marijuana users nationwide.
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If you oppose this, you are the type of gunowner who also likely believes that other restrictions on our civil rights are justified, that the Constitution and common sense based on statistics are to be ignored, that emotions count more than facts. In other words, you are a Fudd, a creature of Bloomberg/Watts/Biden. Please, do the rest of us who believe in civil liberties a favor and leave the movement…we don’t need Quislings and fair-weather patriots.
Lets smoke a fat boy and then operate heavy equipment and power tools, guns, sure why not? What could go wrong? (sar)
Fudd. You’ve no basis for this. Unless you similarly believe that alcohol and all other stimulants should be made illegal you are a hypocrite.
The SAF is doing a great job trying to protect the rights of individuals and that is very important. However, the rights of ALL gun owners need the full time attention of ALL Pro – 2A groups.
I read this article in GunsAmerica Weekly, which also includes 4 articles about the rights of all gun owners. 1) positively protecting 2A privacy (very important for all gun owners) 2) Chicago suing Glock (negatively affecting all gun owners) 3) Government tracking guns thru “health” agencies (totally negative 4) Idiot NYC mayor blaming gun dealers for crime (effing really??)
Sometimes I think we as 2A advocates get lost by worrying about every individual’s rights when defeating the total anti-gun argument would serve us better.
Recreational use of weed is less dangerous than using legal alcohol, and unlike legal tobacco, is not physically addictive. Too many scare tactics and red herrings raised by prohibitionists, who are likely in cahoots with Uncle Sugar’s alphabets anyway.
F**k NO
why? Do you have any evidence-based logical arguments or are you just a Bloomberg, throwing out emotives with no justification?
Much of the marijuana today is highly potent and seems to cause schizophrenia. Recreational use is dangerous, someone using weed for a pain killer or help with cancer might be a differant case. Some Governors, like Pritzker, seem to want to get people buying the psychoactive drug and the take away 2A rights and perhaps charge a person with perjury on the FF 4473. Do not fall for this trap.
False. Here’s a little fact; I smoked on occasion in high school and college, never had a problem. I’m also a proud gunowner and a successful law abiding citizen. Marijuana is far less dangerous than legal drugs like nicotine and alcohol.
What you think is a “little fact” is really only anecdotal evidence of no value. Don’t know or care when you went through highschool, what is relavant is that the THC levels have gone up from earlier years of 4% to now around 12% and the dangers are well documented. Those are real FACTS and nicotine and alcholol are a seperate issue from this psychoactive drug.
No, they’re actually the same issue. If you believe in freedom and small government, then the whole War on Drugs is a complete farce. However, unfortunately the 2nd Amendment civil rights movement is full of Fudds and other closet and open authoritarians, glorified Bloombergs and Bidens who believe government restrictions are the answer. If you don’t want to smoke, don’t. If others do, there’s no reason you should restrict their freedoms. If they commit a crime while under the influence, charge/try them just as we would with alcohol, etc. If someone has an addictive personality, that’s on them, exercise some personal restraint. It’s really that simple.
Go back and read what I wrote. I mentioned the FACT that the weed today is a highly potent psychoactive drug and warned that it MIGHT cause schizophrenia. If you want to take your chances then that’s up to you, I never said anything else in that regard. I warned that some Governors like the fat man in Illinois will use this psychoactive drug to take away 2A rights and perhaps the feds will seek a perjury trap. That’s it, just tried to give a good faith warning of the real FACTS but you are disputing issues I never raised in both of your posts. I stand behind everything I wrote and will NOT defend points I have never made. If you want to smoke then go ahead, I am in no way a threat to your choices. If you do NOT see any value in the FACTS I raised then ignore my good faith heads up.
drug addicts shouldn’t have guns period!!!
How do you fine a drug addict? Being a marijuana user does not mean one is an addict, just as having the occasional drink mean one’s an alcoholic. Do you have an occasional drink? Perhaps you are an alcoholic and maybe your gun rights should be taken away. This last point is sarcasm, but it also demonstrates the stupidity of some in assuming a recreational or medicinal marijuana user is automatically an addict.