The Second Amendment Foundation and a District Attorney in Pennsylvania have filed a federal lawsuit against Attorney General Merrick Garland, the heads of the FBI and ATF, and the U.S. Government, challenging the federal prohibition on gun ownership by medical marijuana users.
The lawsuit was filed in U.S. District Court for the Western District of Pennsylvania. In addition to Garland, the lawsuit names FBI Director Christopher Wray and ATF Director Steven Dettelbach as defendants. SAF is joined by Warren County, Pa. District Attorney Robert Greene, who has served in that office since 2013 and currently possesses a medical marijuana ID card under Pennsylvania law. They are represented by attorneys Adam Kraut, who serves as SAF executive director, and Joshua Prince of Bechtelsville, Pa.
The lawsuit challenges restrictions contained in 18 U.S.C. §§ 922(g)(3), (d)(3), which prohibit firearms purchases and possession by persons who use marijuana or other controlled substances.
“Medicinal marijuana has been adopted by 38 states despite federal inaction on the issue,” said Kraut, who is also a practicing attorney in Pennsylvania. “With the increasing acceptance of medical cannabis, millions of Americans are forced to choose between the exercise of their Second Amendment rights or treating their symptoms with a substance that disenfranchises them from their constitutionally guaranteed right to keep and bear arms. Such a choice is incompatible with the constitution and finds no basis in this country’s history and tradition. We look forward to vindicating the rights of medical marijuana users.”
“The use of medical marijuana should not translate to an automatic surrender of one’s Second Amendment rights,” added SAF founder and Executive Vice President Alan M. Gottlieb. “The current restrictions unquestionably and arbitrarily infringe on the right to keep and bear arms, and the restriction lacks any director or analogous historical support, as required by the Supreme Court’s 2022 Bruen ruling.”
Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
This is just another leftist scheme to eliminate as many Americans as possible from any 2A participation.
Exactly!
One slice at a time.
Merrick Garland and Chistopher Wray did not have a problem with a crack head purchasing and owning a gun while under the influence of crack . Is it just me or do we have a double standard here by the FBI and DOJ ? Glad they are being put under some spotlight for thier 2 tier Justice system .
and they both are likely closet potheads, like obummer
Maybe alcoholics too right
Government has absolutely zero constitutional authority to regulate the possession and/or use of any substance. To claim otherwise is to say that we have no bodily autonomy and are essentially a slave to the state. If you have to defer to the government regarding what you are “allowed” to put into your own body then you are not free. For those of you who support prohibition but oppose mandated vaccination, you should understand that if government has the power to tell you what you CAN’T put into your own body then they have the power to tell you what you… Read more »
that is the problem started by fdr, goobers controlling, rather than working for the people
Bingo! How many things were prohibited when the constitution and the bill of rights were written? None, nada, zip, bupkis, etc.
there were a lot of things prohibited…standing army for one
Congress, which is part of the federal government, has the authority to ban substances from interstate commerce. You could grow your own, but not sell, give, or lend it.
Now they arrest you for raw milk production
PA AG’s office sues farmer Amos Miller to halt raw milk sales, alleges violations of state law [update]
They sure think they do but some simple research into the reason behind the commerce clause says they don’t. It was intended to promote equal trade between the states. Not as a tool to maintain a stranglehold on trade and regulate substances. It required a constitutional amendment to ban alcohol. Nothing has changed since then. Congress has no power to ban the possession or use of any substance.
Promoting equal trade among the states is only a small part of it. John Marshall in Gibbons v. Ogden (1824) stated clearly that “This power, like all the others vested in Congress is is complete in itself and may be exercised to its UTMOST EXTENT …”
Key word – interstate. Congress has no authority to regulate intrastate commerce.
Note courts have ruled that growing or making something for yourself can be considered to be part of interstate commerce if you grew/made something which is traded across state lines somewhere! Asinine and wrong on so many levels.
Federal courts have ruled that even a small impact on interstate commerce gives Congress jurisdiction. The question is How many tomatoes can one grow for himself before it is an impact on interstate commerce?
This is one, while constitutional, I can’t recommend. Carrying/operating a firearm requires some caution and skill. Innocent people have been killed or maimed by accident, ask Baldwin. You can see professional shooters have a.d.’s from time to time. Mistakes happen. Accidents happen. There is good reason why it’s against the law to drive drunk or under the influence of drugs; innocent people die or are maimed for life. I would not be going to the range or hunting or anywhere else with someone who is armed and drunk or drugged, there’s just too much that can go wrong and once… Read more »
You’re assuming they are shooting while stoned. The case is about protecting Americans’ right to own, possess, carry and use arms, irregardless of their use of medical mj, comparable to folks who have to use pain killers after an accident, surgery or for chronic, terminal pain and illness. You know they will try to disarm those people next.. anyone for any bs reason. No one is advocating people arm up and/or shoot while high or “medicated”… we are telling the gov agents they have diddly squat power or authority to revoke a right because people use meds.
Yes, my complete argument was and is against shooting under the influence, nothing more. You might recall from recent posts that I am a vet, a disabled vet. with missing body parts and that for some time now I am terminal. I know what it is to go without my medications for the sake of others. That is what I am advocating. I am not advocating for the government to have any authority whatsoever over anyone’s second amendment RIGHTS regardless of one’s health. Yes, I know the government, rather the evil people in government will use any excuse they can… Read more »
Baldwin is guilty as sin and totally culpable for failing to safe his weapon and remove live rounds.
Baldwin had long ago proved he was an IDIOT. While extremely stupid I’m sure the shooting was unintentional. Negligent homicide would be my call.
How the hell does Baldwin equate with medical marijuana? Are you even paying attention to what article you’re commenting on?
Marijuana and Baldwin are both dopes.
Who cares what someone does with their bodies Karen ?
You’re a dope
Ok Karen
You are trying to be a dik, and succeeded being an arse. Arizona, is responding to the useful idiot conservative above him, who is supporting gun control.. The useful idiot conservative said guns can be dangerous, then tried to justify his gun control support by using Baldwin as an example.
Try re reading my post
Arm up and carry on
He was trying to be a jerk to Arizona. The gun control supporting deplorable bill guy mentioned Baldwin as an example of guns being dangerous, to try and justify his gun control on pot smokers.
Meat ball, I do not support gun control in any why shape or form. If you want to stand near someone who is drunk or stoned or on anti depressive meds while he or she is armed, be my guest.
Arm up and carry on
Maybe your uncle is an aunt
DB, I have to disagree with the “This is one, while constitutional”. Maybe I missed the part in the 2nd amendment that stated “shall not be infringed except for medical marijuana users”.
rights and responsibility NOT government overreach, is what constitution says, we need to put them back in their place
The constitution, the second amendment, says nothing about one being drunk or stoned or on drugs, THAT is what I said. Maybe I could have worded it differently. I still say that it’s a foolish idea to be in a car with a driver under the influence and it’s a bad idea to be anywhere near someone who is armed while under the influence. Same thing for people on anti depressants. If anyone else wants to take their chances with these kinds of things be my guest, just warn me first if you are anywhere near me or my family.… Read more »
bil more than 60% of drivers are doing something stupid…….fooling with some electronic trash so pot and alcohol makes up 37% so 3% sane drivers…goodluck
No wonder insurance rates are outrages. Bullet “power” is measured in ft/# —- momentum. Most don’t realize the power of a moving vehicle. My truck, when fully loaded with gear weighed over 9,000#. Take that at 65 or 75 miles an hour and there is no person on earth that could survive a direct hit with it. Even a small car at city street speed can easily kill a pedestrian, a bicyclist or a passenger in a car.
Arm up and carry on
The biggest problem I see is the massive abuse of the medical card scheme just to be able to “legally” get high. I deal with people every day who reek so bad of pot that it’s not funny, but they all claim the same thing. None of them need to carry a gun, but they probably do anyhow.
Free men don’t ask permission from a corrupt gov , I do what I want
Not a biatch like you
Ok. But giving the Federal Government a reason to prohibit gun ownership is like making a charitable contribution to an anti-gun organization.
HLB
What other prescriptions should bar you from exercising your rights?
With friends like you sir, who needs enemies. You view the 2nd Amendment as a privilege and not a right. Every weekend there are armed and drunk people in our garages, and if it is late night, then all of us will depend upon a stoner to easily swack any of the third world conservative forced imports. Your comment on the article about suppressors, has you saying “What part of the right of the people to keep and bear arms is illegal or difficult to understand” What part is hard for you to understand. You are the kind of small… Read more »
Driving is a license from the state. Keeping, bearing, making, and supplying firearms is a Right that predates the Constitution, and is guaranteed by the Constitution. Driving can never be a proper analogy for the RKBA.
There are a lot of legal options to spend money, perhaps our scarcest resource, on and this is not one I consider a high (pun intended) priority. This should be dealt with legislatively where the 2A community gets some good things in a bill that gives the Ds something like recategorizing cannabis and allowing dispensaries to use the banking system. I don’t knowingly associate with any pot user so it may no longer be valid to assume they are mostly left wing Ds.
Any infingement needs pushed back , not just the ones you want
Let me know when you win both Powerball and Mega Millions and give it all to SAF, GOA, FPC, etc.
I already cashed out BTC in 2021 and donated to GOA , how about you ?
I’ve got a few more weeks until I can give out of my IRA without paying taxes on it. So next month I’m donating 6 figures to SAF, GO Foundation, FPC’s foundation (501-c3s) and a few others like CPRC, Army Historical Foundation, etc.. Bitcoin is back up over $40k, I hope you made a good profit.
@Ope, the kid is a new handle to me. Does he/she/it have a reputation here? He may be talking through his hat or maybe he really did give some or all of the profits from a bitcoin sale to GOA. I assume it was he who downvoted me. Whatever. I just checked the lottery and didn’t win otherwise I would give millions. Eff the billionaires and politicians that diminish the 2A. I can’t even match their couch change but I am doing my part for what it’s worth.
I think your a Dope not an Ope
When can you cash out of your IRA without paying taxes? For classic IRA (pre-tax contributions) all withdrawals are taxable – even when you pass away it gets taxed! Before retirement they charge penalties on top of income tax – maybe that is what you are thinking of. If you have a roth IRA, then money was taxed going in. Since you are apparently retiring and Roths haven’t been around long – I’m going to guess you don’t only have Roth. Consult a tax expert before making any major decisions. For me anything 6-figures is a major decision :). Cashing… Read more »
@finnky, After you reach age 70-1/2 you can make qualified charitable (501(c)(3)) distributions out of a traditional IRA without paying taxes. There is a $100k limit which will just get me to 6 figures. (see link below) The huge downside is it is not deductible. As one of my financial advisors suggested, wouldn’t it be better to get the satisfaction of the donation now instead of just leaving till I die, hopefully still a long ways off. The distribution will reduce RMDs, a good thing after the Trump tax cut expires under Biden. I might as well do it while… Read more »
But in one of his meticulous agricultural journals, dated 1765, Washington regrets being late to separate his male hemp plants from his females. For a master farmer like George, there would be little reason to do this except to make the females ripe for smoking.
The medicinal uses of cannabis were known to the ancient Chinese. Thousands of years later, it’s inconceivable American growers would not indulge in its recreational powers.
This is a prime example of what happens when public policy is driven by ideology and not by reason. The left has pushed the marijuana as medicine line for decades. I have watched this intently because I like many in my family suffer from glaucoma. The party line has been that pot is an effective treatment for conditions like glaucoma. That was used as a justification to legalize medical marijuana and that legalization was the camel’s nose under the tent as far as expanding medical marijuana to recreational use. If you look at the patterns of state legalization efforts that… Read more »
Who cares what you think , I don’t tell you what to do with your body … you sound like a Democrat , now tell me it doesn’t stop kids seizures .
Incrementalism is how we got casinos in Missouri. First it was just for gambling boats and the revenue was strictly to enhance the education budget. Then the boats just never left the dock and the revenue was offset by reductions and used for spending elsewhere. Then we got an inland structure on piers called a gambling boat, dubbed “boat in a moat.” And so on. First we had medicinal pot and now it is recreational. Nose under the tent exactly. First Trump said to ban bump stocks (or did his red flag endorsement “We’re going to take the firearms first… Read more »