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Medical Marijuana Gun Ban Class Action Lawsuit
By Sarah Pierce
A medical technician who was not allowed to buy a gun for self-defense because she holds a state-issued medical marijuana card has filed a class action lawsuit against the U.S. government for failing to uphold her Second Amendment right to keep and bear arms.
Plaintiff S. Rowan Wilson claims in the class action lawsuit that the U.S. government unconstitutionally prohibits people who hold state-issued medical marijuana cards from buying guns by using a blanket ban that automatically classifies cardholders as unlawful users and/or addicted to marijuana, without any due process.
According to Wilson’s medical marijuana gun ban class action lawsuit, the Second Amendment guarantees the right of “law-abiding, responsible citizens” to possess and carry guns for self-defense, but the government has “prohibited a certain class of law-abiding, responsible citizens from exercising their right to keep and bear arms” by enacting laws, policies, procedures and customs “with the specific intent of denying the Second Amendment rights of persons who have registered to use medical marijuana pursuant and in accordance with state law.”
“The Defendants have deliberately banned such persons from purchasing handguns, or firearms of any kind, from federally licensed firearms dealers without providing any means of due process prior to depriving these persons of their rights… This blanket ban violates the constitutional rights of thousands of responsible, law-abiding American citizens and is thus invalid under the Second and Fifth Amendments.”
Wilson claims in the medical marijuana gun ban class action lawsuit that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) has promoted a policy whereby any person holding a medical marijuana registry card is automatically considered an “unlawful user of, or addicted to marijuana,” and pressures firearms dealers not to sell guns to medical marijuana cardholders or else face having their federal firearms license revoked. Wilson claims that like many other medical marijuana cardholders who are denied guns, she has never been charged with or convicted of any drug-related offense, or any criminal offense, and has never been an “unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance,” as required under BATF’s gun license application.
Wilson is asking that the government’s blanket ban of prohibiting citizens who have state-issued medical marijuana cards from purchasing guns be declared a violation of the Second and Fifth Amendments, and permanently prohibit the government from enforcing the ban. It is also seeking compensatory and punitive damages for violating her of Second Amendment rights, violating the due process clause of the Fifth Amendment, and conspiracy.
A copy of the Medical Marijuana Card Gun Ban Class Action Lawsuit can be read here.
The case is S. Rowan Wilson v. Eric Holder, individually and as Attorney General of the United States; The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., Case No. 2:11-cv-1679, U.S. District Court, District of Nevada.
Updated October 27th, 2011
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3 thoughts onMedical Marijuana Gun Ban Class Action Lawsuit
I am looking for information. I have a medical marijuana card . I can not purchase a gun . I have severe medical issues and I can be on OxyContin and own one? This has to be discrimination. I’m looking for any help or advice. Thank you for your time .
This situation discourages even more people than u know! My brother has a card and I have refused to go get my card and the medical treatment that I deserve because I owne black powder rifles and would have to give them up! Not willing to give up my right to bear arms! And I do need treatment for depression anxiety and back, neck, and knee pain