Category: Medical Marijuana
| Posted on Mon, October, 24th 2011 by THCFinder
A medical marijuana patients is sueing the government claiming their memo sent out to Firearm dealers prohibiting medical marijuana patients from buying guns is unconstitutional and is violating her rights to buy a gun for self defense.
LAS VEGAS (CN) - The U.S. government unconstitutionally prohibits people who hold state-issued medical marijuana cards from buying guns, says a medical technician who was not allowed to buy a gun for self-defense.
S. Rowan Wilson sued the U.S. attorney general and the Bureau of Alcohol, Tobacco, Firearms and Explosives in Federal Court, challenging Section 922(g)(3) of the federal criminal code, which "prohibits law-abiding adults who have obtained medical marijuana cards pursuant to state law from lawfully purchasing what the Supreme Court has called 'the quintessential self-defense weapon' and 'the most popular weapon chosen by Americans for self-defense in the home,'" (citing District of Columbia v Heller, 554 U.S. 570, 128 S. Ct. at 2818.)
Wilson, a medical tech and professional caregiver who holds a master's degree and wants to go to med school to become an osteopath, obtained a medical marijuana card so she could use the drug to treat severe menstrual cramps.
She tried to buy a Smith & Wesson .357 magnum this month in Moundhouse, Nev., but the dealer told her he "was prohibited from selling her the firearm, any other firearm, or even any ammunition" because she had a medical marijuana card.
Wilson says U.S. Attorney General Eric Holder and the directors of the BATF are violating her rights under the 2nd and 5th Amendments.
She wants the pertinent regulations declared unconstitutional, including 18 U.S.C. §§ 922(g)(3), 922 (d)(3) and 27 C.F.R. § 478.11. She also seeks compensatory and punitive damages.