October 4, 2011
"Montana objects to federal gun ban for medical marijuana users"
The title of this post is the headline of this local Montana article, which begins and ends this way:
Attorney General Steve Bullock voiced his objection Monday to the U.S. Justice Department over its recent memo banning the sale of guns or ammunition to licensed medical marijuana users and urged the agency not to prosecute anyone for now.
Bullock wrote U.S. Attorney General Eric Holder about the Sept. 21 memo from the Justice Department's Bureau of Alcohol, Tobacco, Firearms and Explosives to licensed gun dealers. The memo said it is illegal for medical marijuana cardholders to buy guns and ammunition, and illegal for dealers to sell these products to them.
The letter from Bullock followed criticism of the policy last week from all three members of Montana's congressional delegation, Sens. Jon Tester and Max Baucus, and Rep. Denny Rehberg. A firearms advocacy group and a medical marijuana group had earlier blasted the memo....
Bullock said the federal letter raises Second and Fifth amendment constitutional issues over the right to bear arms, equal protection and due process. In addition, he said, hunting is a constitutionally protected activity in Montana.
The Montana attorney general said he certainly recognizes the supremacy clause in the U.S. Constitution and the importance of maintaining a federal union, but added: "In our federal system of dual sovereignty, I respectfully suggest that the federal government should act in a careful manner when its laws and policies involve conflicts with those of the state."
Bullock conceded there had been abuses and problems with medical marijuana laws in various states, including Montana, but these states have sought to find workable solutions. "In doing so, however, we also face issues that are, candidly, created or exacerbated by federal actions and policies that do not always reflect the kind of careful approach and appropriate accommodation that should be accorded the state," said Bullock, a Democrat running for governor in 2012.
Medical marijuana industry officials have said that changing federal policies on the issue have created problems. Federal authorities raided more than two dozen Montana medical marijuana growing and dispensing operations earlier this year as the Legislature was considering medical marijuana bills.
Gary Marbut, president of the Montana Shooting Sports Association, called Bullock's letter to Holder "a good first step." He said he looks forward to seeing "actual deeds" by state elected officials in following up on the issue.
A few related posts:
- "Medical marijuana users fight for gun rights"
- Oregon Supreme Court says federal law does not allow denial of local gun permits for state marijuana users
- Why the Second Amendment is not (and should never be?) "part of normal constitutional law"
- "The Standardless Second Amendment"
- Ninth Circuit rejects Second Amendment attack on criminalizing drug addict gun possession
- What do Second Amendment and states' rights fans think about feds latest gun memo?
October 4, 2011 at 09:28 AM | Permalink
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Nothing the Feds can do to states that pass medical marijuana laws, so instead they go after the user.
Shouldn't holder be more concerned with ATF thuggery than medical marijuana users and their right to bear arms?
Just another example of failed U.S. Drug policy, Bill Otis.
Posted by: Huh? | Oct 6, 2011 4:24:31 PM