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Medical Marijuana Patients Cannot Purchase Guns Or Maintain Concealed Weapon Permit

Amendment Two is in direct conflict with citizen’s Second Amendment rights. In November, Florida’s Constitutional Amendment Two passed, legalizing medical marijuana throughout the state. A Federal court ruling by the 9th U.S. Circuit Court of Appeals last year bars medical marijuana users from purchasing guns or having a concealed weapons permit.  The Federal court maintained that drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.” This ruling has led to many questions and outrage, as state law is directly conflicting with Constitutional rights.

In order to legally purchase a firearm in the United States, an individual must complete a Firearms Transaction Record (form 4473). Question 11(e) on the form asks:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

By law, an applicant must be truthful or is subject to felony prosecution. When applying for a medical marijuana card, the medical provider must report all patients to the state. This database of medical marijuana patients is easily accessed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and any other state or government officials.

Contact Thomas Law, P.A. today with any questions regarding your gun rights, or other legal matters.