This is interesting. Says the 9th Circuit made a distinction between a medical cardholder buying a new gun vs. marijuana use being grounds to completely deny their 2nd amendment rights to own firearms.
I dissagree with gunsamerica's assessment of this decision.
The 9th Circuit Approved of ATF's guidance (the Open Letter) i.e, that when an FFL is aware that a potential transferee holds a "marijuana card" the FFL has “reasonable cause to believe” that the potential transferee is an "unlawful user of a controlled substance" and therefore, is prohibited from making the transfer. The Court did not address the constitutionality of the section 922(g) prohibition of a Marijuana user from possessing firearms, etc.
The Court implied that being "Marijuana card" holder alone isn't determinative of a person's second amendment rights outside the context of a FFL transfer where transferor knows that potential transferee is "marijuana card holder".
So in the opinion of the 9th Circuit...the highest court to yet rule on this, just having a Marijuana Card does not prohibit possession/ownership/use of firearms. Evidently then, it would be legal for said Marijuana Card holder to buy a gun from an individual without an FFL in an area where no laws against unregulated private sales existed, and where the MJ Card holder, not being required to reveal to the seller that they had an MJ Card, didn't? Essentially then, the 9th Circuit is ruling on the lack of perjury as opposed to the Federally illegal evident use of MJ?
