gun rights

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U.S.: Senator John Walsh Offers Protections for Medical Marijuana Patient Gun Rights

MedicalMarijuanaPatientsFederalLawGuns

Amendment to Senate Appropriations Bill would deny funds to the ATF for enforcing ban on gun rights for medical marijuana patients

Sen. John Walsh (D-Montana) has offered an amendment to Senate appropriations bill S. 2347, which would prevent the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from targeting state-legal medical marijuana patients for possessing firearms.

“Montanans take their Second Amendment rights very seriously and hunting is an important part of our heritage and culture,” said Chris Lindsey, legislative analyst for the Marijuana Policy Project (MPP). "Whether firearms are used for sport or to help sustain a family by putting food on the table, the federal government should not prevent Montanans from owning firearms simply because a hunter benefits from access to medical marijuana."

In 2011, the ATF issued a letter entitled “Open Letter to All Federal Firearms Licensees” which told licensees that according to Title 18, Section 922 of the United States Code, licensees are not allowed under to sell ammunition or firearms to individuals who use marijuana, even if the person uses it in compliance with state medical marijuana laws.

“We are pleased Sen. Walsh is sending a strong message to the federal government on behalf of Montanans: Stay away from the gun rights of our law-abiding citizens,” said Lindsey. “Marijuana is less harmful than alcohol and many prescription drugs, yet the federal government seems to have a persistent case of reefer madness.

Illinois: Proposed Rule Nixed; Would Have Barred Medical Marijuana Patients From Having Guns

IllinoisMedicalMarijuanaGunOwners

By Steve Elliott
Hemp News

A proposed rule that would have barred medical marijuana patients from getting Firearm Owner's Identification cards has been nixed.

State officials had posted preliminary rules for the Illinois Medical Cannabis Pilot Program that barred medicinal cannabis patients or their caregivers from obtaining a FOID card if they were part of the program, reports Becky Schlikerman at the Chicago Sun-Times.

That provision has now been removed from rules that will be officially filed for review later this week, according to the Sun-Times. It was not immediately known if the same provision about Concealed Carry Weapons Permits had also been removed from the rules.

"I'm happy to see that they have changed the provision," said Rep. Lou Lang (D-Skokie), who sponsored the medical marijuana legislation and sits on the committee that will vote on the official rules. "I did ask them to remove it. I'm not the only one who did."

Both patients and caregivers would have been required to certify their understanding of the conflict between gun ownership and medical marijuana use, reports Carla K. Johnson of the Associated Press.

Illinois: Patients Would Lose Gun Rights Under Proposed Medical Marijuana Rules

GunsAndWeed

By Steve Elliott
Hemp News

Illinois medical marijuana patients would have to be fingerprinted, undergo a background check and pay $150 a year, under rules proposed by state officials on Tuesday -- and they would also give up their Second Amendment right to own a gun.

The plan details how adults with 41 specified medical conditions, including cancer, AIDs, and complex regional pain syndrome, may apply to get a medical marijuana patient registry ID card which entitles them to buy medicinal cannabis, reports Robert McCoppin at the Chicago Tribune.

The proposed rules are expected to be expanded over the course of the next year; they govern how medical marijuana can be legally grown, sold and purchased. The Illinois Department of Public Health is accepting comments on the rules until February 7, at which point they will be submitted to a legislative panel for approval by the end of April.

Most of the rules deal with how patients can qualify for an ID card to buy up to 2.5 ounces of marijuana every two weeks, or more if a doctor specifically certifies that it's necessary.

But one controversial proposal says that qualifying patients or caregivers may not possess firearms, even if they have an Illinois gun owner's ID card or concealed carry permit. Violators will be subject to arrest by state police under the proposed rules.

Texas: Army Veteran Loses Gun Rights For 1971 Misdemeanor Marijuana Conviction

RonKellyGunRights

By Steve Elliott
Hemp News

An Army veteran who retired in 1993 after 20 years of military service is fighting to restore his Second Amendment rights after learning when trying to buy a gun that he can't own one -- due to a marijuana misdemeanor from 42 years ago.

Ron Kelly was in high school when he got busted for pot in 1971, reports Cheryl K. Chumley at The Washington Times.

Kelly said he'd forgotten all about the pot charge when he tried to buy a .22 rifle at the Wal-Mart in Tomball, Texas. But the clerk told him he didn't pass the computerized background check, reports Dane Schiller at the Houston Chronicle.

Federal law, specifically the National Instant Criminal Background Check System, says that any person convicted of a crime -- even a misdemeanor -- that carries the potential for two years in jail can be denied gun ownership, The Blaze's Jason Howerton reports.

Kelly said he he'd spent the night in jail back in 1971, and served a year of probation. He didn't know he'd lost his gun rights, and meanwhile, he estimated he'd fired more than 100,000 rounds while serving in the Army infantry.

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