Pennsylvania District Attorney Suing To Allow Medical Marijuana Users Firearms Access

Each November, swarms of hunters put together to move out into the Pennsylvania wilderness in anticipation of deer season, nonetheless, some could unexpectedly discover themselves on the improper aspect of the regulation if in addition they possess a medical marijuana card. Whereas shooters have lengthy advocated for sobriety whereas dealing with firearms, just like driving, some disagree with the regulation, saying that the mere permission to buy marijuana for medical functions mustn’t preclude them from exercising their Constitutional proper. 

Warren County’s prime regulation enforcement officer and District Legal professional, Rob Greene, who’s considered one of greater than 400,000 Pennsylvanians to have a medical marijuana card, is making an attempt to alter that regulation.

“It’s improper, completely improper,” Greene mentioned.

Underneath federal regulation, Greene and others in his place usually are not permitted to purchase or personal a gun, nor can they obtain a hid carry allow. Gun patrons throughout the nation should fill out type 4473 when making a firearm buy accompanied by a background examine, asking if they’ve a card.

“You probably have a medical marijuana card, you’re filling out the shape, and also you reply no to that query, you’re committing a felony,” says Greg Ionadi, proprietor of Smoke ‘n Weapons in Oakmont.

“I might find yourself like Hunter Biden,” says Greene, recognizing that it’s the similar regulation that led to Hunter Biden’s conviction on felony prices for buying a firearm whereas an energetic cocaine consumer.

Greene has filed swimsuit in opposition to Legal professional Basic Merrick Garland, FBI Director Christopher Wray and Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach, in Pittsburgh federal courtroom, claiming the regulation has disadvantaged him of his Second Modification rights.

When requested what it’s like for a prosecutor to sue the nation’s prime regulation enforcement officers, Greene merely responded, “God bless America. Isn’t it nice?”

The federal authorities sanctimoniously refers back to the lawsuit as “meritless” in courtroom paperwork, a seemingly auto-response to any problem to the supremacy of the Loss of life Star. Citing a earlier courtroom ruling that claims, “There isn’t any constitutional downside with separating weapons and medicines,” the federal government has filed a movement to dismiss the swimsuit. Not so quick. There may be additionally a regulation that predates this one, saying that it’s unconstitutional to separate residents from their proper to bear arms within the first place, proper? Why is that one all the time missed?

“Even when they know that they’re not allowed to purchase a brand new firearm, they might not notice that they’re additionally legally not allowed to own the firearms that they at the moment have,” says Jonathan Stark, proprietor of Legion Arms in West Mifflin.

The state well being division doesn’t ask marijuana card candidates about firearm possession, nor does the company flip over lists of cardholders to state police or any federal company.

“The Medical Marijuana Act and Division of Well being laws present protections in opposition to the disclosure of confidential affected person knowledge, together with an individual’s participation within the medical marijuana program. The DOH doesn’t disclose confidential affected person knowledge to a 3rd celebration except there’s a courtroom order,” in line with DOH spokesperson, Neil Ruhland.

“While you go to get a medical marijuana card, they need to ask you, do you’ve got weapons? Do you propose on getting a gun? As a result of if getting that card means you’ll be able to’t get a gun later, that could possibly be very irritating for somebody,” says David Abt of Pittsburgh, who thinks the state must be extra clear.

Kevin Kraus, sheriff of Allegheny County, says the regulation additionally prevents cardholders from acquiring a hid carry allow, however the language is considerably complicated as the shape asks if candidates are an “illegal consumer of marijuana.”

“There are not any questions on medical marijuana. There are questions on illegal use of marijuana… I feel there may be some confusion,” Kraus says.

In the meantime, Greene has all however misplaced his weapons in a proverbial boating accident, as an alternative transferring them to his spouse and making a press release that sounds eerily like a district lawyer effectively conscious of presidency retaliation in opposition to anybody who questions its authority.

“I personal no weapons now. My spouse owns a number of weapons, however I don’t personal any weapons. All my weapons have been transferred to her, and so they’re not in my dwelling for the feds that is perhaps listening,” Greene mentioned.

Is it simply me, or does it appear to anybody else that many of the realized perform of right now’s authorities exists solely to criminalize residents in each means attainable and to lord over them with an iron fist? I can’t think about what we’d do with all of the wasted time and tax {dollars} if the federal government as an alternative put it to make use of for functions that truly profit the residents they declare to symbolize.