A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.
Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.
This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.
The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.
Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.
The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.
Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.
“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”
Hellbound and Down 