In a new court filing by the U.S. Department of Justice, attorneys for the federal government argue that the nationwide ban on marijuana consumers owning firearms is constitutional and should remain in place, arguing it aligns with other restrictions on gun ownership by dangerous, mentally ill or intoxicated people.
The brief, filed Tuesday in U.S. District Court for the Western District of Pennsylvania, is the latest in a case filed earlier this year by Warren County District Attorney Robert Greene, a registered medical marijuana patient in the state. Greene teamed up with the Second Amendment Foundation (SAF) to file suit in January against the government, including U.S. Attorney General Merrick Garland and the heads of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the FBI.
The original suit says that while Greene “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,” he’s forbidden from doing so because of his status as a state-certified medical cannabis patient.
In DOJ’s latest filing, the government says that’s by design. Its motion asks the court to dismiss Greene’s case.
“Marijuana’s physical and mental effects make it dangerous for a person to handle firearms,” it says, “and also impair a person’s judgment, including judgement about whether to use firearms.”
It also notes that possession of even state-legal medical marijuana remains a federal crime. The government, however, has not prioritized enforcement of prohibition against state-regulated medical cannabis programs, and a federal budget rider prevents the use of funds to interfere with the state-legal programs.
Hellbound and Down 