Sep 2, 2016

Undersheriff Honsal explains how the recent 9th circuit ruling on medical marijuana card holders being banned from having guns applies locally


This Wednesday, the 9th U.S. Circuit Court of Appeals ruled 3-0 that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment.There were nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.

How will this affect enforcement and prosecution locally? I reached out to HCSO Undersheriff William Honsal and District Attorney Maggie Fleming to see how enforcement and prosecution will be affected locally by this ruling.

Undersheriff Honsal told me that "we don't issue CCW to people who have 215 cards or use medical marijuana." CCW is the right to carry a concealed weapon.

According to the Second amendment, it is against the law to issue firearms to people addicted to drugs.

Even though, medical marijuana is legal in California, Undersheriff  Honsal explained that it is the federal government who decides who can get firearms.

DA Fleming responded, "This case addresses a federal issue we do not see in state court.  This decision will not affect us. "

2 comments:

  1. The more important question to ask is whether or not having a 215 card excludes the holder from purchasing firearms, since the background check goes to the Feds.

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  2. In addition to the above comment, there doesn't seem to be anything in the discussion about taking guns away from 215 card holders even by the feds, just that they could.
    It also doesn't say that a person that already has a fire arm would be forced to give it up if they later obtained a 215 card. One again though, you are at the mercy of the feds on this and they don't usually seem to show a lot of that in my opinion. At least when it comes to marijuana and firearms. Alcohol and prescribed opioids are ok but not this plant.

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