A federal judge’s recent ruling in Oklahoma could further shield gun-owning cannabis users in Colorado, but legal protection is still stuck in a gray area, according to a prominent attorney.
Registering to own a firearm has been tricky for cannabis users to navigate, especially for licensed medical marijuana patients, who are recorded in state databases. And having hard evidence of cannabis use is a big no-no on the ATF’s firearm ownership registration form.
This month, though, a judge with the 10th Circuit Court of Appeals ruled that the federal gun ownership ban for cannabis users was unconstitutional and violates Second Amendment rights. Although the feds are expected to challenge the ruling, it was a big victory for gun owners and cannabis users alike — and in Colorado, which is included in the 10th Circuit, that victory could actually mean something.
Doug Sargent is a cannabis attorney for Greenspoon Marder LLP, a national law firm with offices in Denver. According to Sargent, state and federal judges in Colorado can still rule against gun ownership rights for cannabis users, but this recent ruling could prove an ace in the hole if an appeal goes far enough. We interviewed Sargent to learn more about what the recent case does and doesn’t do for gun-toting pot smokers, and what needs to happen at the federal level to fully protect them.
Westword: Was that federal judge’s ruling only effective in that specific case, or is there any wide precedent set here? Since this…