JACKSONVILLE, Fla. — Medical marijuana and Second Amendment advocates believe a new court ruling will prove to be the “smoking gun” that opens the door for medical marijuana patients to purchase firearms.
For gun dealers like Ziadeh Farhat, who owns Green Acres Sporting Goods, if a customer checks the box indicating they are a medical marijuana patient on the federal firearms form, it’s game over.
“They have to either lie on the form or they just can’t buy a gun,” said Farhat.
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But a new ruling from a federal appeals court lays the groundwork to overturn the policy that currently blocks medical marijuana patients from purchasing firearms.
“This is a landmark decision,” said Nikki Fried, Chair of the Florida Democratic Party.
Fried helped spearhead the legal challenge when she served as Florida’s Commissioner of Agriculture.
She argued allowing medical marijuana patients to fully exercise their Second Amendment rights is an issue that crosses party lines.
“Making sure that those who participate in the medical marijuana program don’t have to choose between their constitutional rights that’s in the Florida Constitution and that of their Second Amendment rights,” said Fried.
The State of Florida is no longer a party to the case, after Fried’s successor pulled out of the suit.
But plaintiffs, including military veteran medical marijuana patients, stayed on the case.
The latest ruling stops short of immediately overturning the federal prohibition, but it does send the case back down to a lower court to issue a formal ruling consistent with the appellate court opinion.
Farhat told Action News Jax until the ATF issues a new directive or updates the federal form, gun stores will continue operating as they have been.
But he said he does believe ending the ban is overdue.
“I feel like at this point it’s no different than say, alcohol or anything else,” said Farhat. ”So, I think if they’re a law-abiding citizen, doing everything the right way, I don’t think they should be denied their Second Amendment right.”
It’s unclear when final action on the issue may come.
There are several possibilities, but if the federal government continues to appeal, Fried said it could take a ruling from the US Supreme Court before the issue if fully resolved.
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