Purchase Legal CA – Have BATFE Knock Down Your Door

Purchase Legal CA Cannabis – BATFE Knocks Door Down

Yep, we wrote Purchase Legal Cannabis in CA – Have BATFE Knocks Down Your Door. The law in the jurisdiction of CA-9 is that cannabis users, including legal users, are prohibited persons under GCA-1968. Some police departments have sent out letters and are working with BATFE to actively CONFISCATE firearms.

The CA-9’s current ruling is Firearms-Cannabis-Never-California. The holding in Wilson v. Lynch,  [No. 14-15700 D.C. No. 2:11-CV-01679-GMN-PAL] states:

Purchase Legal CA Cannabis - BATFE Knocks Door Down

The panel affirmed the district court’s dismissal of a complaint challenging the federal statutes, regulations, and guidance that prevented plaintiff from buying a gun because she possesses a Nevada medical marijuana registry card.

The panel preliminarily held that plaintiff lacked standing to challenge 18 U.S.C. § 922(g)(3), which criminalizes possession or receipt of a firearm by an unlawful drug user or a person addicted to a controlled substance.

The panel held that plaintiff’s Second Amendment claims did not fall within the direct scope of United States v. Dugan, 657 F.3d 998 (9th Cir. 2011), which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms.

Taking plaintiff’s allegations in her first amended complaint as true – that she chose not to use medical marijuana – the panel concluded that plaintiff was not actually an unlawful drug user.

The panel held that 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to federal firearms licensees, which prevented

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plaintiff from purchasing a firearm, directly burdened plaintiff’s core Second Amendment right to possess a firearm. See more at When can a legal cannabis user in California own-buy firearms?

Real Expertise, verifiable experience with Regulatory Compliance for the Cannabis Industry in California.

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Author: abizcannabis

Managing Director & CEO of integrated transactional financial advisory, tax, and technology consulting firm - aBIZinaBOX Inc New York, Chicago, and OaklandCPA.CITP.CISM.CGEIT.CGMAExpertise with: Alt. Investments/Private Equity, Real Estate, Professional Services, CA Cannabis, Tech Start-Ups and Distressed Assets/DebtTechnology Certifications including:Advanced & High Complexity Cloud Integrator AICPA PCPS, CAQ,, IMTA, CITP ISACA CGEIT, CISMState CPA Societies in California, Florida, Illinois, New York and TexasExpertise with Regulatory Compliance - US - HIPAA, FINRA, SEC Rule 17(a)(3)/(4), eDiscovery, FINCEN - EU- EBA, ESMA, EIOPA UK - BoE, PRA, FCA