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Pa. DA Sues Over Federal Gun Ban For Medical Pot Patients

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Law360 (January 23, 2024, 3:13 PM EST) -- The district attorney for Warren County, Pennsylvania, joined a gun rights group in suing the federal government to overturn laws barring medical cannabis patients from buying or owning guns, according to a lawsuit filed Tuesday in Pennsylvania federal court.



Robert Greene, the three-term district attorney for the northwest Pennsylvania county, said he has had a state-approved medical marijuana license since May 2023, and as a result, is unable to legally purchase or possess firearms under the federal prohibitions on guns for anyone who is an "unlawful user of or addicted to any controlled substance."



Greene joined the Second Amendment Foundation, suing on behalf of its members, in asking the court to strike down those prohibitions for allegedly violating the U.S. Constitution's right to keep and bear arms. The suit was filed against U.S. Attorney General Merrick Garland and the directors of the FBI and ATF as the leaders of the agencies responsible for propagating and implementing the regulations stemming from the prohibition.



"Here, plaintiff Greene and SAF's similarly situated members are completely barred from their fundamental right to keep and bear arms due to their desire to use medical marijuana," the complaint said. "There is no historical tradition of categorically banning individuals from keeping and bearing arms due to their use of a medicinal substance."

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