Wednesday, March 31, 2010

Seattle Area Legal Medical Marijuana Provider Banned From Buying Guns Under Federal Law

Due to a Federal Administrative legal opinion, It can now be assumed that medical marijuana providers in states where that is legal are now federally banned from owning and possessing firearms. 

The Seattle area man who shot and killed a man who broke into his house where he was growing the medical pot has been prevented from buying guns to replace the ones seized by police after the shooting.
Steve Sarich has a Washington State medical marijuana card and legally grows and uses marijuana. He has no criminal record, but failed his National Instant Criminal Background Check when he tried to legally buy a pistol and shotgun to replace the ones taken by police after the buglary. This was the second home invasion attempt at his home since he has been growing marijuana.

A gang of five people have been charged with this break in. Other criminals now know where to go to find an unprotected  house with legal marijuana being grown in it.

When police investigated the home invasion, Sarich showed them his medical marijuana card. The Sheriff then sent the burglary report to the National Instant Criminal Background Check System Legal Staff.

The Feds legal staff responded to the Sheriff by informing him that possession of a state medical marijuana card was sufficient to infer current marijuana use, and was enough to prevent gun ownership. Although this legal opinion was regarding the Sarich case, it can be applied nationwide. 

 Even though medical marijuana use is legalized by some state laws, its possession and use is against federal law, regardless of the current administration's taking a hands off approach to legalized medical state use.  Sarich is now banned from owning and possessing firearms during the one year period from the date of the police report.

Sarich was wounded by shots from one of the home invaders and is recovering. One of the men shot by him has had surgeries resulting from the shots and has had a leg amputated. 

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1 comment:

Anonymous said...

Damn! Dammed if you do, dammed if you done!