Montana objects to federal gun ban for medical pot users

HELENA, Montana - October 4, 2011 - A federal ban on selling guns or ammunition to medical marijuana users raises constitutional concerns and complicates matters for states where medical use of the drug is legal, Montana's attorney general said Monday.

Montana State Attorney General Steve Bullock wrote U.S. Attorney General Eric Holder a letter in which he says the federal government should act carefully "when its laws and policies involve conflicts with those of the states."

The Bureau of Alcohol, Tobacco, Firearms and Explosives last month notified firearms dealers nationwide that medical marijuana users are not exempt from a federal law making it illegal for a drug user or addict to possess a gun or ammunition, even if they are registered in a state-sanctioned program.

The ATF's Sept. 21 letter to federal firearms licensees said dealers can't sell a gun or ammunition if they have reasonable cause to believe the buyer is using a controlled substance, such as if the buyer uses his medical marijuana card as identification or talks about drug use.

Bullock said the ATF's "unilateral proclamation" raises Second Amendment and Fifth Amendment issues about gun rights, equal protection and due process. In addition, the letter creates policy and practical concerns, such as the responsibility placed on firearms dealers, he said.

"I think the federal government should be real careful and we would like to have had a discussion about this before getting the ATF letter," Bullock said.The Department of Justice did not have immediate comment when contacted on Monday.

Bullock said he would like to work with the Department of Justice to find a reasonable solution to the problems created by the ATF letter, but he did not have an immediate proposal and said he was awaiting an answer to his letter.

"I'm hopeful they'll give careful consideration and provide a response," he said.

Gary Marbut, president of the Montana Shooting Sports Association, said Bullock's letter is a step in the right direction, but he'd like to see Bullock and other state officials follow up with "actual deeds".