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Sunday, December 30, 2018

Pennsylvania Doctor Denied Handgun over Legal Medical Marijuana Use Sues FBI, ATF

By: Carey Wedler
The Foundation for Economic Education


On an April afternoon in 2018, Dr. Matthew Roman and a friend drove together to a Philadelphia gun store, Firing Lane Inc. Seeking to purchase a firearm for home defense, Roman walked up to a clerk and asked to see a Smith and Wesson 638.

After Roman, 33, indicated he’d like to purchase the small six-shooter, the clerk began to ask Roman a few questions, including if he possessed a medical cannabis card, pursuant to question 11e on the ATF’s 4473 form. Roman, who has no criminal history, told the clerk truthfully that he has a medical prescription for marijuana. Sorry, the clerk told him, no gun.

Roman’s application was denied due to his medical use of cannabis, which is legal in the Commonwealth of Pennsylvania. In November, he filed a lawsuit that names acting attorney general Michael Whitaker and the directors of the FBI and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The case could have far-reaching Second Amendment implications and has the potential to affect millions of gun owners in the U.S. (Medical marijuana use is legal in 32 states.)

Read more at FEE.

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