Second Amendment rights could be compromised for Colorado residents who use marijuana for medical or recreational uses, even though doing so is legal in the state, under Amendment 20 and Amendment 64. The Second Amendment of the Constitution addresses the right to keep and bear arms; under federal law, marijuana users in Colorado would be denied that right.Firearm sales are controlled at the federal level by the Bureau of Alcohol, Tobacco, Firearms and Explosives. In a Sept. 2011 open memo to all federal firearms licensees, the agency reiterated its position that individuals who use federally banned substances, including marijuana, are prohibited from purchasing or possessing firearms or ammunition. ìMarijuana is listed in the Controlled Substances Act as a Schedule 1 controlled substance, and there are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law,î wrote Arthur Herbert, assistant director of the ATF, in the memo.Former Sen. John Walsh of Montana proposed an amendment to a 2014 spending bill that would prohibit the ATF from enforcing the prohibition. Despite support from Republican Sen. Ted Cruz of Texas, the amendment died in committee, leaving the prohibition in place.ìFrom the perspective of the federal government, it’s one size fits all, that the use of any marijuana creates an impairment that precludes the use of firearms,î said Ric Morgan, an attorney who teaches gun and self-defense law classes for Falcon Personal Security. Morgan said that the use of firearms under the influence of alcohol and legal prescription drugs is also prohibited, but a jury is usually involved in deciding the fate of that situation.The firearm prohibition for Colorado residents who use marijuana is especially relevant in the Pikes Peak region. Teller County is the sixth-ranked county nationwide for the percentage of residents ó 52.3 percent ó who keep firearms, according to data from the CDC compiled by http://city-data.com. El Paso County is next on the list among Colorado counties, with 33.5 percent of residences owning firearms.Colorado sheriffsí offices currently must follow federal firearm regulations when approving or denying concealed handgun permits. State law mandates that sheriffs must routinely deny applicants who are ineligible to possess firearms under federal guidelines. In addition to marijuana users, federal guidelines ban convicted felons, those admitted to mental institutions, illegal immigrants, former military discharged under dishonorable conditions, people convicted of domestic violence and people with court-imposed restraining order because of stalking or threatening children or former intimate partners.The concealed handgun permit application includes a series of 14 yes-and-no questions that applicants must answer under penalty of perjury to determine their eligibility. One question preventing marijuana users from getting a permit: ìDo you use, grow or possess marijuana for medical or recreational purposes, or are you an unlawful user of, or addicted to, any depressant, stimulant, narcotic drug, or any other controlled substance?îThe Campaign for Equal Gun Rights has created a ballot initiative to allow county sheriffs to approve applicants who use marijuana under Colorado’s medical and recreational cannabis laws. Isaac Chase and Edgar Antillon, co-founders of Guns for Everyone, an organization that offers free basic pistol classes to help people qualify for concealed carry permits, started the organization after learning some of their students were being presumptively denied.ìA lot of students come here to get the knowledge and training, even though they knew they were going to get denied,î Antillon said. ìWe want to pave the way to make sure anyone can defend their lives.î The ballot language, which was submitted to the state title board in January, amends the current state law on concealed permits by adding the language ìexcept that a sheriff shall not use a permit applicant’s lawful use of marijuana pursuant to section 14 or 16 of Article 18 of the State Constitution as a basis for denying the applicant a permit.îAntillon said the Colorado Department of Health and Environment shares information about medical marijuana card holders with the Colorado Bureau of Investigation. The CBI then provides that information to sheriff offices during the required background check for concealed carry applications. ìI’m sure there are some recreational users that are taking the risk and applying, and I know one personally that just decided to not apply,î Antillon said. ìFor red card medical marijuana holders, the county sheriffs cross reference with the CBI and will see it.îThe CEGR’s ballot initiative, if passed, will not change the federal regulations on gun purchases or concealed permits. Other states that currently have reciprocity agreements with Colorado for residents to carry weapons while visiting their states will likely have to revisit those agreements. ìI don’t see the ATF having consequences or slapping the wrists of state and local governments for following this proposed language,î Antillon said. ìIf there are any consequences, it will be for us as citizens, as usual.îThe CEGR full proposed ballot language and ongoing updates on the signature process is available at http://coequalgunrights.org.
