FRESNO, Calif. (KFSN) --Users of medical marijuana can be banned from buying firearms here in California. The Ninth US Circuit Court of appeals has decided that while medical marijuana is legal here, it's still against federal law, and therefore admitted marijuana users can be kept from buying guns.
Among the questions on the Federal Firearms Transaction form is are you an unlawful user of or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance. Clovis Gun dealer Frank Burgin relies on customers to be honest.
"We can only assume that they are telling the truth. I mean, I can't frisk them, or check their wallet to see if they have a marijuana card. The things ask if they are an unlawful user of marijuana. Well if you have a marijuana card in my opinion that would be a lawful user."
But that's not the opinion of the Federal Courts. They've recently ruled a woman with a California medical marijuana card is ineligible to buy a firearm because marijuana is illegal under federal law. So if a gun buyer who uses medical marijuana is honest, and acknowledges they use marijuana, they can't buy a gun.
"I would stop them immediately, I would not sell them the gun," said Burgin.
The federal form remains in the gun shop available for federal inspection. So it's important to be truthful.
Tony Capozzi. ABC30 legal analyst, said, "If you knowingly sign a statement, knowing it to be false, it's a felony and it's up to five years in jail."
Dr. Daniel Brubaker prescribes medical marijuana for some of the patients in his medical practice. He issues a recommendation and an ID card. He said excluding legal users of medical marijuana from buying a gun doesn't make sense.
"I think it's ridiculous, so, why don't we have the question on there, 'do you drink alcohol,' because that stirs up a lot of anger and it leads to crazy things like people using their guns."
Dr. Brubaker feels it's another example of the distorted federal view of marijuana.
"It's amazing to me the medicinal value of this, and why they demonize it is just hard for me to understand."
Now the ruling by the Ninth Circuit Court in San Francisco doesn't say someone with a medical marijuana card can't own a gun they already have. They just can't legally buy one as long as they have a prescription for medical marijuana.