This was a big story in September 2011 when the ATF sent out a letter to all FFL dealers, but MY UNDERSTANDING IS THAT THE ISSUE IS STILL UNDECIDED AND IS CURRENTLY WORKING ITS WAY THROUGH THE COURT SYSTEM.
When this letter went out the Montana legislatures voiced their concerns.
The Attorney General at the time, Steve Bullock, who is now Montana's governor, objected to the U.S. Justice Department over its memo banning the sale of guns or ammunition to licensed medical marijuana users and urged the agency not to prosecute anyone.
The letter from Bullock followed criticism of the policy from all three members of Montana's congressional delegation, Senators Jon Tester and Max Baucus, and Congressman Denny Rehberg. And the Montana Shooting Sports Association was first in blasting the memo.
Bullock told Holder said he's willing to work with the U.S. Justice Department staff "on exploring a reasonable solution to the problems created by the Bureau of Alcohol, Tobacco, Firearms and Explosives letter." The goal, he said, is to find an approach that works for the Montana and the other states and the District of Columbia that have legalized medical marijuana. "This would be much better than the type of unilateral proclamation represented by the ATF letter, which was issued without any advance notice or discussion with the elected officials who represent more than one-fourth of this nation's population and one-third of its states," Bullock wrote. "In the meantime, I respectfully request that the Department of Justice not pursue any criminal prosecutions against law-abiding citizens in Montana who exercise their constitutional rights to possess guns and enjoy hunting, or the licensees who are implicitly threatened by ATF's letter."
Gary Marbut, president of the Montana Shooting Sports Association, called Bullock's letter to Holder "a good first step." He said he looks forward to seeing "actual deeds" by state elected officials in following up on the issue.
Medical marijuana card holders in other states have successfully sued over the issue AND WON.
The most highly publicized case was that of Cynthia Willis from the state of Oregon and her fight with Sheriff Mike Winters.
http://www.tokeofthetown.com/2012/01/supreme_court_oregon_marijuana_patients_can_keep_t.php
Quote:
"Concealed handgun owners with Oregon medical marijuana authorizations will be allowed to keep their gun licenses after a U.S. Supreme Court decision not to hear a sheriff's legal challenge which claimed U.S. federal law trumps Oregon state law. Putting the case behind her is a victory for the rights of medical marijuana patients throughout Oregon, according to Gold Hill resident Cynthia Willis, 54, reports Damian Mann of the Southern Oregon Mail Tribune.
"Just because we're patients doesn't mean we don't have real lifestyles and rights like everyone else," Willis said.
Jackson County Sheriff Mike Winters had denied Willis a concealed handgun license back in 2008 because she uses medical marijuana, which is considered a Schedule I controlled substance, along with heroin and LSD, by the federal government."
(end of quotes)
So the Oregon Supreme Court ruled in favor of the gun owners.
But the issue continues to rear its ugly head in other states.
Recently a Richland, WA medical marijuana patient who had applied for a Concealed Pistol License was denied by police.
http://www.nbcrightnow.com/story/24...juana-patient-denied-concealed-pistol-license
It will be very interesting to see what happens in both Colorado and in Washington where recreational marijuana is now legal.