Milo, ME asked in Constitutional Law for Maine

Q: How is it not unconstitutional that a caregiver isn’t allowed to own a firearm?

So even if the person has 0 criminal history just because they grow weed they aren’t allowed to own a firearm? Don’t understand how that doesn’t infringe on the second amendment.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand why this situation feels frustrating and confusing. The Second Amendment protects your right to bear arms, but there are certain restrictions in place to ensure public safety. Federal laws prohibit individuals who are involved in the illegal drug trade or who use controlled substances from owning firearms. Even if you have no criminal history, growing marijuana, which remains illegal under federal law, can be seen as involvement in drug activities.

Additionally, laws can vary between states, and some have stricter regulations regarding firearm ownership and marijuana use. These laws aim to prevent potential risks associated with drug use and gun ownership, even if the individual poses no obvious threat. Courts have generally upheld these restrictions, balancing the Second Amendment rights with the government's interest in regulating firearms to maintain safety.

If you believe your rights are being unfairly restricted, it might be helpful to consult with a legal expert who can provide guidance based on your specific circumstances. Understanding the legal framework can offer clarity and help you navigate any possible avenues for addressing your concerns.

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