Despite 38 states legalizing medical marijuana, the federal government still classifies it as a Schedule 1 narcotic. As a result, individuals who obtain medical marijuana ID cards and use medical marijuana to treat are prohibited from purchasing and/or possessing firearms and ammunition under 18 U.S.C. § 922(g)(3). Put simply, those who opt to use medical marijuana for treatment forfeit their Second Amendment rights under the current state of the law.
Plaintiff Greene is the duly elected District Attorney of Warren County, Pennsylvania. In May of 2023, Greene sought and obtained a Medical Marijuana ID Card pursuant to Pennsylvania law. However, because the Defendants enforce 922(g)(3), Plaintiff Greene currently abstains from purchasing or possessing firearms and ammunition, being forced to choose between using a medicine of his choice or the exercise of his Second Amendment rights.
On January 23, 2024, the Second Amendment Foundation, along with Greene, filed suit against US Attorney General Merrick Garland, ATF Director Stephen Dettlebach, and FBI Director Christopher Wray. The lawsuit seeks a preliminary and permanent injunction and declaratory relief that 18 U.S.C. §§ 922(g)(3), (d)(3) and their implementing regulations violate Plaintiff Greene’s and SAF’s similarly situated members Second Amendment rights.
Case Team: SAF Executive Director Adam Kraut, Joshua Prince
Recent Docket Activity
October 21st, 2025
ECF FILER: Motion filed by Appellees Attorney General United States of America, Director Bureau of Alcohol Tobacco Firearms & Explosives, Director Federal Bureau of Investigation and USA to hold case in abeyance in light of the Supreme Court's grant of the Petition for a Writ of Certiorari in USA v. Hemani. Certificate of Service dated 10/21/2025. Service made by ECF. [25-2309] --[Edited 10/22/2025 by AWI] [Entered: 10/21/2025 06:54 PM]
September 22nd, 2025
CLERK'S OFFICE QUALITY CONTROL MESSAGE: Compliance Received entry. ERROR: Docketed in the wrong appeal. CORRECTION: Entry No. 24 will be removed from the docket and docketed in the correct appeal. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [Entered: 09/22/2025 12:24 PM]
September 12th, 2025
HARD COPY RECEIVED from Appellants Robert Greene, James Irey and Second Amendment Foundation - Appendix. Copies: 4. Volumes: 2 . Received: 7. [Entered: 09/12/2025 03:15 PM]
September 12th, 2025
COMPLIANCE RECEIVED. Corrected appendix volume II received from Appellants Robert Greene, James Irey and Second Amendment Foundation. [Entered: 09/22/2025 12:17 PM]
September 9th, 2025
ECF FILER: Motion filed by Appellees Attorney General United States of America, Director Bureau of Alcohol Tobacco Firearms & Explosives, Director Federal Bureau of Investigation and USA for Extension of Time of Thirty Days to file Response Brief until 11/3/2025. Certificate of Service dated 09/09/2025. Service made by ECF. [25-2309] --[Edited 09/09/2025 by AWI] [Entered: 09/09/2025 10:58 AM]
September 9th, 2025
TEXT ORDER granting unopposed motion filed by Appellees USA, Director Bureau of Alcohol Tobacco Firearms & Explosives, Attorney General United States of America and Director Federal Bureau of Investigation for extension of time to file brief until November 3, 2025. Counsel is advised that extensions of time are generally disfavored. [Entered: 09/09/2025 04:58 PM]
September 8th, 2025
HARD COPY RECEIVED from Appellants Robert Greene, James Irey and Second Amendment Foundation - Brief with Volume I of Appendix attached. Copies: 7. [Entered: 09/08/2025 01:10 PM]
