The lawsuit that Warren County District Attorney Rob Greene brought against multiple federal agencies over his concealed carry rights as a medical marijuana cardholder is starting to move ahead.

The Second Amendment Foundation, representing Greene in the lawsuit, filed requests to issue summons, which were granted on Feb. 29.

Attorney General Merrick Garland, the Federal Bureau of Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives were named in the initial suit. All three were to be served summons, in addition to the civil process clerk with the U.S. Attorney’s office for the Western District of Pennsylvania, located in Pittsburgh.

“Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States,” the summons states, “you must serve on the plaintiff an answer to the attached complaint….”

Greene, currently serving his third term as Warren County District Attorney, filed the suit in late January. He declined to comment further to the Times Observer in the wake of the filing. Each agency named in the suit has a role in overseeing and administering the sale of firearms. Greene’s suit claims that the three men “have prohibited a particular class of persons, including Plaintiff

Greene and the foundation’s similarly situated members, from acquiring, keeping, possessing, and utilizing firearms and ammunition, in direct violation of the Second Amendment to the United States Constitution.” The filing cites the most recent Second Amendment ruling by the Supreme Court, Bruen, “requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding.”

“There is no historical tradition of categorically banning individuals from keeping and bearing arms due to their use of a medicinal substance.”

The suit seeks a ruling that finds that the laws that prohibit Greene’s firearms rights are a violation of Second Amendment protections as well as temporary – and eventually, permanent – injunctions against enforcement of those laws. Greene announced in late December that he wouldn’t be seeking a fourth term in office and would instead shift his focus to advocacy on the issue of marijuana.

Greene was first elected to the top law enforcement role in 2013 and his current term runs through December 2025.

While a change in state law wouldn’t affect federal marijuana designations, a bill in the state Senate aims to allow medical marijuana users to own firearms in Pennsylvania. Sen. Daniel Laughlin, R-Erie, has proposed to amend the commonwealth’s Uniform Firearms Act to conform with the legalization of medical marijuana in Pennsylvania.

In 2016, the Pennsylvania Medical Marijuana Act was implemented to allow individuals to legally treat specific medical conditions with marijuana. Since enactment, many laws have been updated to include the lawful use of marijuana for medicinal purposes, though a license to carry a firearm will not be issued to an individual that is considered to be an unlawful marijuana user.

“My legislation will make sure a valid medical marijuana cardholder is no longer considered an unlawful marijuana user,” said Laughlin. “Although marijuana remains illegal under federal law, we should be updating Pennsylvania’s laws to ensure valid medical marijuana cardholders are not denied their rights.”

If approved, Laughlin’s bill would allow someone like Greene to legally carry a firearm and medical marijuana card in Pennsylvania, though federal law would mean medical marijuana card holders would not be allowed to carry a firearm legally outside the state – something Laughlin mentioned in his legislative memorandum.

“Although marijuana continues to remain illegal under federal law, we should move forward updating our current laws within Pennsylvania,” he wrote. “A valid medical marijuana cardholder should not be considered an unlawful user and denied their rights.”