Police reverse decision to withhold gun license, seize firearm from medical cannabis user

CODEPOLA took case to court

By THE STAR STAFF

The Puerto Rico Police Bureau reversed its decision to withhold a woman’s gun license and confiscate her firearm because she possessed a medical cannabis license, after the Corporation for the Defense of Gun License Holders of Puerto Rico (CODEPOLA) took the case to the Court of Appeals to defend the woman’s rights.

CODEPOLA President Ariel Torres Meléndez described the decision as an important step and urged the government not to wait until each citizen has to go to court to assert their rights, but to immediately review cases in which similar decisions have been made.

The Court of Appeals dismissed the administrative review appeal filed in the case of Alexandra Rivera Medina after the Police Bureau reversed its decision to withhold her gun license and seize her firearm.

Although the case became an academic matter, Torres Meléndez said “it was handled through the Appeals Court and not administratively, which closed the door to the Police continuing to make similar decisions against citizens.”

“This case demonstrates that when citizens believe their rights have been violated, they must defend them and use all available legal mechanisms,” Torres Meléndez, adding that the outcome of the case has implications that go beyond Rivera Medina, particularly for other citizens who possess gun licenses and, in turn, are authorized to use medicinal cannabis.

“This case demonstrates that constitutional rights cannot depend on the particular interpretation of an official or agency,” he said. “Citizens have the right to claim and demand that the government act in accordance with the Constitution and the laws.”