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Discussion Starter #1 (Edited)
Excuse where the cite came from but the 2A issue is there regardless of conservative or liberal paint.

Federal Court Rules: Medical Marijuana Cardholders Cannot Purchase Firearm

The gist of it...

A federal appeals court ruled that the law prohibiting gun sales to medical marijuana card holders is constitutional. The court has jurisdiction over nine Western states that include California, Washington, and Oregon.

In recent years, the state of Nevada denied a woman named S. Rowan Wilson the ability to purchase a firearm as a result of her having a medical marijuana card. She got the card as a political statement in support of sensible marijuana legislation.

The law states that gun purchases by an unlawful user or addict of any controlled substance are strictly prohibited. Notice that it says unlawful user and ‘controlled substance.’ Those words are the only reason this remains constitutional. Marijuana remains illegal at a federal level.



They say that this law does not infringe upon the 2nd Amendment and that marijuana makes people violent and unpredictable, For legal purposes, that is enough reasoning to keep the law as it stands.


On edit: moderators relocate this to ChitChat iffen it doent belong here...
 

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Interesting and unsurprising at the same time. Once, and I do mean ONCE, MJ is legalized this will be in front of the SCOTUS for a final decision. It seems like the only reason for the ruling is that it is a schedule 1 drug per the Feds right now. It's slowly rolling up the states for legality and IMO is going to win the war. JMHO
 

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Just got to get our elected officials stoned enough so they don't realize what they are voting on.

Seriously it's a knife edge to walk nowadays. They (progressives & The left) are doing all they can to ban/seriously restrict guns. Yet many progressive states are legalizing MJ. It's still a federal crime and guns are federally regulated, wrongly so IMHO. Until it is at a minimum decriminalized on a federal level you can and might just loose you 2A rights for smoking the devils lettuce.


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Pretty shitty power grab by the Feds. I'd rather see recreational marijuana legalized at the federal level and treated like alcohol than the state by state medical business.

I'm not against people smoking pot at all, but it does impair your abilities to do certain jobs and tasks. I think we will start seeing a lot of lawsuits from people that are fired from working while high due to it being "prescribed" to them.

One of my guys using a skil saw on a ladder while blazed out of their mind would be a huge hazard, but a car salesman that's ripped could freak customers out as well.

I do understand the medicinal benefits of it, but many of the people that need it regularly due to disease or injury probably aren't working during treatment.
 

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I still haven't found a federal law that says the "use" of marijuana is illegal. I see where possession, manufacture and distribution are illegal.

The 4473 specifically references "use" in the question, nothing about possession. I can not believe a lawyer hasn't picked that apart yet.
 

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I still haven't found a federal law that says the "use" of marijuana is illegal. I see where possession, manufacture and distribution are illegal.

The 4473 specifically references "use" in the question, nothing about possession. I can not believe a lawyer hasn't picked that apart yet.
Give it time. During prohibition wasn't consumption of alcohol still legal, but possession, transportation, and sale illegal?
 

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But for now, if a state says use is legal and the Feds don't say use is illegal, I'd say prohibiting someone from owning a firearm due to "illegal use" is absolutely wrong and I can't believe a lawyer didn't use that angle. How can you be an "illegal user" if there is no law saying use is illegal?
 

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This shit is all selective enforcement. We all know it shouldn't be on the books in any form, but there are very few examples of enforcement and lots more exceptions.

I know a guy in Nevada, that has a felony (coke possession many years ago, since expunged), a medical MJ card, and a recent bust for growing for sale without a permit (pleaded down to misdemeanor and probation). Dude has several firearms AND a CCW.
 

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Brings up two points.

The first being the obvious one, the fact that it is still a Federal crime.

The second being that any Law if not enforced, should be eliminated. Everytime you allow selective enforcement, somebody's going to get fucked while others get a pass.
 

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MJ is classified as a sch 1 narcotuc and deemed illegal at the federal level.

The 4473 is a federal NICS background check form.

Question 11e

"e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or
decriminalized for medicinal or recreational purposes in the state where you reside."

I don't understand why anyone would think a court would rule otherwise.
 

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This impacts me also since my girlfriend has a card (300 Vicodin a month or smoking before bed) and is on my trust and I'd like to get a 45 can but pulling her off the trust will throw up red flags. She had never done drugs before pot her entire life but the Vicodin were killing her stomach and so far the pot is helping with most of the pain.
 

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This impacts me also since my girlfriend has a card (300 Vicodin a month or smoking before bed) and is on my trust and I'd like to get a 45 can but pulling her off the trust will throw up red flags. She had never done drugs before pot her entire life but the Vicodin were killing her stomach and so far the pot is helping with most of the pain.
I guess the smell wore off your wife?

:flipoff2:
 

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MJ is classified as a sch 1 narcotuc and deemed illegal at the federal level.

The 4473 is a federal NICS background check form.

Question 11e

"e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or
decriminalized for medicinal or recreational purposes in the state where you reside."

I don't understand why anyone would think a court would rule otherwise.

Where does the fed say use is illegal? If something is not specified as illegal, it is legal. I think the note on the new 4473 is misleading/wrong about the use being illegal.
 

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MJ is classified as a sch 1 narcotuc and deemed illegal at the federal level.

The 4473 is a federal NICS background check form.

Question 11e

"e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or
decriminalized for medicinal or recreational purposes in the state where you reside."

I don't understand why anyone would think a court would rule otherwise.
No one is arguing why the Feds take the stance they do. However there is a conflict within the law that WILL change. The Fed is using its supremacy to hammer people in the states over something the states have individually authorized. With a growing number of states allowing the sale and use of marijuana, this will only fester until it is finally resolved. Look to the gay marriage issue for a corollary.

This impacts me also since my girlfriend has a card (300 Vicodin a month or smoking before bed) and is on my trust and I'd like to get a 45 can but pulling her off the trust will throw up red flags. She had never done drugs before pot her entire life but the Vicodin were killing her stomach and so far the pot is helping with most of the pain.
10 vicodin a day?! HFS, what is wrong with her and what kind of devil's lettuce is she smoking if a little before bedtime has the same effect as 10 vicodin?

Where does the fed say use is illegal? If something is not specified as illegal, it is legal. I think the note on the new 4473 is misleading/wrong about the use being illegal.
1. I think you're right. Devil's advocate mode, since the fed considers it illegal, they imply/mean/think/have divined that the question is straight forward and leave it as such. This issue doesn't personally affect me since I don't, and never have smoked dope. However, I believe in freedom and support correcting jacked up laws.

No one wants to be a test case, but at some point I see this as a MJ card holder gets rolled up by the feds and hammered over owning a firearm. It goes to court and no matter who wins it gets appealed. At the circuit court level there will be a ruling. Again, it is likely to be appealed and IF SCOTUS hears it, we'll have an answer. I see it being appealed at the circuit court level because the first round will leave someone pissed off and it's the lowest level court.

Once at the appeals court, say the plaintiff (original arrestee who sued over the enforcement) wins. That leaves the Feds standing their holding their dick. The US Attorney will feel obligated, pressured, and possibly ordered to appeal until they will or lose it outright. The fed apparatus is not backing down on this one until forced to. Now, say it was a state that had the same issue. MJ card holder owned a firearms and was rolled up for whatever reason. They will argue that what they state had the right to restrict their ownership of a forearms because XYZ. The judge rules against the state, cites Heller, and McDonald, and leaves the state attorney holding their genitals in their hand. Now the state can either take the lump and repeal their legislation, OR they can fight it at the next level...which is what they will invariably do, unless there is a new sheriff in town and the law was passed by a previous administration.

JMHO
 

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The girlfriend has Lupus which affects her joints along with injuring her back while in the Navy and PTSD. She is listed as 100% disabled and that is pretty accurate.

Before she started smoking she read all that she could about pot and which strains are the best for pain and she keeps a journal of all the different type that she buys and how they work for her. The only two that I remember are Death Star and sour diesel. She's looking for something for the pain without the dopy/giggle/munchie/pot haze. She has pens and this spaceship looking thing with a big ass kettlecorn looking bag thing that she uses. Her lungs can't handle a pipe.
 

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The same sides (all of them) that are pressing for legalization also want it to be illegal for use and firearm ownership. They would much rather have you high and stupid as opposed to armed and aware.

Whatever they want for me is absolutely what is not in my best interest. Wolves in sheep's clothing.
 

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Off topic, but can't she just eat the stuff? Go full Billy Goat. :goat:
The edible stuff is all over the place in terms of strength and she has tried some of the cookies and some chocolate and it just not consistent enough at this point for her. One cookie she ate half of it and it knocked her on her ass and another time she ate 1 whole cookie and got a "slight buzz" so she stays away from the edible stuff. She's looking at the paste that is a concentrate but my guess is that it will floor her but she's still researching it.

The other issue is supply. Most of the time when she goes back the shop is out of Mind eraser of whatever she likes so it's hard to stay with what she likes and has to have three backups incase they are out. I've never been in one of these shops since they all have signs that say "firearms are prohibited" and have armed security outside and inside. I hate to be judgmental but when I'm waiting in the car for her there are people either waiting or going in/out that looks shady as hell. Not a chance I'm leaving my gun in the car to look at "pot mecca". I watched a guy walk in that had a huge ass backpack on that I could have packed with 5 different rifles I own and 200 rounds for each. A lot of out of state plates in the parking lot.
 

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This is interesting.....

If it were to fly, could it open a door for ignoring HIPPA Law?
Next it will be anti-depressant users, ADHD, pain killers, or aspirin.

I wonder if the Medical Mary Jane folks could fight this claiming HIPPA in the future.
 
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