Appeals court upholds ban on gun sales to medical marijuana card holders

[Hoji]

I think people here are getting hung up on having actual proof of being a unlawful user. They don't need a blood test to determine that.

This case has made it through two court challenges already. I highly doubt SCOTUS picks it up and I feel the drug will be rescheduled before they do anyway.

Did you read my link? I would think that an equal protection under the law clause could be made. The fact is, there are and have been legal MJ users under federal law.

 

[Recoil45]

No,but I just read it now. Interesting and I didn't know about it.

 

[Mike1234567]

Don't worry. The Feds have got our backs..... stab, stab stab.

 

[TheDan]

The Federal 4473 form asks: "Are you an unlawful user of, or addicted to marijuana or any depressant, stimulant, narcotic drug or any other controlled substance?"

Damn! I've been addicted to coffee for years... No more newly purchased guns for me.

 

[Mike1234567]

I'm addicted to porn... awe CRAP!!

 

[ROGER4314]

In fishing terms, the Feds Chummed the water around this issue by "declining to prosecute" users of Pot in states where that is now legal. Of course, it's still illegal to use pot under Federal law. That enticed people to use weed thinking that they were free of Federal prosecution.

The worst part here, as some suggest, is that the Feds don't need a conviction to pull citizen 2nd Amendment rights. Possession of a Medical card or similar official docs seem to be all they need.

I'll make this clear............. I won't use the stuff if it is legal AND free.

Flash

 

[Ranger550]

Chronic opiate users are dependent and tolerant, definitions of addiction. Are their gun rights suspended too?

My sis-in-law is on fentanyl transdermal patches, which are a synthetic opiate, for early onset rheumatoid arthritis. Would this disqualify her too, assuming she lived in TX, not commiefornia? Seems to me that it might.

 

[Ranger550]

Not all MMJ get's people stoned. The types that are high in CBD content but ultra-low in THC content don't make people high.

You can legally buy CBD drops for pain conditions, even under federal law. The THC content is .003 percent so you cannot get
"high" on this stuff.

 

[Ranger550]

With out the MMJ they won't need that stuff. Coming from a state that has legalized it and regardless of how the law reads, I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

I have an friend of a friend who has stage 2 cancer and has a medical card. In no way shape or form would I feel safe with her having a firearm when she is stoned.

Just my $.02

Me too. I have seen how paranoid MJ users can become.

As a professional driver, I have wondered how anyone who lives in a state where MJ is legal, can be able to be allowed to drive a vehicle. You cannot do so while drunk so how does someone who might be high on MJ get away with driving while high?

 

[Ranger550]

I feel the same about people who have alcohol in their house. I don't want drunk people running around with guns and would prefer that alcohol use be a disqualifier for gun ownership.

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For a non-recovering alcoholic, I would tend agree with you, but if you had a ban on firearms ownership for all the people who have alcohol at home or drink occasionally, you'd have half of the US disbarred from owning firearms.

That said, guns and alcohol use at the same time are not a good mix, I will agree with that, Younggun.

 

[XinTX]

Just because someone has a medical MJ card doesn't mean they've used. It's a good indicator but it's not proof. Without proof, denial of a firearms sale (especially in this case where the plaintiff says she got the card as a political statement and not to smoke pot) is trampling all over the concept of due process.

Question - Does anybody know how the gun shop knew she had a medical MJ card? It would help to understand if the woman revealed it as another political act or if the NICS is already wired into the state medical databases

So perhaps she made a point of the fact she had the MJ card at the point of sale to continue making a statement. So now said plaintiff has a case on the books saying MJ card = no guns. Personally, the libertarian in me doesn't see an issue with recreational MJ use. About that same as drinking alcohol. People get addicted to that too. But even being an alcoholic isn't a "disqualifier".

 

[300blk]

So we're saying they actually need to buy weed 1st? Or we need to wait for them to buy weed and post a video of them rolling and smoking it? If they did post such a video how do we know they didn't substitute oregano for the actual weed and didn't actually unlawfully smoke the weed under federal law.

because you bought alcohol doesnt mean you are a drunk driver.

 

[300blk]

With out the MMJ they won't need that stuff. Coming from a state that has legalized it and regardless of how the law reads, I personally don't care to have anyone who is high for legal or medicinal purposes running around with a firearm.

I have an friend of a friend who has stage 2 cancer and has a medical card. In no way shape or form would I feel safe with her having a firearm when she is stoned.

Just my $.02

that is your problem and not based on any data. MJ users are much less violent than drunks.

Should people who get drunk not own firearms? Should your being scared be sufficient? Because all the liberals are scared of you owning a gun when you are sober..

"On the other hand, the number of crimes that are committed that have some sort of alcohol component related to them are massive -- hundreds of thousands a year, if not more," he said. "It's far worse than what's going on with pot."
Violent assaults, in particular, are often fueled by alcohol. In contrast, Carroll says research shows rates of interpersonal or domestic violence are actually "lower inpeople who smoke marijuana than people that don't."

 

[Younggun]

For a non-recovering alcoholic, I would tend agree with you, but if you had a ban on firearms ownership for all the people who have alcohol at home or drink occasionally, you'd have half of the US disbarred from owning firearms.

That said, guns and alcohol use at the same time are not a good mix, I will agree with that, Younggun.

So what if it means half the country? Just like we know marijuana users will smoke at some point, we know those with alcohol will drink at some point. As you said, MJ or alcohol and guns don't mix. I don't feel safe with drunks running around blasting guns at everybody.

If you are going to use a mind altering substance like MJ or alcohol you shouldn't own a firearm.


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[Mike1234567]

I drink every day... but I don't drink and drive nor handle firearms while drinking. If I were to take MMJ that has THC in it (I don't), I would treat that the same way. Are some people here in favor of revoking my 2A rights because I drink... or perhaps may one day start taking MMJ? Seriously?

 

[Recoil45]

I have no issue with MMJ people buying firearms. However federal laws currently don't allow it.

 

[Recoil45]

because you bought alcohol doesnt mean you are a drunk driver.

100% agree.

 

[Renegade]

Question - Does anybody know how the gun shop knew she had a medical MJ card? It would help to understand if the woman revealed it as another political act or if the NICS is already wired into the state medical databases

She revealed it.

 

[Renegade]

I have no issue with MMJ people buying firearms. However federal laws currently don't allow it.

Incorrect. They are free to purchase. I am not sure why, no matter how many times this is explained to you, you do not seem to get it.

 

[Recoil45]

Incorrect. They are free to purchase. I am not sure why, no matter how many times this is explained to you, you do not seem to get it.

You keep posting that but someone who uses MMJ or just MJ cannot legally buy a firearm. You asking for proof they actually used and I'm saying they don't need it and two court cases back that up. People get put in jail with no proof they actually murdered anyone. In many cases all the prosecutor had was a motive. Think of the MMJ card as motive. Below is the ATF letter clarifying the law back in 2011. It states "reasonable cause to believe". The fact that the buyer was honest about having a MMJ card gave the seller "reasonable cause to believe".

She screwed everyone residing in the 9th circuit with her little stunt.


https://www.atf.gov/file/60211/download