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The law is pretty clear here and the 9th got it right. Use drugs that are illegal under federal law you don't get a gun. Sessions is about to crack down on potheads too. The party is over.
You are making a leap from "possessing a medical marijuana card" to "using drugs that are illegal.
Your state never had legalized recreational use during our lifetime.
What is this "history and experience" that you speak of?
No new tax has even made a significant impact on property taxes. It all goes down the rabbit hole. Plus, if you knew anything about NJ tax structure, you would know that state sales tax does not impact local taxes for most of the state.
I don't think we have a choice to rule differently, no matter where you stand on the issue. The people who buy a gun have to go through what's called a NICS check. (National Instant Criminal Background Check System).
Notice the emphasis on National. It is a national program administered by the Federal government. Many times the people enforcing those laws don't agree with them but are duty bound to enforce them because it is legislative federal law.
That's exactly the case here. Until Congress repeals the law on marijuana being illegal, it will remain a block to gun purchases no matter if all 50 states independently declare marijuana legal in their jurisdiction.
I don't agree with the policy but that's just the way it is. They take it to the SCOTUS, they will still lose. SCOTUS will say it's not their job to change legislative law, it's Congress's job.
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 wonder how many more electronic-databases, full of state and federal "information", that can (will?) be used to limit what the average citizen can/cannot do, are out there?
Federal law is the law of the land. Sorry, no guns for you.
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