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Old 11-16-2017, 09:33 AM
 
Location: Southern Oregon
3,040 posts, read 4,979,987 times
Reputation: 3422

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That's right folks, the 9th Circuit Court has ruled that medical marijuana users can not buy firearms.

The court ruled 3-0 on Wednesday that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment, the Associated Press reports. There are nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.


A lawsuit was filed in 2011 by Nevada resident S. Rowan Wilson after she tried to purchase a gun for self-defense and was denied based on a federal ban on the sale of guns to users of illegal drugs. Though marijuana has been legalized in some places on a state-by-state basis, it remains illegal under federal law. The court maintained that drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

I think this is bogus, their concern was what I highlighted in bold, now how is it that one can buy alcohol and still buy a firearm, doesn't alcohol cause "irrational or unpredictable behavior".



I think this case will be headed to the Supreme Court and the liberal 9th Circuit Court will be overturned again.



What say you? Do you agree with the courts ruling?

http://fortune.com/2016/09/01/medical-marijuana-gun/
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Old 11-16-2017, 10:36 AM
 
Location: Arizona
13,778 posts, read 9,615,352 times
Reputation: 7485
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.
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Old 11-16-2017, 10:42 AM
 
Location: Cape Cod
24,303 posts, read 16,977,085 times
Reputation: 35546
I think this is just away to get guns out of the hands of law abiding citizens. They are forcing people to make a choice either to ease their daily pain with medicinal weed or to enjoy the comfort of their firearms.

What is next? People on Social Security can't own guns because they are too old ?


How about going after the real problem of unreported felons that can somehow manage to buy a gun after they get out of prison?
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Old 11-16-2017, 10:43 AM
 
4,344 posts, read 2,769,701 times
Reputation: 5814
So?
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Old 11-16-2017, 10:44 AM
 
22,768 posts, read 30,623,304 times
Reputation: 14737
Quote:
Originally Posted by Terryj View Post
how is it that one can buy alcohol and still buy a firearm
bc alcohol is legal

Quote:
Originally Posted by Terryj View Post
What say you? Do you agree with the courts ruling?
yes. the law is stupid, but it is not the court's job to make the law. the court did the right thing.
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Old 11-16-2017, 10:49 AM
 
Location: Colorado
923 posts, read 491,250 times
Reputation: 1283
ATF Form 4473 question "e" asks (yes/no)

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.
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Old 11-16-2017, 10:53 AM
 
13,899 posts, read 6,399,011 times
Reputation: 6960
I knew the Feds were up to something when they let states legalize while they left it illegal. The Obama admin started it with this in mind guaranteed.
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Old 11-16-2017, 10:54 AM
 
15,363 posts, read 12,562,795 times
Reputation: 7571
but if you are mentally unstable it's okay
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Old 11-16-2017, 10:58 AM
 
Location: Posting from my space yacht.
8,452 posts, read 4,715,619 times
Reputation: 15354
9th circuit gets overturned a lot but I don't think that will happen in this case. Reefer Madness is alive and well in our federal government.
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Old 11-16-2017, 11:01 AM
 
58,546 posts, read 26,866,298 times
Reputation: 14127
Quote:
Originally Posted by mohawkx View Post
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.
"SCOTUS will say it's not their job to change legislative law, it's Congress's job."

You failed the class on the Constitution in high school, if you ever took one.

That is EXACTLY what they do.

They DETERMINE if a law IS Constitutional or NOT.
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