As we suspected would happen- US Court Upholds Ban

Discussion in 'General Discussion' started by chimo, Sep 1, 2016.


  1. chimo

    chimo the few, the proud, the jarhead monkey crowd Site Supporter+

    US Court Upholds Ban on Gun Sales to Marijuana Card Holders
    A federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday.

    The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court's jurisdiction, including California, Washington and Oregon.

    It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.

    Marijuana remains illegal under federal law.

    Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.

    She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.

    The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.

    The court also said Congress had reasonably concluded that marijuana and other drug use "raises the risk of irrational or unpredictable behavior with which gun use should not be associated."

    Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal the decision and his options include submitting the appeal to the same panel of judges that issued the ruling, a larger panel of the circuit court or the U.S. Supreme Court.

    "We live in a world where having a medical marijuana card is enough to say you don't get a gun, but if you're on the no fly list your constitutional right is still protected," he said.

    The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.

    Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said the idea that marijuana users were more prone to violence is a fallacy.

    "Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens," he said.

    Alex Kreit, a marijuana law expert at Thomas Jefferson School of Law in San Diego, said the ruling was significant — but may not be the last time the 9th Circuit addresses medical marijuana and gun rights.

    "It seems like the court did not foreclose the possibility of a challenge by actual medical marijuana users that they shouldn't be lumped with other drug users in terms of concerns about violence," he said.

     
    Seepalaces likes this.
  2. Bandit99

    Bandit99 Monkey+++

    I wonder when they will ban gun sales to scotch drinkers?.......
     
    Dont, Seepalaces, Oltymer and 2 others like this.
  3. Legion489

    Legion489 Shining the Light of Truth

    "The court also said Congress had reasonably concluded that marijuana and other drug use "raises the risk of irrational or unpredictable behavior with which gun use should not be associated."

    Marijuana "raises the risk of irrational or unpredictable behavior ". Now that is funny! I look around and wonder what some have been smoking to act like they do. Most dope smokers sit and eat, not attack others for no reason.
     
  4. azrancher

    azrancher Monkey +++

    Perhaps they should take away their cars, or perhaps lock them away on some deserted island, and make them live within walking distance of a Jack-in-the Box.

    Rancher
     
    Seepalaces likes this.
  5. 3M-TA3

    3M-TA3 Cold Wet Monkey

    It's not about punishing marijuana users; it's about taking away Second Amendment rights. They LIKE citizens using marijuana - much easier to control people who get spaced out and giggle than alert and armed citizens.

    Note that this was the ultra liberal and globalist 9th Circuit Court - the most overturned court in the country - that made the ruling.
     
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  6. Ganado

    Ganado Monkey+++

    I keep wondering where the data is that supports these conclusions
     
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  7. 3M-TA3

    3M-TA3 Cold Wet Monkey

    Data? We don't need no stinking data!
     
  8. Ganado

    Ganado Monkey+++

    Says the monkey with a pic of monkey on a a cell phone. lol [grouphug]
     
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  9. Altoidfishfins

    Altoidfishfins Monkey++

    The other very dangerous precedent that this ruling sets is the fact that this individual hasn't been convicted of any felony. So what other reasons can be used to justify the denial of firearms rights? Speeding ticket? Jaywalking? Littering? The court, all by itself, lowers the bar in determining who has constitutional rights and who does not?

    Eventually, could this line of reasoning be expanded to include the denial of other constitutional rights?

    Just sayin'
     
  10. john316

    john316 Monkey+

    when they ask.............just say no
     
  11. 3M-TA3

    3M-TA3 Cold Wet Monkey

    No fly list for any arbitrary reason, no notification, no appeal process...

    Yes, they are doing everything they can to strangle us.
     
  12. Seepalaces

    Seepalaces Monkey+ Site Supporter+

    There is a lot of data that defends the idea that marijuana use is correlated with psychosis (hey, don't fling poo at me, facts are facts), but clearly this is about the feds trying to big foot their way around the second amendment while they still can. Additionally, if they can legally use a medical reason to deny you a gun, aren't we all excited that the feds have somewhat unlimited access to our medical records?
     
    Cruisin Sloth likes this.
  13. Bandit99

    Bandit99 Monkey+++

    Scotch? No, sir! Never touch the stuff! I am strictly a Jameson man! It's an Irish heritage thing, it's genetic. :)
     
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  14. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    The problem with a department under the control of the executive branch, it is empowered to make the rules that impact all of us based on the political whim’s of who ever is heading that branch of the gov... That is one way congress seeks to distance themselves from the political wrath of those they dependent on to further their existence in congress.. Congress makes the law's. They should craft those law's as narrowly as possible to address what ever bull they are trying to restrain us from doing. Not leave it to the discretion of some bureaucrat to interpret.. Phillip Drue anyone??
     
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  15. OldDude49

    OldDude49 Just n old guy

    Maybe we should all start complaining to our congress critters n what not about dereliction of duty or some such?

    Enough of us do so and include the fact that we vote and will do so accordingly... well?
     
    Caveman Jim, Seepalaces and Dont like this.
  16. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    Don't worry, the laws passed by legislatures all across the country and those that continue to pass will make all of us criminals soon enough.
     
    GOG, Gator 45/70, Caveman Jim and 2 others like this.
  17. chimo

    chimo the few, the proud, the jarhead monkey crowd Site Supporter+

    That's kinda doing the same thing and expecting a different result, dontcha think?

    The only way our votes will regain any credibility or deterrence value is if we can show by example that we can and will throw the bums out. Outliers like Cantor might get their attention for a short period while electing the likes of Trump should really get their attention...but what will really make a difference is if just once (or more) we can dump every single incumbent congress critter up for re-election, or at least a large percentage of them.
     
    Gator 45/70 and Dont like this.
  18. Cruisin Sloth

    Cruisin Sloth Special & Slow

    I see SO MANY folks buy booze on credit / debit cards etc.
    YUR NUTS , all this is being recorded , so if you need a repair from falling or something , there will be a time that someone will look or have access to !! As Ms Sea posted :
    Plus all CC & Debit transactions , I use cash
     
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  19. OldDude49

    OldDude49 Just n old guy

    That was pretty much what I was saying... tell em to get it together or their out...
     
    Seepalaces likes this.
  20. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    One of the problems is that the city's have the majority of population and of lib's.. And so, the city dwellers are the ones that have the most votes.. In some areas I should say.. If it should come to pass that we country folk's are blessed with a large influx of the city lib's, we will have our hands full re-educating the poor dimwitted fools..
     
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