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Gun Control/2nd Amendment Discuss U.S. Circuit Court of Appeals: No Smoking and Shooting at the General Forum; Originally Posted by foundit66 So, no conviction . Something that is not a felony . You don't even know what ...

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Old 08-31-2016, 09:07 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by foundit66 View Post
So, no conviction. Something that is not a felony.
You don't even know what the circumstances are. The person could have gotten a card 11 months ago, tried it and decided they didn't like it. And then 11 months later they are denied rights for something they could no longer be partaking of...
And you support that?
I didn't say I supported it...

I simply explained the reasoning...

From the OP...

Quote:
The 9th Circuit in its 3-0 decision agreed that it's reasonable for federal regulators to assume a medical marijuana card holder is more likely to use the drug.
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Old 08-31-2016, 09:10 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by cnredd View Post
Breaking CERTAIN federal laws DO "remove your right to bare arms"...

From the OP...
It's wrong
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Old 08-31-2016, 09:31 PM
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Post Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by cnredd View Post
I didn't say I supported it...
I simply explained the reasoning...
From the OP...
And I already addressed that in the rest of my post.

There are two aspects of this.
1) The marijuana card user could be violating federal law with marijuana.
But not a felony.

2) This is where the attempted court justification was provided.
In addition, a ban on the sale of guns to marijuana and other drug users is reasonable because the use of such drugs "raises the risk of irrational or unpredictable behavior with which gun use should not be associated," Senior District Judge Jed Rakoff said.

I just demonstrated that is 100% true for alcohol.
So tell me why the same logic can't be used for guns in bars?
Or regarding a discussion on restricting guns from DOCUMENTED bad behavior?

Convicted of misdemeanor DUI?
Then the Federal government decrees you forfeit your right to own a gun!
At least that demonstrates a conviction demonstrating the person exercised past bad behavior involving excessive alcohol use.

But on the flip side, their accusation regarding marijuana is not shown.


The 2nd amendment people should be pissed at the precedent of this.

And note, this came from the 9th circuit (California) court.
The infamously liberal one...

If I were you, I would be wondering if this court case could establish a loose justification for denying gun ownership on OTHER suspected (but no conviction) illegal activities which aren't felonies which have an allegation of increased risk ...
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Last edited by foundit66; 08-31-2016 at 09:39 PM..
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Old 08-31-2016, 11:05 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by cnredd View Post
Breaking CERTAIN federal laws DO "remove your right to bare arms"...

From the OP...
Then they can refuse to sell guns to anyone from or in Alaska, Oregon, Washington, and Colorado, based on that logic since those states have legalized recreational marijuana, so how is that so pro 2nd amendment?
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Old 08-31-2016, 11:15 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

This sounds like something Dianne Frankenstein thought up.
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Old 08-31-2016, 11:46 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

This is really hilarious. Some of the biggest anti government people chime in. And they want more government involved. There could be nothing more ridiculous and wasteful of government resources than a war on drugs or people simply taking pain pills.
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Damn shame it couldn't have been a father / son event. IMHO.
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Old 08-31-2016, 11:48 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by Manitou View Post
This sounds like something Dianne Frankenstein thought up.
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Originally Posted by TiredRetired View Post
Damn shame it couldn't have been a father / son event. IMHO.
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Old 09-01-2016, 10:31 AM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

I agree with the judge's decision on this one, something I don't often do with the 9th circuit. In this case they are enforcing existing law, I may not agree with the law, but it is there none the less and proving that pot as a schedule 1 drug is "unconstitutional"... good luck with that.
About the existing law: Those of us that are regular users of ATF form 4473 are familiar with question 11e:
Quote:
Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?
Now, as the court said, if you have a marijuana use card, medical or otherwise, basic common sense tells us you are a user. If you are a user, you are an "unlawful user" as there is no such thing as legal marijuana use under federal law.
Also keep in mind, if you are a user answering, "no" to question 11e is a felony and carries a 5 year stint in Club Fed. The penalties can be worse for a FFL holder who knowingly sells a firearm to a prohibited individual.
Summing up, the facts are these:
- No court is likely to find question 11e a violation of a persons 2A rights.
- No court is likely to find marijuana's listing as a schedule 1 drug unconstitutional.
- No firearms dealer that wants to stay in business and out of jail is going to sell a firearm to a suspected drug user.
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Old 09-01-2016, 10:43 AM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

Quote:
Originally Posted by Mellon_Collie View Post
Its ok to drink and shoot your hunting partner in the rear but OMG if you are a medical marijuana card holder, you must have Reefer Madness... WTF
But IT'S NOT OK TO DRINK AND SHOOT.

Nice straw man but

It's wrong to drink and show up for work

It's also wrong to smoke pot and show up for work.

Legal or illegality aside, it is wrong to operate machinery, a car or a gun if you are chemically impaired.

PERIOD!

Oh wait, I forgot the new reality. You have to be convicted or it didn't happen.
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Old 09-01-2016, 10:59 AM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by FrancSevin View Post
But IT'S NOT OK TO DRINK AND SHOOT.

Nice straw man but

It's wrong to drink and show up for work

It's also wrong to smoke pot and show up for work.

Legal or illegality aside, it is wrong to operate machinery, a car or a gun if you are chemically impaired.

PERIOD!

Oh wait, I forgot the new reality. You have to be convicted or it didn't happen.
ADHD much? Oh don't give me that strew man crap when your just as guilty of it as anyone else. All your doing is deflecting the point that the ruling is a BS excuse to take gun right away.
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