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Gun Control/2nd Amendment Discuss U.S. Circuit Court of Appeals: No Smoking and Shooting at the General Forum; Its ok to drink and shoot your hunting partner in the rear but OMG if you are a medical marijuana ...

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Old 08-31-2016, 04:16 PM
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Default U.S. Circuit Court of Appeals: No Smoking and Shooting

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

Quote:
US court upholds ban on gun sales to marijuana card holders

By SUDHIN THANAWALA
Associated Press

SAN FRANCISCO (AP) - A federal government 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 tried to buy a firearm in 2011 after obtaining a medical marijuana card.

The gun store refused, citing the federal rule on the sale of firearms to illegal drug users.

Marijuana remains illegal under federal law, and the Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.

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.

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.

The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson.

An email to Wilson's attorney was not immediately returned.
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Old 08-31-2016, 05:05 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

And all the federal government has to do is make alcohol and cigarettes illegal, and those card carrying smokers and drinkers---OH! The inhumanity!

Sarcasm and government bullsh*t alert!

Last edited by Manitou; 08-31-2016 at 05:15 PM..
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Old 08-31-2016, 06:05 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

Here's the problem...

Having a card for medicinal marijuana is STATE REGULATED...The fact that some states have Ok'd medicinal marijuana actually goes AGAINST federal law that marijuana is still illegal...

If someone has a state marijuana card, it's reasonable that the person is smoking marijuana...which is an admission to breaking federal law...
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Old 08-31-2016, 07:44 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
Here's the problem...

Having a card for medicinal marijuana is STATE REGULATED...The fact that some states have Ok'd medicinal marijuana actually goes AGAINST federal law that marijuana is still illegal...

If someone has a state marijuana card, it's reasonable that the person is smoking marijuana...which is an admission to breaking federal law...
Smoking a joint isn't a felony, and breaking the law doesn't instantly remove your right to bare arms. Now if you commit a felony then sure no guns for you, but if the standard is going to be raised to include misdemeanors then include all misdemeanors. It a B.S. ruling that can be used to restrict firearms even more in states with legal recreational usage laws.
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Old 08-31-2016, 08:34 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

Quote:
Originally Posted by cnredd View Post
Here's the problem...
Having a card for medicinal marijuana is STATE REGULATED...The fact that some states have Ok'd medicinal marijuana actually goes AGAINST federal law that marijuana is still illegal...
If someone has a state marijuana card, it's reasonable that the person is smoking marijuana...which is an admission to breaking federal law...
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?


Other examples where the person is on a terrorist watch list, and you think that guy should get to buy firearms.
But a medical marijuana card is enough to justify removing rights?!?


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.
WTF!?!?!

Let's get some perspective here...
One large group of studies showed that over one third of firearm violence decedents had acutely consumed alcohol and over one fourth had heavily consumed alcohol prior to their deaths. Another large group of studies showed that alcohol was significantly associated with firearm use as a suicide means. Two controlled studies showed that gun injury after drinking, especially heavy drinking, was statistically significant among self-inflicted firearm injury victims. A small group of studies investigated the intersection of alcohol and firearms laws and alcohol outlets and firearm violence.
Alcohol Use and Firearm Violence. - PubMed - NCBI
ACTUAL RISK from alcohol, but legal.
And there are many who think having firearms in a bar is a great idea...

I can't find an equivalent study for marijuana and guns.
Probably because marijuana is illegal most places, ergo inherently inhibiting such a long-term analysis in the first place.
But I can show you this...
Study: Marijuana legalization doesn't increase crime | MSNBC
A study looking at the legalization of medical marijuana nationwide, published late last month in the journal PLOS ONE, found that the trend holds: Not only does medical marijuana legalization not correlate with an uptick in crime, researchers from the University of Texas at Dallas argue it may actually reduce it.
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Last edited by foundit66; 08-31-2016 at 08:45 PM..
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Old 08-31-2016, 08:42 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

Quote:
Originally Posted by cnredd View Post
Here's the problem...

Having a card for medicinal marijuana is STATE REGULATED...The fact that some states have Ok'd medicinal marijuana actually goes AGAINST federal law that marijuana is still illegal...

If someone has a state marijuana card, it's reasonable that the person is smoking marijuana...which is an admission to breaking federal law...
Dude get over it. Most people really don't care if someone smokes pot. The people that are concerned if people smoke pot are the people that concern me. They seem to be righteous overly so and demanding submission because they are so good. Just like in the day in absolute bigotry of reefer madness.
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Damn shame it couldn't have been a father / son event. IMHO.
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Old 08-31-2016, 08:46 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by Mellon_Collie View Post
Smoking a joint isn't a felony, and breaking the law doesn't instantly remove your right to bare arms.
Breaking CERTAIN federal laws DO "remove your right to bare arms"...

From the OP...

Quote:
The gun store refused, citing the federal rule on the sale of firearms to illegal drug users.
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Old 08-31-2016, 08:48 PM
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Default Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

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Originally Posted by winston53660 View Post
Dude get over it. Most people really don't care if someone smokes pot.
If that were really true, the federal law would be changed...

Law is law...AS LONG AS laws remain unchanged, they have to be adhered to...
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Old 08-31-2016, 08:54 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
If that were really true, the federal law would be changed...

Law is law...AS LONG AS laws remain unchanged, they have to be adhered to...
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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 08-31-2016, 08:56 PM
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Post Re: U.S. Circuit Court of Appeals: No Smoking and Shooting

Quote:
Originally Posted by cnredd View Post
If that were really true, the federal law would be changed...
Are you for freakin' real right now?
From the crowd of "the gubmint can't do nuthin right" comes a refrain of "But government knows best!" when it suits your purposes...

Good thing you trust your government to know what's best for you.


Quote:
Originally Posted by cnredd View Post
Law is law...AS LONG AS laws remain unchanged, they have to be adhered to...
That's not in question.
The constitutionality of the law is.

One of the things that amazes me about this is how infringing upon rights typically requires a show for a "legitimate state interest".
There are varying levels of requirements.
The lowest basically requires you show that there is an underlying idea, but you don't have to really prove it and you don't really have to demonstrate it's a legitimate justification.
The highest level requires that you demonstrate a strong link to the justification and the implementation be strongly tied to its end.

But I guess if you're content with them using a lower level justification for THIS issue, it shouldn't bug you when the same thing happens for OTHER restrictions on gun control...
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