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Title: US court upholds ban on gun sales to marijuana card holders
Source:
From The Trenches/ABC
URL Source: http://www.fromthetrenchesworldrepo ... -marijuana-card-holders/169305
Published: Sep 1, 2016
Author: ABC News
Post Date: 2016-09-01 10:13:01 by Deckard
Keywords: None
Views: 24435
Comments: 88
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 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, and the federal 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 said Congress reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.” The court also concluded that it’s reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug. Wilson’s attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal. “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.
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#32. To: Gatlin, nolu chan, misterwhite, tpaine (#27)
What's ironic is the so-called conservatives here siding with the 9th U.S. Circuit Court of Appeals, arguably the most liberal body of judges in America. You and the other clowns here fail to realize that this court is NOT concerned about marijuana users - this is a blatant end-run around the constitution. Apparently "shall not be infringed" is just a punchline for you and the other statist gun-grabbers here. Please try to make it clear that I am not among the "YOU" clowns that you're posting about.. But thanks for the ping...
It is no punchline. But it is also not an unlimited right. Justice Scalia wrote on the Second Amendment not being an unlimited right: “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…” Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. Federal law prohibits possession of firearms by any “unlawful user of or addicted to a controlled substance,” You can stamp your little feet, scream, cry and roll around the floor all you want to….but that will not change the laws.
Was not my intention to include you among the statists. I hope you know that by now. Those here who claim that federal law trumps state law are out of their minds, or worse - unwitting dupes for a liberal court. On every other ruling by this particular court, the same three or four posters would decry the decision as liberal. Now the court comes out with an obvious second amendment infringement and all of a sudden the 9th is making a constitutional ruling - at least according to the shrill, shrieking canary clan. They fail to realize that this is simply another attempt to ban guns. Backdoor Disarmament: “Banning Sale of Firearms To Medical Marijuana Card Holders” Editor’s Comment: I have often wondered if/when the softening on the War on Drugs would be used as a weapon of disarmament. This is an interesting ploy by the feds to use the move towards decriminalizing marijuana as a means of barring Second Amendment lovers from purchasing guns – since it will be argued that marijuana introduces a dangerous or ‘irrational and unpredictable’ element. Of course, they don’t ban alcoholics or prescription pill poppers from purchasing weapons, but I’m sure that many people would be interested in doing so if they could. The rise of Obamacare has also institutionalized medical snitching on patients. Whereas their data and personal information were once held sacred, today they are precious fragments in the age of data analysis, and federal reporting. If/when mental health patients confess to certain trigger words (i.e. feeling angry, violent, suicidal, anti-government, depressed, etc), doctors will flag patients as potentially dangerous. Felons are barred from purchasing, and that category is likely to expand – in the name of Sandy Hook, the Pulse nightclub and whatever else they roll out on the table. Doctors have been encouraged by executive order to ask patients about guns… and no doubt keep records on this special category of patients. Likewise, admitting to drug use (as one does by signing up for a medical marijuana list-database) will be used to flag patients as potentially unstable, dangerous and/or otherwise unfit for owning a gun. Put those altogether, and there is some pretty ripe potential for abuse, and broad platform to keep a wide gulf between the 2nd Amendment and the world that the U.S. population lives in – one that government sees as sick and needy, and in need of stern supervision and social intervention. This is the beginning of the bureaucratic end of our freedoms. That is your opinion, and you are entitled to that. But your opinion is just that….your opinion. Your opinion does not do diddly squat to let S. Rowan Wilson purchase a gun, while the 9th Circuit’s ruling does prevent her for purchasing a gun. That is the way it is….the law is the law. And you can do nothing about it except continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child….for whatever good it will do you. Have at it ...
That is the way it is….the law is the law. The point is - you are supporting a liberal court ruling that gun grabbers agree with. What does that say about you? You and the other clowns here fail to realize that this court is NOT concerned about marijuana users - this is a blatant end-run around the constitution. Apparently "shall not be infringed" is just a punchline for you and the other statist gun-grabbers here. Wilson v. Holder, DCNV 2-11-cv-1679 (ORDER) At 24: In her opposition brief, Plaintiff first asserts that “[t]he United States Constitution requires that whenever a governmental body acts to injure an individual, that act must be consonant with due process of law.” (Resp. 30:17–18, ECF No. 41.) Plaintiff concludes that Defendants’ determination that those persons that possess a registry card fit the definition of an “unlawful user of a controlled substance” deprives her of a right without adequate procedure. (Id. at 31:14–22.) However, Plaintiff fails to recognize that she must articulate a “constitutionally protected liberty or property interest” before her procedural due process claim may proceed. Therefore, Plaintiff’s discussion of any procedural inadequacies is insufficient to defeat Defendants’ Motion to Dismiss. Because Plaintiff cannot identify a constitutionally protected liberty or property interest, she cannot state a procedural due process claim and the Court must dismiss her claim with prejudice. At 26: Dang, and she was just that close to legalizing pot for menstrual cramps. Imaginary patriot law fails again. It looks like Deckard, Stoner and tpaine will just have to put up with their menstrual cramps.
The law is the law. If you don't like it, then work to get it changed. Pissing and moaning on LF is only pissing and moaning on LF....it will do nothing to change the situation. Use Medical Marijuana or Own a Gun? Americans Can't Do Both.
The law is a method of creating/extracting revenue streams. For government, revenue streams are called taxation or borrowing. Laws do little else; as an example: laws do not modify "common sense" or morality or ethical behaviour. But, you knew that.
That is the way it is….the law is the law. And you can do nothing about it except continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child….for whatever good it will do you. S. Rowan Wilson cannot purchase a gun, --- that is the 9th Circuit’s OPINION, -- which is NOT A LAW. Their opinion will be appealed, and odds are it will be rejected by the SCOTUS, as it will be comprised of conservatives nominated by TRUMP. And you can do nothing about it except continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child….for whatever good it will do you. However, if Hillary wins, you may get your socialistic wish, and gun control will become more strict. -- Be proud of your anti-constitutionalism, you pitiful boot licker.
This so-called man is bat-shit crazy. (and I have never used medical marijuana, -- never will)
Bat shit crazy? His head is a potatoe.
Say what you will. But the fact remains that Americans can either use medical marijuana or own a gun....Americans can't legally do both.
That's very likely. You are so full of HORSESHIT, you should get the fuck outta here and go back to the farm picking potatoes.
I bet had you been around in the 1800's, you would have supported slavery. After all - "The Law is The Law". Putz! Our bat shit potato head thinks the 9th circuit makes laws, an obvious symptom of his insanity. And as usual, he's too chickenshit to defend himself. -- Whatta mensch.
That's very likely. That's NOT very likely. Federal law labels marijuana an illegal "controlled substance." And in a unanimous 8-0 ruling, the high court ruled that patients with debilitating diseases who take the drug to relieve their pain would be doing so illegally. "Congress has made a determination that marijuana has no medical benefits worthy of an exception," Justice Clarence Thomas wrote in the opinion.
It is not horseshit. It is a fact that Americans can either use medical marijuana or own a gun. Americans can't legally do both.
Dang, and she was just that close to legalizing pot for menstrual cramps. Imaginary patriot law fails again. It looks like Deckard, Stoner and tpaine will just have to put up with their menstrual cramps. Poor nolu sham, up to his old spamming tricks. As if anyone here gives a shit about "ATF Open Letters".
Who filled your head with SHIT? Yourself?
You mean own slaves like the founding fathers Charles Carroll, Samuel Chase, Benjamin Franklin, Button Gwinnett, John Hancock, Patrick Henry, John Jay, Thomas Jefferson, Richard Henry Lee, James Madison, Charles Cotesworth Pinckney, Benjamin Rush, Edward Rutledge and George Washing did? Asshole!
This is not horseshit:
What was wrong with explicitly owning slaves based on the US Constitution? Today we are implicitly owned as slaves to the US government; we are ALL tax slaves as a ruthless US government attempts a fascist government to create some sort of equality concept. So, your leftist argument is meaningless.
So what? Court rulings do not modify human behaviour in the USA. Marijuana is a weed that thrives in the USA. Citizens will use marijuana any way they want.
Justice Clarence Thomas wrote that in an opinion, but his opinion did not change the 2nd Amendment, -- nor did it change any reasonable regulations regarding the use or possession of firearms by 'mentally challenged' individuals. -- If you have any pride left, you'll stop pretending you have me on bozo, and defend your anti-constitutionalism like a man. -- But I'll bet you can't. Under the Commerce Clause of the US Constitution, Congress may criminalize any damn thing they want to, --- and to see a so- called conservative accept that unconstitutional opinion makes me sick. Your socialistic slips are sure showing tonite, princess.
Nah, I would have supported laws like this:
Yep, and they can pay the consequences for unlawful use thereof.
I made no argument. I was merely asking a question. And if you want to consider yourself a slave to the U.S. government, then I make no argument against that.
Americans can't legally do both. McCain Republican Gatlin, ready for ISIS, ready to lick Hillary's boots. So what? You are arguing HORSESHIT because court rulings do not modify human behaviour in the USA. Please don't SHIT all over yourself, sarge; as an opinion, yukon won't find you as attractive in the bed.
Are you sure you are up to an all nighter argument? 'Cause you don't know SHIT about the cultivation of God's green acres for FREE. Wanna play w/me?
You are totally correct in this one case, Bucky....there is absolutely nothing that will ever modify your atrocious behavior.
Nah, you can continue to PLAY with YOURSELF! Are you still using that old picture of Hillary?
Sarge ... err, mr. potatoehead, of course you will backdown. You can't backup your own opinions. I have often argued that yukon made you a coward ... of course, you remember the "good ol' days" with that guy, correct?
No, I don't remember. But you have an eternal fascination with them. You constantly have him on your mind.
Comments (73 - 88) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestUnfortunately some folks become so Second Amendment radicalized that they are unable to understand laws rationally.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#33. To: Deckard (#32)
#34. To: Deckard (#32)
Apparently "shall not be infringed" is just a punchline …
#35. To: tpaine (#33)
(Edited)
Please try to make it clear that I am not among the "YOU" clowns that you're posting about..
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#36. To: Gatlin (#34)
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#37. To: Deckard (#35)
Now the court comes out with an obvious second amendment infringement ...
#38. To: Gatlin (#37)
Your opinion does not do diddly squat to let S. Rowan Wilson purchase a gun, while the 9th Circuit’s ruling does prevent her for purchasing a gun.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#39. To: Deckard, Gatlin, misterwhite, tpaine, Stoner (#32)
What's ironic is the so-called conservatives here siding with the 9th U.S. Circuit Court of Appeals, arguably the most liberal body of judges in America.
The relevant portion of the Fifth Amendment provides that “No person shall . . . be deprived of life, liberty, or property, without due process of law . . . .” U.S. Const. amend. V. To successfully allege a procedural due process claim, plaintiffs must provide sufficient facts establishing the plausible existence of two elements: “(1) a deprivation of a constitutionally protected liberty or property interest, and (2) a denial of adequate procedural protections.” Brewster v. Bd. of Educ. of Lynwood Unified Sch. Dist., 149 F.3d 971, 982 (9th Cir. 1998). The Court need not reach the second element because Plaintiff has not alleged that Defendants deprived her of a constitutionally protected liberty or property interest. See Bd. of Regents v. Roth, 408 U.S. 564, 569 (holding that adequate procedural protections are required only when the plaintiff has been deprived of a liberty or property interest).
However, although the use of marijuana for medical purposes may not violate Nevada state law, this same use is still prohibited under federal law. See e.g., 21 U.S.C. § 844(a) (prohibiting possession of controlled substances); see also ATF Open Letter (stating that “[t]he Federal government does not recognize marijuana as a medicine”). The fact remains that, by "follow[ing] state laws for the obtainment of treatment for her medical condition," (Resp. 33:12-16), she is pursuing a course of treatment that violates federal law.
#40. To: Deckard (#38)
(Edited)
#41. To: Gatlin (#40)
The law is the law.
#42. To: Gatlin, Y'ALL, *Bill of Rights-Constitution* (#37)
(Edited)
Your opinion does not do diddly squat to let S. Rowan Wilson purchase a gun, while the 9th Circuit’s ruling does prevent her for purchasing a gun.
#43. To: Gatlin claims, Use Medical Marijuana or Own a Gun? Americans Can't Do Both (#40)
Use Medical Marijuana or Own a Gun? Americans Can't Do Both
#44. To: tpaine (#43)
#45. To: buckeroo (#41)
#46. To: tpaine (#42)
Their opinion will be appealed, and odds are it will be rejected by the SCOTUS
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#47. To: Gatlin (#45)
But the fact remains that Americans can either use medical marijuana or own a gun....Americans can't legally do both.
#48. To: Gatlin (#40)
The law is the law.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#49. To: Gatlin no (#45)
Bat shit crazy? His head is a potatoe. --- buckeroo
Say what you will. -- But the fact remains that Americans can either use medical marijuana or own a gun....Americans can't legally do both.---- Gatlin
#50. To: Deckard (#46)
Their opinion will be appealed, and odds are it will be rejected by the SCOTUS
The Supreme Court declined to make an exception that would legalize the medical use of marijuana under federal law.
#51. To: buckeroo (#47)
You are so full of HORSESHIT ...
#52. To: nolu chump (#39)
see also ATF Open Letter (stating that “[t]he Federal government does not recognize marijuana as a medicine”). The fact remains that, by "follow[ing] state laws for the obtainment of treatment for her medical condition," (Resp. 33:12-16), she is pursuing a course of treatment that violates federal law.
#53. To: Gatlin (#51)
It is a fact that Americans can either use medical marijuana or own a gun.
#54. To: Deckard (#48)
#55. To: buckeroo (#53)
Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the US Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if states approve its use for medicinal purposes.
#56. To: Gatlin (#54)
You mean own slaves like the founding fathers Charles Carroll, Samuel Chase, Benjamin Franklin, Button Gwinnett, John Hancock, Patrick Henry, John Jay, Thomas Jefferson, Richard Henry Lee, James Madison, Charles Cotesworth Pinckney, Benjamin Rush, Edward Rutledge and George Washing did?
#57. To: Gatlin (#55)
Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the US Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if states approve its use for medicinal purposes.
#58. To: Gatlin, any pride left, 'major'? (#50)
(Edited)
Congress has made a determination that marijuana has no medical benefits worthy of an exception," Justice Clarence Thomas wrote in the opinion.
This is not horseshit: ---- Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the US Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if states approve its use for medicinal purposes.
#59. To: Deckard (#48)
I bet had you been around in the 1800's, you would have supported slavery.
Act May 10, 1800, 2 Stat. 70 (prohibits the voluntary service of an American citizen on board of an American or foreign vessel on a voyage commenced with the intent of carrying slaves from one foreign country to another, though no slaves have been received on board.)
#60. To: buckeroo (#57)
Marijuana is a weed that thrives in the USA. Citizens will use marijuana any way they want.
#61. To: buckeroo (#56)
So, your leftist argument is meaningless.
#62. To: Gatlin, Fineswine Sharia Republican (#51)
Castle(C), Stein(G), Johnson(L)
#63. To: Gatlin (#60)
Yep, and they can pay the consequences for unlawful use thereof.
#64. To: buckeroo (#57)
Marijuana is a weed that thrives in the USA.
#65. To: buckeroo (#57)
Marijuana is a weed that thrives in the USA.
#66. To: buckeroo (#57)
Marijuana is a weed that thrives in the USA.
#67. To: buckeroo (#57)
Marijuana is a weed that thrives in the USA.
#68. To: Gatlin (#67)
#69. To: buckeroo (#63)
... because court rulings do not modify human behaviour in the USA.
#70. To: buckeroo (#68)
(Edited)
Wanna play w/me?
#71. To: Gatlin (#70)
#72. To: buckeroo (#71)
of course, you remember the "good ol' days" with that guy, correct?
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