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U.S. Constitution
See other U.S. Constitution Articles

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: 26564
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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Begin Trace Mode for Comment # 7.

#6. To: Deckard (#0)

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.”

Good on the 9th Circuit. The irrational and unpredictable behavior by marijuana smokers is something that needs to be dealt with.

Florida has a way of dealing with the problem, the Baker Act.

The Baker Act is a Florida state law where people who appear to be “mentally ill” are are forced to go to a psychiatric hospital because they, apparently, pose a danger to themselves and/or others.

It is in the name of “public safety” that they are involuntarily committed due to their recent display of irrational behavior. Many young people are being institutionalized after smoking marijuana, due to adverse effects. It has been found that marijuana can be laced with phencyclidine, otherwise known as PCP. With low doses one can expect a change in body awareness, numbness of the extremities and poor muscular coordination. However, higher doses can produce hallucinations, seizures, paranoia, disordered thinking and garbled speech. At the extreme, catatonia and death are possible.

Imagine smoking marijuana and being unaware it is laced with PCP and experiencing one of the schizophrenic-type symptoms mentioned above. Even worse, imagine being picked up by the police and taken to a psychiatric hospital because of your schizophrenic-like behavior. What would happen to you next?

Upon arrival at a psychiatric hospital, staff will observe your irrational behavior and will admit you. Once committed and depending on how much PCP was ingested, it is possible that one could become violent or suicidal in such a restricted environment. In any case, by law you can be detained for seventy-two hours whether you like it or not.

As a Florida resident you have legal rights and should be informed of those rights upon arrival, but those may be conveniently overlooked due to the incoherent irrational behavior. Immediate treatment would be the top priority instead. That could mean mind-altering drugs with potentially catastrophic side effects just to calm you down. Or perhaps ECT, otherwise known as electroshock, would be deemed necessary. In either case, unnecessary psychiatric treatment would result because it was never known that PCP was the cause of all the patient’s symptoms of “mental illness.”

Another thing to be aware of is that marijuana joints can be dipped in embalming fluid for the purpose of making the joint last longer. Again, one may or may not know about this additive, but more than likely one would not know about its side effects which are similar to those of PCP.

Embalming fluid is made up of formaldehyde and ethyl alcohol. If it is sold on the street it could contain PCP as well. Its short-term side effects are anger, frustration, depression, hallucinations or delusions, paranoia, impaired vision and violence to name a few. Clearly, a marijuana user exhibiting these side effects out in public could be a candidate for the Baker Act. A person could wind up in a psychiatric hospital for the wrong reasons and be detained there under the seventy-two hour rule.

A young man was brought to a psychiatric emergency room that was naked, disoriented, psychotic, confused, hearing voices and hallucinating. He wasn’t coherent enough to say that he had smoked marijuana combined with tea leaves soaked in embalming fluid. Luckily he was re-evaluated the following morning and all his “psychiatric” symptoms were gone because the side effects of the embalming fluid had worn off. This is just one example of marijuana use resulting in an unnecessary situation that could have had dangerous and damaging consequences.

Psychiatrists will tell you that your brain needs to be balanced with psychotropic drugs to control that undesirable behavior but that has not been proven by any valid medical test. Such things as toxins, allergens and even sugar in children can cause non- optimum behavior, all which have nothing to do with the brain. One only needs to find that external cause, not the theoretical non-scientific internal one.

Every seventy-five seconds someone in the United States is involuntarily committed, so it would be smart to do your homework so that you don’t wind up becoming part of that statistic. The more informed you are, the less likely you will wind up under psychiatric care for no reason.

http://www.cchrflorida.org/how-the-baker-act-affects-marijuana- users/.

Get the marijuana smokers with irrational and unpredictable behavior off the streets and into a place where they can get help to return to a normal life.

Gatlin  posted on  2016-09-01   11:37:53 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Gatlin, misterwhite, --- Deckard, conservingfreedom (#6)

misterwhite, gatlin, claim: -- The federal law bans the sale of firearms to illegal drug users. It says nothing about alcohol or prescription drugs.

Gatlin, --- Good on the 9th Circuit. The irrational and unpredictable behavior by marijuana smokers is something that needs to be dealt with.

But the court did: '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.”' ---- ConservingFreedom

Anyone that supports this court OPINION is engaging in an anti-constitutional activity, and should be treated as an enemy of our republic.

Gatlin and misterwhite have finally outed themselves as 'domestic enemies'.

tpaine  posted on  2016-09-01   12:25:23 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 7.

#12. To: tpaine, gatlin, PCP kool-aid, LSD, deckard (#7)

It has been found that marijuana can be laced with phencyclidine, otherwise known as PCP.

Gatlin's coffee can be laced with LSD. Stay tuned.

A lot of things are possible, but what's real? Not Gatlin's posts, that's for sure!

Former Governor of Florida, on the lookout for weed smokers

Hondo68  posted on  2016-09-01 13:10:22 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#14. To: Gatlin, misterwhite, --- ADMIT BY DEFAULT THAT THEY ARE DOMESTIC ENEMIES (#7)

Anyone that supports this court OPINION is engaging in an anti- constitutional activity, and should be treated as an enemy of our republic.

Gatlin and misterwhite have finally outed themselves as 'domestic enemies'....

tpaine  posted on  2016-09-01 15:25:50 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 7.

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