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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: 24416
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 # 77.
#1. To: Deckard (#0)
And this is from the 9th Circuit. Never thought they'd get it right.
Figures that you'd side with a liberal court. No doubt you are in favor of infringing on the second amendment rights of alcohol users as well, or maybe anyone who has a prescription for any kind of pharmaceutical pain medications.
The federal law bans the sale of firearms to illegal drug users. It says nothing about alcohol or prescription drugs.
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.”'
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.”' I don’t find that quote in the 9th CoA 29-page decision: Perhaps the author used quotation marks to convey emphasis. In any case, the 9th CoA held that the Second Amendment does not protect the rights of unlawful drug users to bear arms. Civil Rights The panel affirmed the district court’s dismissal of a complaint challenging the federal statutes, regulations, and guidance that prevented plaintiff from buying a gun because she possesses a Nevada medical marijuana registry card. The panel preliminarily held that plaintiff lacked standing to challenge 18 U.S.C. § 922(g)(3), which criminalizes possession or receipt of a firearm by an unlawful drug user or a person addicted to a controlled substance. Plaintiff had not alleged that she was an unlawful drug user or that she was addicted to any controlled substance. Nor had she alleged that she possessed or received a firearm. The panel further held that plaintiff’s remaining claims were not moot because she represented that she has routinely renewed her registry card. The panel held that plaintiff’s Second Amendment claims did not fall within the direct scope of United States v. Dugan, 657 F.3d 998 (9th Cir. 2011), which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms. Taking plaintiff’s allegations in her first amended complaint as true – that she chose not to use medical marijuana – the panel concluded that plaintiff was not actually an unlawful drug user. The panel held that 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to federal firearms licensees, which prevented plaintiff from purchasing a firearm, directly burdened plaintiff’s core Second Amendment right to possess a firearm. Applying intermediate scrutiny, the panel nevertheless held that the fit between the challenged provisions and the Government’s substantial interest of violence prevention was reasonable, and therefore the district court did not err by dismissing the Second Amendment claim. The panel rejected plaintiff’s claims that the challenged laws and Open Letter violated the First Amendment. The panel held that any burden the Government’s anti-marijuana and anti-gun-violence efforts placed on plaintiff’s expressive conduct was incidental, and that the Open Letter survived intermediate scrutiny. The panel held that the challenged laws and Open Letter neither violated plaintiff’s procedural due process rights protected by the Due Process Clause of the Fifth Amendment nor violated the Equal Protection Clause as incorporated into the Fifth Amendment. Plaintiff did not have a constitutionally protected liberty interest in simultaneously 4 WILSON V. LYNCH holding a registry card and purchasing a firearm, nor was she a part of suspect or quasi-suspect class. Finally, rejecting the claim brought under the Administrative Procedure Act, the panel agreed with the district court that the Open Letter was a textbook interpretative rule and that it was exempt from the Act’s notice-and-comment procedures.
Legitimate card-carrying medical marijuana users in a state where medical marijuana is legal are not "illegal drug users". Furthermore, those who consume marijuana recreationally in a state where such activity is legal are not breaking the law. You and the other statist clown here supporting this infringement of second amendment rights are indeed traitors, as tpaine has noted above.
They are "illegal drug users" when talking about a federal law and a federal restriction on the purchase of a gun. You can't spin the law to fit your personal agenda....no matter how hard you try.
There are none, you're imagining things. The Second Amendment prohibits any infringements whatsoever on the right of the people to keep and bear arms. Are you drunk and high, or what? If you think that you've got enough of a buzz going on, COME AND TAKE THEM!
There are none, you're imagining things. The Second Amendment prohibits any infringements whatsoever on the right of the people to keep and bear arms. " Since the Second Amendment prohibits infringements, I have to wonder why they ( The Fed's & their cheerleaders ) think they can infringe? Is it simply because " We say so " ?
The First Amendment does not protect one who shouts FIRE! in a crowded theater. The Second Amendment does not protect one who is a registered doper and user of illegal psychoactive drugs. 18 U.S.C. § 922(g)(3).
Unfortunately some folks become so Second Amendment radicalized that they are unable to understand laws rationally.
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.
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.
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".
As if anyone here gives a shit about "ATF Open Letters". The Court did in 2011 in Dugan. You would know if you read the Opinions of the real courts. But why bother wen you can just make up your own. In actual application, those imaginary patriot laws will get you every time. http://www.leg.state.nv.us/nac/NAC-453.html In Nevada, Marijuana is a state Schedule I controlled substance, found in part 4 between Lysergic acid diethylamide; and Mescaline. United States v. Dugan, 08-15079 (9th Cir. 20 Sept 2011) stated, "we uphold the statute against this Second Amendment challenge." The ATF stated that "if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have 'reasonable cause to believe' that the person is an unlawful user of a controlled substance," meaning "you may not transfer firearms or ammunition to the person." Perhaps she could have argued that she has cramps and goes crazy once a month unless she gets stoned. In Wilson, the 9th Circuit stated that, "in Dugan, we held that the Second Amendment does not protect the rights of unlawful drug users to bear arms, id.. at 999-1000, in the same way that it does not protect the rights of 'felons and the mentally ill,' Heller, 554 U.S. at 626-27." In light of the existing holding in Dugan, that violating Federal marijuana law by possessession/use made one ineligible to possess firearms, Ms. Wilson argued on appeal that she obtained a Medical Marijuana Card but did not use it. The question in Wilson became whether mere possession of a Medical Marijuana Card was sufficient to make one ineligible to possess firearms. The court said that it was. Wilson at 18-19: Because the degree of fit between 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter and their purpose of preventing gun violence is reasonable but not airtight, these laws will sometimes burden albeit minimally and only incidentally the Second Amendment rights of individuals who are reasonably, but erroneously, suspected of being unlawful drug users. However, the Constitution tolerates these modest collateral burdens in various contexts, and does so here as well. For instance, the Fourth Amendment allows an officer to burden an individual’s right to be free from searches when the officer has “reason to believe” the person is armed and dangerous, see Terry v. Ohio, 392 U.S. 1, 27 believe” standard of § 922(d). Moreover, as previously noted, there are various ways for individuals in Wilson’s position to minimize or eliminate altogether the burdens that 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter place on their Second Amendment rights. Accordingly, 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter survive intermediate scrutiny, and the district court did not err in dismissing Wilson’s Second Amendment claims.
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#2. To: misterwhite, tpaine, ConservingFreedom (#1)
And this is from the 9th Circuit. Never thought they'd get it right.
#3. To: Deckard (#2)
"No doubt you are in favor of infringing on the second amendment rights of alcohol users as well, or maybe anyone who has a prescription for any kind of pharmaceutical pain medications."
#4. To: misterwhite, Deckard (#3)
The federal law bans the sale of firearms to illegal drug users. It says nothing about alcohol or prescription drugs.
#8. To: ConservingFreedom, misterwhite, Deckard (#4)
The federal law bans the sale of firearms to illegal drug users. It says nothing about alcohol or prescription drugs.
S. ROWAN WILSON, Plaintiff-Appellant, v. LORETTA E. LYNCH, Attorney General; BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES; B. TODD JONES, as Acting Director of U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; ARTHUR HERBERT, as Assistant Director of U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and UNITED STATES OF AMERICA, Defendants- Appellees.
WILSON V. LYNCH SUMMARY
The suit and the decision was all about unlawful drug users. It was not about lawful and legal alcohol and prescription drug users.
#9. To: Gatlin (#8)
(Edited)
The suit and the decision was all about unlawful drug users. It was not about lawful and legal alcohol and prescription drug users.
#19. To: Deckard (#9)
Legitimate card-carrying medical marijuana users in a state where medical marijuana is legal are not "illegal drug users".
#20. To: Gatlin, buckeroo, tpaine, Deckard, *Bang List* (#19)
federal law and a federal restriction on the purchase of a gun
#22. To: hondo68 (#20)
(Edited)
" federal law and a federal restriction on the purchase of a gun
#26. To: Stoner, hondo68, Gatlin (#22)
Since the Second Amendment prohibits infringements, I have to wonder why they ( The Fed's & their cheerleaders ) think they can infringe?
#27. To: nolu chan (#26)
#32. To: Gatlin, nolu chan, misterwhite, tpaine (#27)
Unfortunately some folks become so Second Amendment radicalized that they are unable to understand laws rationally.
#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.
#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.
#77. To: tpaine, Chief Justice of the Imaginary Patriot Court, misterwhite, Gatlin (#52)
Poor nolu sham, up to his old spamming tricks.
Nonetheless, the degree of fit between 18 U.S.C. § 922(d)(3), 27 C.F.R. § 478.11, and the Open Letter and the aim of preventing gun violence is still reasonable, which is sufficient to survive intermediate scrutiny. The connection between these laws and that aim requires only one additional logical step: individuals who firearms dealers have reasonable cause to believe are illegal drug users are more likely actually to be illegal drug users (who, in turn, are more likely to be involved with violent crimes). With respect to marijuana registry cards, there may be some small population of individuals who although obtaining a marijuana registry card for medicinal purposes instead hold marijuana registry cards only for expressive purposes. But it is eminently reasonable for federal regulators to assume that a registry cardholder is much more likely to be a marijuana user than an individual who does not hold a registry card.
Replies to Comment # 77.
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