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 courts 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 its reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.
Wilsons 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 dont get a gun, but if youre 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.
#13: misterwhite To: Deckard (#9)
They are to the federal government, and the federal government does the background check. Obviously, smoking dope is more important to these people than owning a gun. Their choice.
"Furthermore, those who consume marijuana recreationally in a state where such activity is legal are not breaking the law."
They're breaking federal law -- which is currently not being enforced by Obama.
misterwhite posted on 2016-09-01 13:38:46 Reply Private Reply
#14: tpaine 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 Reply Private Reply
#15: Logsplitter To: Deckard (#0)
Logsplitter posted on 2016-09-01 17:34:38 Reply Private Reply
#16: GrandIsland To: Deckard (#2)
GrandIsland posted on 2016-09-01 21:27:25 Reply Private Reply
#17: buckeroo To: GrandIsland (#16)
Yeah, but they loved to get drunk with rum and whiskey!
buckeroo posted on 2016-09-01 21:39:13 Reply Private Reply
#18: Gatlin To: ConservingFreedom (#11)
Nope, the court did not. The decision states nothing about alcohol or prescription drugs. It only addresses marijuana users and other illegal drug users. Alcohol and prescription drugs are not illegal drugs.
Read it again:
Gatlin posted on 2016-09-01 22:05:01 Reply Private Reply
#19: Gatlin To: Deckard (#9)
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.
Gatlin posted on 2016-09-01 22:09:25 Reply Private Reply
#20: Hondo68 To: Gatlin, buckeroo, tpaine, Deckard, *Bang List* (#19)
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!
Hondo68 posted on 2016-09-01 22:28:34 Reply Private Reply
#21: Gatlin To: hondo68 (#20)
Gatlin posted on 2016-09-02 00:45:00 Reply Private Reply
#22: Stoner To: hondo68 (#20)
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 " ?
Stoner posted on 2016-09-02 11:27:16 Reply Private Reply
#23: Gatlin To: hondo68 (#20)
When the Persian armies demanded that the Greeks surrender their weapons at the Battle of Thermopylae, King Leonidas I responded with this phrase. The Greek contingent held out for three days and then the Persian army TOOK THEIR WEAPONS.
COME AND GET THEM!
So much for that shitty motto .eh?
You really should try to understand what you copy and paste before you just copy and paste because it looks or sounds good..
Gatlin posted on 2016-09-02 11:59:42 Reply Private Reply
#24: tpaine To: Gatlin, outed as an anti-constitutionalist (#19)
Says gatlin, spinning the facts of 'the law' to suit his anti- constitutional agenda.
He should be ashamed, -- IF HE WAS AN AIR FORCE OFFICER. Obviously, he was not....
tpaine posted on 2016-09-02 12:51:55 Reply Private Reply
#25: nolu chan To: Deckard, Gatlin (#9)
Wilson v. Lynch, 14-15700 (9th Cir. 31 Aug 2016) serves to directly repudiate the drunk and stoned patriot claim to an inalienable right to drive and to keep and bear arms while drunk and/or stoned.
nolu chan posted on 2016-09-02 20:03:17 Reply Private Reply
#26: nolu chan To: Stoner, hondo68, Gatlin (#22)
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).
nolu chan posted on 2016-09-02 20:09:09 Reply Private Reply
#27: Gatlin To: nolu chan (#26)
Gatlin posted on 2016-09-02 20:31:18 Reply Private Reply
#28: Hondo68 To: nolu chan, 9th Rehab Clinic (#26)
An apt description of the 9th Circuit Court. Probably drunk too!
Hondo68 posted on 2016-09-02 20:32:38 Reply Private Reply
#29: tpaine To: nolu chan joins the anti-constitutionalists, Y'ALL (#26)
Nolu Chants "WE SAY SO".
"WE" comprising all the majority rule socialists like him.
tpaine posted on 2016-09-02 20:41:27 Reply Private Reply
#30: tpaine To: Gatlin, grandisland, nolu Chan, misterwhite, -- pussywhipped anti-constitutionalists (#27)
Unfortunately some folks become so Second Amendment pussywhipped that they are unable to understand the supreme law of the land rationally.
tpaine posted on 2016-09-02 20:46:20 Reply Private Reply
#31: Stoner To: tpaine (#30)
Stoner posted on 2016-09-02 20:59:13 Reply Private Reply
#32: Deckard 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.
Deckard posted on 2016-09-02 21:04:22 Reply Private Reply
#33: tpaine To: Deckard (#32)
But thanks for the ping...
tpaine posted on 2016-09-02 21:50:43 Reply Private Reply
#34: Gatlin To: Deckard (#32)
It is no punchline. But it is also not an unlimited right.
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.
Gatlin posted on 2016-09-02 21:58:42 Reply Private Reply
#35: Deckard To: tpaine (#33)
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.
Deckard posted on 2016-09-02 22:11:14 Reply Private Reply
#36: Deckard To: Gatlin (#34)
Backdoor Disarmament: Banning Sale of Firearms To Medical Marijuana Card Holders
Editors 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 dont ban alcoholics or prescription pill poppers from purchasing weapons, but Im 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.
Deckard posted on 2016-09-02 22:29:02 Reply Private Reply
#37: Gatlin To: Deckard (#35)
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 Circuits 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 ...
Gatlin posted on 2016-09-02 22:29:02 Reply Private Reply
#38: Deckard To: Gatlin (#37)
The point is - you are supporting a liberal court ruling that gun grabbers agree with.
What does that say about you?
Deckard posted on 2016-09-02 22:32:40 Reply Private Reply
#39: nolu chan To: Deckard, Gatlin, misterwhite, tpaine, Stoner (#32)
Wilson v. Holder, DCNV 2-11-cv-1679 (ORDER)
At 24:
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.
nolu chan posted on 2016-09-02 22:38:51 Reply Private Reply
#40: Gatlin To: Deckard (#38)
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.
Gatlin posted on 2016-09-02 22:39:54 Reply Private Reply
#41: buckeroo To: Gatlin (#40)
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.
buckeroo posted on 2016-09-02 22:52:03 Reply Private Reply
#42: tpaine To: Gatlin, Y'ALL, *Bill of Rights-Constitution* (#37)
S. Rowan Wilson cannot purchase a gun, --- that is the 9th Circuits 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.
tpaine posted on 2016-09-02 22:54:39 Reply Private Reply
#43: tpaine To: Gatlin claims, Use Medical Marijuana or Own a Gun? Americans Can't Do Both (#40)
This so-called man is bat-shit crazy. (and I have never used medical marijuana, -- never will)
tpaine posted on 2016-09-02 23:02:47 Reply Private Reply
#44: buckeroo To: tpaine (#43)
buckeroo posted on 2016-09-02 23:06:20 Reply Private Reply
#45: Gatlin To: buckeroo (#41)
But the fact remains that Americans can either use medical marijuana or own a gun....Americans can't legally do both.
Gatlin posted on 2016-09-02 23:08:54 Reply Private Reply
#46: Deckard To: tpaine (#42)
That's very likely.
Ninth Circuit Leading the Pack for Most Reversed
Deckard posted on 2016-09-02 23:15:25 Reply Private Reply
#47: buckeroo To: Gatlin (#45)
You are so full of HORSESHIT, you should get the fuck outta here and go back to the farm picking potatoes.
buckeroo posted on 2016-09-02 23:20:49 Reply Private Reply
#48: Deckard To: Gatlin (#40)
I bet had you been around in the 1800's, you would have supported slavery.
After all - "The Law is The Law".
Putz!
Deckard posted on 2016-09-02 23:20:53 Reply Private Reply
#49: tpaine To: Gatlin no (#45)
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.
tpaine posted on 2016-09-02 23:21:44 Reply Private Reply
#50: Gatlin To: Deckard (#46)
That's NOT very likely.
Gatlin posted on 2016-09-02 23:27:47 Reply Private Reply
#51: Gatlin To: buckeroo (#47)
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.
Gatlin posted on 2016-09-02 23:30:45 Reply Private Reply
#52: tpaine To: nolu chump (#39)
Poor nolu sham, up to his old spamming tricks.
As if anyone here gives a shit about "ATF Open Letters".
tpaine posted on 2016-09-02 23:32:55 Reply Private Reply
#53: buckeroo To: Gatlin (#51)
Who filled your head with SHIT? Yourself?
buckeroo posted on 2016-09-02 23:32:58 Reply Private Reply
#54: Gatlin To: Deckard (#48)
Asshole!
Gatlin posted on 2016-09-02 23:37:53 Reply Private Reply
#55: Gatlin To: buckeroo (#53)
Gatlin posted on 2016-09-02 23:42:29 Reply Private Reply
#56: buckeroo To: Gatlin (#54)
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.
buckeroo posted on 2016-09-02 23:44:45 Reply Private Reply
#57: buckeroo To: Gatlin (#55)
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.
buckeroo posted on 2016-09-02 23:47:37 Reply Private Reply
#58: tpaine To: Gatlin, any pride left, 'major'? (#50)
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.
tpaine posted on 2016-09-02 23:47:58 Reply Private Reply
#59: Gatlin To: Deckard (#48)
Nah, I would have supported laws like this:
Gatlin posted on 2016-09-02 23:49:41 Reply Private Reply
#60: Gatlin To: buckeroo (#57)
Yep, and they can pay the consequences for unlawful use thereof.
Gatlin posted on 2016-09-02 23:53:01 Reply Private Reply
#61: Gatlin To: buckeroo (#56)
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.
Gatlin posted on 2016-09-02 23:56:02 Reply Private Reply
#62: Hondo68 To: Gatlin, Fineswine Sharia Republican (#51)
McCain Republican Gatlin, ready for ISIS, ready to lick Hillary's boots.
Hondo68 posted on 2016-09-02 23:56:36 Reply Private Reply