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.
#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
#63: buckeroo To: Gatlin (#60)
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.
buckeroo posted on 2016-09-02 23:58:49 Reply Private Reply
#64: Gatlin To: buckeroo (#57)
Gatlin posted on 2016-09-03 00:00:10 Reply Private Reply
#65: Gatlin To: buckeroo (#57)
Gatlin posted on 2016-09-03 00:01:17 Reply Private Reply
#66: Gatlin To: buckeroo (#57)
Gatlin posted on 2016-09-03 00:02:43 Reply Private Reply
#67: Gatlin To: buckeroo (#57)
Gatlin posted on 2016-09-03 00:04:06 Reply Private Reply
#68: buckeroo To: Gatlin (#67)
Wanna play w/me?
buckeroo posted on 2016-09-03 00:06:34 Reply Private Reply
#69: Gatlin To: buckeroo (#63)
You are totally correct in this one case, Bucky....there is absolutely nothing that will ever modify your atrocious behavior.
Gatlin posted on 2016-09-03 00:11:32 Reply Private Reply
#70: Gatlin To: buckeroo (#68)
Nah, you can continue to PLAY with YOURSELF!
Are you still using that old picture of Hillary?
Gatlin posted on 2016-09-03 00:12:48 Reply Private Reply
#71: buckeroo To: Gatlin (#70)
I have often argued that yukon made you a coward ... of course, you remember the "good ol' days" with that guy, correct?
buckeroo posted on 2016-09-03 00:18:11 Reply Private Reply
#72: Gatlin To: buckeroo (#71)
No, I don't remember.
But you have an eternal fascination with them.
You constantly have him on your mind.
Gatlin posted on 2016-09-03 00:20:28 Reply Private Reply
#73: buckeroo To: Gatlin (#72)
Not true. You do. Remember, you are the President of the Kanary Klub now that yukon has been isolated into oblivion.
buckeroo posted on 2016-09-03 00:32:22 Reply Private Reply
#74: Gatlin To: buckeroo (#73)
Check your posts to see how many times you have made reference to Yukon....and then check my posts.
You constantly mention Yukon....you let me know if you find that I did one time.
Get real...
Gatlin posted on 2016-09-03 00:39:44 Reply Private Reply
#75: buckeroo To: Gatlin (#74)
you have emulated yukon well, with your bearing AND weak-kneeded bravadoe to make the claim of being in the Kanary Klub Klan.
buckeroo posted on 2016-09-03 00:47:21 Reply Private Reply
#76: Deckard To: Gatlin (#67)
Save the planet Al Gore!
Deckard posted on 2016-09-03 01:44:25 Reply Private Reply
#77: nolu chan To: tpaine, Chief Justice of the Imaginary Patriot Court, misterwhite, Gatlin (#52)
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:
nolu chan posted on 2016-09-03 02:54:24 Reply Private Reply
#78: nolu chan To: tpaine, Gatlin (#42)
18 U.S.C. § 922(g)(3) is a LAW. It has been upheld as constitutional within the Second Amendment in five (5) circuits.
United States v. Carter, 4th Cir. 12-5045, 750 F.3d 462, 470 (2014)
That's the 4th, 7th, 8th, 9th, and 10th Circuits that agree and say your patriotic nonsense is just bullshit, so continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child .for whatever good it will do you.
nolu chan posted on 2016-09-03 03:22:34 Reply Private Reply
#79: tpaine To: nolu chan, y'all (#78)
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.
Well, at least your admit that my position on this issue is patriotic... ---- Which makes your position anti-constitutional and UNPATRIOTIC.
And as you know, the opinions of ALL those circuit courts are reversible by a conservative SCOTUS, which Trump will nominate.
tpaine posted on 2016-09-03 19:34:54 Reply Private Reply
#80: nolu chan To: tpaine (#79)
And as you know, a case is not ripe for SCOTUS to grant cert when all the courts below are in agreement and there is no dispute.
18 U.S.C. § 922(g)(3) is a LAW. It has been upheld as constitutional within the Second Amendment in five (5) circuits.
United States v. Carter, 4th Cir. 12-5045, 750 F.3d 462, 470 (2014)
That's the 4th, 7th, 8th, 9th, and 10th Circuits that agree and say your patriotic nonsense is just bullshit, so continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child .for whatever good it will do you.
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."
The court seems to have had you in mind when it considered the 2nd Amendment rights of the mentally ill.
nolu chan posted on 2016-09-03 20:21:27 Reply Private Reply
#81: tpaine To: nolu sham is severely disturbed, as evidenced by his anti-constitutional postings (#80)
For the last several months, your posts have become increasingly erratic, probably due to your realization that Hillary will not win.
Do us all a favor, and seek help, before you have a major hissy fit.
tpaine posted on 2016-09-03 22:43:10 Reply Private Reply
#82: Deckard To: nolu chan, tpaine (#80)
I guess that means that you are in favor of those who seek treatment for mental issues such as depression having their second amendment rights stripped away and their guns confiscated.
Attaboy Hillary!
Does that extend to Veterans with PTSD or just anyone who has sought help from a physician?
Deckard posted on 2016-09-03 23:14:30 Reply Private Reply
#83: nolu chan To: yukon (#81)
nolu chan posted on 2016-09-04 19:43:03 Reply Private Reply
#84: nolu chan To: Deckard (#82)
I am in favor of you getting all the help you can get. You have demonstrated your dire need.
nolu chan posted on 2016-09-04 19:43:59 Reply Private Reply
#85: Hondo68 To: Deckard, tpaine, nolu chan, Concentration Camps, no guns 4 u (#82)
You WILL be assimilated, comrade!
Hondo68 posted on 2016-09-04 20:24:58 Reply Private Reply
#86: nolu chan To: hondo68 (#85)
18 U.S.C. § 922(g)(3) is a LAW. It has been upheld as constitutional within the Second Amendment in five (5) circuits by every reviewing court.
United States v. Carter, 4th Cir. 12-5045, 750 F.3d 462, 470 (2014)
That's the 4th, 7th, 8th, 9th, and 10th Circuits that agree and say your patriotic nonsense is just bullshit, so continue to stamp your feet, scream, cry and roll on the floor like a little spoiled child .for whatever good it will do you.
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." That's the 9th Circuit and SCOTUS.
Wingnuts, faux patriots, and dopers naturally conclude that every court in five circuits and the U.S. Supreme Court are all wrong.
Read imaginary patriot law, rely upon imaginary patriot law, act upon imaginary patriot law regarding the inalienable right to get stoned, and then complain about what the real court does to you. It's the faux patriot way.
nolu chan posted on 2016-09-04 20:44:53 Reply Private Reply
#87: Gatlin To: ALL (#86)
Gatlin posted on 2016-09-04 21:46:34 Reply Private Reply