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Posts Tagged marijuana
Fifth Circuit Says It’s Unconstitutional To Ban Pot Users From Gun Possession
From Ammoland:
The government tried to use laws from the founding era that disarmed people who felt they were dangerous. One example that was given is the banning of British Loyalists from having firearms. The judges rejected that argument, stating that the ban on marijuana users owning firearms would be more akin to the founders banning people who drank alcohol from owning guns. The judges pointed out that the founders drank copious amounts of alcohol. The judge stated the government may be able to prevent someone who is intoxicated from carrying a firearm. Still, Ms. Connelly was not under the influence of drugs at the time of the arrest and was not a dangerous person.
Marijuana Legalization Puts Gun Rights In Jeopardy
From The Truth About Guns:
As more states increasingly legalize the recreational use of marijuana—24 states according to CBS News currently do—the move has put gun owners who like to toke and can legally do so according to their state’s permittance into a legal conundrum when purchasing a firearm: How to honestly answer question 21(f) on ATF Form 4473 without committing perjury and leave the store with their firearm? The answer is, they can’t.
ATF Inspector Violated Their Authority To Deny Gun Purchase
From The Truth About Guns:
In a small, but significant example of more government overreach, an ATF Industry Operations Investigator violated the Second Amendment rights of a central Florida man last month when he ordered a gun dealer to halt a pistol sale because he believed the purchaser possibly smelled of marijuana.
Anti-Gunners Target SAFE Banking Act
From Bearing Arms:
The SAFE Banking Act seeks to address the issue by allowing marijuana businesses to participate in the financial industry like any other lawful business. Customers would thus be able to transact with marijuana businesses using credit cards and electronic payments, taking cash out of the equation and making transactions safer for both the businesses and their customers. This would result in fewer incidents of “gun violence,” which our friends in the gun control organizations purportedly care about.
Fifth Circuit Says Marijuana Users Are Equivalent To Alcohol Users During The Founding Era
From The Truth About Guns:
We must ask, in Bruen-style analogical reasoning, which is [defendant Patrick] Daniels more like: a categorically “insane” person? Or a repeat alcohol user? Given his periodic marihuana (sic) usage, Daniels is firmly in the latter camp. If and when Daniels uses marihuana, he may be comparable to a mentally ill individual whom the Founders would have disarmed. But while sober, he is like the repeat alcohol user in between periods of drunkenness. …
DOJ Defends Disarming Catholics In Marijuana Gun Case
From The Truth About Guns:
Now, in the case of US v. Harrison, the Justice Department has filed a brief arguing that laws disarming Catholics were righteous and serve as a valid historical analogue in support of the present-day ban on marijuana users possessing firearms.
Federal Judge In Oklahoma Rules Marijuana Users Have Right To Own Guns
From Reuters:
Feb 4 (Reuters) – A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year’s U.S. Supreme Court ruling that significantly expanded gun rights.
CBD and Guns
From The Truth About Guns:
People use these products to treat everything from epilepsy to arthritis. Despite its popularity, it’s very important to realize anything related to cannabis triggers potential criminal liability under both state and federal law.
Many people believe that if CBD oil is legal in their state, then they have nothing to worry about. Unfortunately, this is wrong. If you want to remain a legal gun owner, you should pause before you inhale or consume any product containing CBD oil.
If you’re using CBD oil as a treatment plan or have a medical marijuana prescription, you might inadvertently become classified as an unlawful user under federal law. If you are an unlawful user, you would no longer be legally eligible to purchase, own, possess, or transport firearms.
Oklahoma Protects Rights Of Medical Marijuana Users
From Bearing Arms:
The full Senate voted unanimously Wednesday to protect the Second Amendment rights of medical marijuana cardholders.
Senate Bill 959, authored by Sen. Nathan Dahm clarifies that anyone authorized to use medical marijuana would also be allowed to have a concealed carry permit.
Doc Denied Gun Because Of Medical Marijuana
From FEE:
After Roman, 33, indicated he’d like to purchase the small six-shooter, the clerk began to ask Roman a few questions, including if he possessed a medical cannabis card, pursuant to question 11e on the ATF’s 4473 form. Roman, who has no criminal history, told the clerk truthfully that he has a medical prescription for marijuana. Sorry, the clerk told him, no gun.
Republican Wants Weed Question Removed From Gun Form
From Guns.com:
Although marijuana is legal for adults in nines states, and as medical cannabis in 30, it remains listed as a highly-addictive and dangerous Schedule I drug with the federal government. It also shares the same designation as ecstasy, heroin, and LSD. This has resulted in the Bureau of Alcohol, Tobacco, Firearms and Explosives maintaining a status quo that any sale or possession of firearms by those who use marijuana, even if allowed by state law, remains criminal.
No Guns If You Have A Marijuana Card
From Reason.com:
Yesterday a federal appeals court ruled that banning gun sales to people who hold medical marijuana cards, whether or not they actually use marijuana, does not violate their Second Amendment rights. In reaching that conclusion, the U.S. Court of Appeals for the 9th Circuit relied on antiquated, scientifically unsupportable assumptions about the violent tendencies of cannabis consumers.