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http://azcapitoltimes.com/news/2016/...-card-holders/
"US court upholds ban on gun sales to marijuana card holders
By: The Associated Press August 31, 2016 , 3:07 pm
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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Well, it's the ninth soooo.......
I bet they'd construe a ban on the issuance of drivers licenses to medical marijuana users to be unconstitutional however.
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Last edited by jpmuscle; 07-04-17 at 05:09.
So much fail in that it's hard to even know where to start, but it does expose the fact that the Fed legal stance and the states that have decided enough is enough and taking on themselves to at least open it to medical uses are going to be bumping heads on all manner of fronts.
We could apply the same logic to the obvious one, alcohol, but alcohol is legal and cannabis on the fed level is not. Until that changes, it does seem to place the courts in something of a conflict.
- Will
General Performance/Fitness Advice for all
www.BrinkZone.com
LE/Mil specific info:
https://brinkzone.com/category/swatleomilitary/
“Those who do not view armed self defense as a basic human right, ignore the mass graves of those who died on their knees at the hands of tyrants.”
I don't understand why Sessions is deciding to bang heads over these changes either. I mean it's pretty clear the people want the Feds out of the marijuana situation. I have to wonder if he's doing that simply because it is technically illegal and maybe in 2020 Trump will say let's take it from the Feds and let the States do as they want in an effort to keep that potential voting segment away from the polls and/or reel in more Bernie types. I mean I just don't see this train running back up the track.
Appeals Court Judges = The New Partisan Senators
The bias and 'pull a rabbit out of a hat' decisions some of these judges are coming up with lately is nothing short of black robe magic.
I thought this was interesting. Sign of the times.
http://www.foxnews.com/us/2017/07/11...rnor-says.html
Nevada marijuana supply running low, state of emergency declared, governor says
Published July 11, 2017
Fox News
Nevada state officials have declared a state of emergency after many dispensaries reported that its recreational marijuana supply is running out. (AP)
Nevada state officials declared a state of emergency after stores that sell recreational marijuana reported that their supply is running out just less than two weeks after the drug went on sale legally.
“Based on reports of adult-use marijuana sales already far exceeding the industry’s expectations at the state’s 47 licensed retail marijuana stores and the reality that many stores are running out of inventory, the Department must address the lack of distributors immediately,” the Department of Taxation said in a statement. “Some establishments report the need for delivery within the next several days.”
Last edited by WillBrink; 07-11-17 at 11:07.
- Will
General Performance/Fitness Advice for all
www.BrinkZone.com
LE/Mil specific info:
https://brinkzone.com/category/swatleomilitary/
“Those who do not view armed self defense as a basic human right, ignore the mass graves of those who died on their knees at the hands of tyrants.”
98% Sarcastic. 100% Overthinking things and making up reasons for buying a new firearm.
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