View Full Version : Ohio removes right to own firearms for minor pot offense
Non-jailable, fine or 30 day max community service pot offense.
http://volokh.com/2011/07/23/the-second-amendment-and-people-who-have-past-minor-misdemeanor-no-jail-time-possible-marijuana-possession-convictions/
Thoughts? Agree, disagree?
GermanSynergy
07-25-11, 10:49
While I'm against illegal drug use, this goes too far down the slippery slope for my taste. Lifetime prohibition on gun ownership for misdemeanors is fundamentally un American.
QuietShootr
07-25-11, 10:50
For a misdemeanor? ****ing bullshit.
And no, since this is always the first accusation thrown when someone opposes something like this: I do NOT have any arrests for weed or anything else.
VooDoo6Actual
07-25-11, 11:03
and the hits just keep on coming....
It has nothing to do with narcotics imho...it's a brilliant angle by the gun control side to divide and conquer.
I know several guys that I went to high school with who smoked some dope back in the day and have ended up with great carreers / futures in the LE & Military.
Slipery slope indeed...anyone who agrees with this w/out some thought is falling into the trap. Beware of the man behind the curtain.
In Georgia, any drug misdemeanor will disqualify you for a Georgia Firearms License (CCW permit), but a violent misdemeanor does not.
In Georgia, any drug misdemeanor will disqualify you for a Georgia Firearms License (CCW permit), but a violent misdemeanor does not.
Well that makes sense :blink:
FromMyColdDeadHand
07-25-11, 12:42
So we are trying to decriminalize marijuana in some states and trying to increase the punishment in others. Brilliant.
Glad to see it's 100% against so far on this site...
QuietShootr
07-25-11, 13:51
Glad to see it's 100% against so far on this site...
It's early yet.
FromMyColdDeadHand
07-25-11, 14:14
What I'm especially against is when they go back and say this or that now precludes you from this or that- when that was not an issue when the actual infraction incured. It is almost like getting sentenced twice.
If fast is slow and slow is fast, pot heads will move to the front of the class.
I'm not taking pot for glaucoma, its to help me with my flinch.
I wonder if this can be challenged? I'm not a fan of drugs, but this is silly and goes too far.
woodandsteel
07-25-11, 14:46
Well, if you are a user in Ohio, I guess you could move to Oregon;
Oregon Medical Marijuana Users Are Entitled to Oregon Licenses to Carry Concealed Guns (Notwithstanding Federal Ban on Gun Possession by Illegal Drug Users)
http://www.theconstitutional.org/2011/05/20/oregon-medical-marijuana-users-are-entitled-to-oregon-licenses-to-carry-concealed-guns-notwithstanding-federal-ban-on-gun-possession-by-illegal-drug%C2%A0users/
ETA, I just thought that the reasoning behind the Oregon's Court decision was interesting. I wasn't trying to tell people in Ohio that they should move or anything like that.
It's a stupid law that needs to be changed . There are some very good 2nd Amendment advocacy groups in Ohio . I suspect that they will be working on this before long.
It's a stupid law that needs to be changed . There are some very good 2nd Amendment advocacy groups in Ohio . I suspect that they will be working on this before long.
Meanwhile a bunch of people will have their lives ruined with felony convictions while the pot thing is a predicate offense for felony unlawful possession of a firearm.
I am not for our current system where people lose fundamental human rights like the RKBA over past brushes with the law. The distinction between misdemeanor and felony is more and more arbitrary and meaningless as time goes by, and laws prohibiting violent criminals from having guns does not stop them from having them. This is just another step down that path to change "the right of the people to keep and bear arms" to "the right of certain squeeky clean boy scouts to keep and bear certain arms in places we are comfortable with them keeping and bearing them" which is not what our Founders intended.
Better to reform the legal system into focusing on controlling dangerous people and stop pretending we can stop dangerous people from getting weapons in a society where they are everywhere.
IIRC Ohio has also had several people convicted under their felony unlawful possession statute that had their out of state conviction set aside/expunged under the the laws of the convicting jurisdiction and Ohio courts upheld their convictions under the "reasoning" that the law made no exception for predicate offenses that had been expunged or set aside. The only means of restoration of your right to own a firearm in Ohio is to petition a court there. So there is more than one thing wrong with this law.
Easy , now.
My name's not Brady.
And it's still a stupid law.
Easy , now.
My name's not Brady.
And it's still a stupid law.
My post wasn't an attack on you. I just quoted it to say that while pro gun groups fix this issue, people's lives will be getting ruined as the State prosecutes them. Then I went on to pontificate about the futility of gun control in general and it's intellectually bankrupt nature, LOL.
The time to fix the law is as it is being drafted. Gun groups in Ohio dropped the ball in letting this ever become law.
I hope that the 2nd Amendment groups can fix the whole mess.
Drug use and guns are at odds at the federal level too. There is a question on the 4473 that could bar you from purchasing a gun. Lying on that document could be a lot more than a misdemeanor too.
VooDoo6Actual
07-25-11, 17:14
So we are trying to decriminalize marijuana in some states and trying to increase the punishment in others. Brilliant.
This.
Ridiculous! Unless it's a violent offender or mentally challenged, etc., I'm not for lifetime prohibition of firearms for anyone.
Belmont31R
07-25-11, 19:38
If the anti's had their way I bet guns could only be owned by less than 10% of the population.
With technology progressing the way it is every aspect of people's lives can be monitored, and they are coming out with finger print drug usage scanners. Your body puts off natural responses to certain drugs, and with chemical tests all it takes is a finger printer, scan, and with the right laws can be used against you.
Not to be tinfoilish but technology will give the government near unlimited means to press into people's lives. All it takes is a few laws and few court cases. We have been dealing with the NFA since the 30's, and all thats been done is not allowing us to register new machine guns. The left wants the terror watch list applied to NICS checks, UN treaty, technology that allows near instant drug scans, ect.
Studies I have seen put the number of people in the US who have used illegal drugs between HALF and 2/3rds.
FWIW never been a recreational drug user...been around people who were smoking it. Been into houses as a contractor with a distinct weed smell, and even quit on the spot after one job where people were smoking pot. Called my boss, and he said 'we don't care what our customers do'. Well I do, and think they should be legal but just the same I wouldn't do a job at a house with the customer drunk/passed out I wouldn't do a job with people high and smoking. Wouldn't employ someone, either, and have cut friendships off in the past because of it.
I don't particularly like the trend of criminalizing everything and even Holder wants his little no fly list to apply to gun checks, and that doesn't even go through a court. So they want to deny rights without any due process, and they have the technology now to make their [unconstitutional] case.
Suwannee Tim
07-25-11, 19:47
This is one of the reasons I guard my privacy. I cringe when I read vets talk about their PTSD, depression and such.
In Georgia, any drug misdemeanor will disqualify you for a Georgia Firearms License (CCW permit), but a violent misdemeanor does not.
If i absolutely have to cite for weed, (rare, but it does happen), i usually sent it through my municipal court as an ordinance violation. It's been awhile, though since I have had to do anything like that.
Hopefully it will be challenged and changed.
I do believe that with the younger generation taking over the coutry, marijuana will be completely legal in my lifetime. Many of the older people (much of the people running the country) have probably never tried it and believe marijuana is a hardcore drug.
But the majority of the younger generations of Americans have at least tried it before and know that marijuana probably has less effect on a person than alcohol.
So you smoke a lil' pot and can't own a gun but our current President and the 2 Presidents prior to him are admitted drug users and this isn't seen as a problem? Brilliant.
I think it's ridiculous.
So we are trying to decriminalize marijuana in some states and trying to increase the punishment in others. Brilliant.
It actually makes sense from a Constitutional stand point. It is a state's rights issue under the 10th Amendment and there is currently a bill up for vote for removing marijuana from the federal list of "controlled substances", HR 2306.
You can read more about it here. http://www.thenewamerican.com/usnews/politics/7995-ron-paul-bill-attacks-federal-marijuana-war And there's an M4C thread on the subject here. https://www.m4carbine.net/showthread.php?t=83588
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