Medical Marijauna and 2nd amendment rights

[BugI02]

US Court Upholds Ban on Gun Sales to Marijuana Card Holders - ABC News

The enemies of the Constitution known as the 9th Circuit have been busy again. I personally feel this is more about finding an excuse to further restrict 2A rights rather than concerns about users of medical marijuana

"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."

Users may find the Libertarian platform becoming attractive since the ruling turns on mary jane not being legal at the federal level

"Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal."

Ya' think? Like how about "shall not be infringed"

 

[Thor]

I agree on the 'shall not be infringed' ring...however I also think their MJ 'card' should not infringe on my safety. Make it legal but make them responsible for the damage they do. If the penalty for their lack of control is equal to the damage they do to others it will become self controlling. If it's just a slap on the wrist for killing/maiming others then it is not a balanced or orderly freedom.

 

[BugI02]

I personally feel the same way about sharing the road with them (all users, not just medical). Not sure I want them flying planes or running nuclear reactors, either

 

[Tombs]

I'd rather someone handle a gun while high as a kite rather than handle a gun while 3-sheets to the wind, drunk.

 

[jbombelli]

I'd rather drunks and drug addicts not handle firearms at all. Or drive. Or do any number of things.

That said ... rights are rights, not privileges subject to revocation based on whether we like someone's lifestyle or not. Arm yourself, be competent in defending yourself, and be ready for stupid people doing stupid things. Be confident that you can take care of business instead of quaking in fear, and stop trying to turn rights into privileges.

 

[hoosierdoc]

is there a database of MJ card holders?

 

[Joe G]

Hold on.... So a Fed Court agrees that all of these States are violating Federal law, but do nothing against them or people who have these federally illegal MJ cards - unless you want to own a firearm which is Constitutionally protected?

 

[seedubs1]

Last I checked, murder and maiming others is already illegal. Remind me why we have pre-crime laws again???

 

[HoughMade]

Hold on.... So a Fed Court agrees that all of these States are violating Federal law, but do nothing against them or people who have these federally illegal MJ cards - unless you want to own a firearm which is Constitutionally protected?

Well, no, not exactly.

The federal government cannot force a state to have certain laws.
The federal government cannot force states to enforce federal laws.
The federal government can enforce its own laws, or choose not to as long as they do so with "equality" under the law.
The federal government is choosing to enforce its firearms/drug laws in at least one way- denying purchase of firearms to those who, through possession of a MJ card are admitting they partake. As long as there is uniform enforcement in this way, it's not illegal.

MJ legalization is not a constitutional rights issue and it has been so ruled numerous times. Want the law to change? Convince the legislature or where its applicable, use a referendum.

 

[KG1]

Here's the kicker. DOH!

Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization

 

[ATM]

I agree on the 'shall not be infringed' ring...however I also think their MJ 'card' should not infringe on my safety. Make it legal but make them responsible for the damage they do. If the penalty for their lack of control is equal to the damage they do to others it will become self controlling. If it's just a slap on the wrist for killing/maiming others then it is not a balanced or orderly freedom.

Last I checked, murder and maiming others is already illegal. Remind me why we have pre-crime laws again???

Pre-crime laws protect the right to safety by making existing illegal acts more illegaler (sometimes double or triple illegal) under some arbitrary circumstances.

Shooting a person while high is clearly worse than shooting a person while otherwise reckless, careless, negligent or just plain stupid.

 

[indiucky]

Here's the kicker. DOH!

Playboy has great articles.....Just sayin'.....

 

[seedubs1]

I feel safer now

Pre-crime laws protect the right to safety by making existing illegal acts more illegaler (sometimes double or triple illegal) under some arbitrary circumstances. Shooting a person while high is clearly worse than shooting a person while otherwise reckless, careless, negligent or just plain stupid.

 

[Jludo]

I agree on the 'shall not be infringed' ring...however I also think their MJ 'card' should not infringe on my safety. Make it legal but make them responsible for the damage they do. If the penalty for their lack of control is equal to the damage they do to others it will become self controlling. If it's just a slap on the wrist for killing/maiming others then it is not a balanced or orderly freedom.

Is that anywhere in contention? Are pot heads somewhere getting more lenient sentences because they were high??

 

[Jludo]

I personally feel the same way about sharing the road with them (all users, not just medical). Not sure I want them flying planes or running nuclear reactors, either

I'd much prefer meet a baked driver than a drunk driver on the road.
Can pilots have a drink on their off time?

 

[BugI02]

Yes, but they have different rules from drivers (DOT). 24 hours minimum between bottle and throttle and there is no (that is zero) allowable level of detection on a random

 

[HoughMade]

I'd much prefer meet a baked driver than a drunk driver on the road...

I prefer neither. Radical concept, I know.

 

[BugI02]

Pretty sure reactor operators are discouraged from using, too. Most especially in The Navy

 

[Jludo]

I prefer neither. Radical concept, I know.

I'd prefer I hit the lotto and retired to an island.

 

[BugI02]

I actually posted this story because I am disturbed by the precedent. The government has somehow accessed medical data and used it to deprive someone of their second amendment rights. What next, prohibitions if you have a scrip for pain killers or antidepressants?

Remember, give them an inch and they take your ruler