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    Permalost's Avatar
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    Medical Cannabis Patients Banned from Buying Firearms

    Link: http://abcnews.go.com/US/wireStory/u...-card-41778814

    About a week ago, the 9th circuit court ruled that a federal ban on the sale of guns to medical cannabis card holders does not violate the Second Amendment. Since cannabis is federally illegal, and people who use illegal substances can't be sold firearms, and its reasonable to presume a medical marijuana cardholder uses marijuana, it is a simple logical flowchart to see their decision process. But throwing nuance out the window and tossing out states rights in favor of pointless scaremongering is the wrong move. I'd like to see any data they have backing up their notion that cannabis patients are more likely to commit gun violence.

    I work in the legal cannabis industry in California, where such a card is a condition of my employment. So, it looks like I won't be getting the hunting rifle I was going to pick up this weekend, or any firearms in the future, despite my lack of criminal record. I work face to face daily with patients of all ages, walks of life, political preferences etc, and the court's view that these people shouldn't be allowed to arm themselves like other Americans shows a lot of ignorance to who's using the stuff. Our more conservative patients have been complaining about the decision all week, complete with the "cold, dead hands" rhetoric.

    Speaking of which: Do you think the NRA will stand against this disarming of a large part of the Western populace for arbitrary reasons? Haven't heard anything yet.

    Do you think their decision is constitutional? To me, its like saying no one over 21 can legally buy a gun, because they have a card that says they can buy alcohol and therefore must be blackout drunk 24/7. That's just silly though; there's nothing stopping an alcoholic from buying a gun.

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    submessenger's Avatar
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    Smells like a 10th Amendment fight @ SCOTUS, to me. But, it needs to be a fight. If people are willing to lay down and accept what the Ninth Circus says, then so be it. But, my advice is to hold your breath - Ninth Circus holds second place for decisions that are reversed by SCOTUS: http://www.americanbar.org/content/d...thcheckdam.pdf

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    Quote Originally Posted by Permalost View Post
    Link: http://abcnews.go.com/US/wireStory/u...-card-41778814

    About a week ago, the 9th circuit court ruled that a federal ban on the sale of guns to medical cannabis card holders does not violate the Second Amendment. Since cannabis is federally illegal, and people who use illegal substances can't be sold firearms, and its reasonable to presume a medical marijuana cardholder uses marijuana, it is a simple logical flowchart to see their decision process. But throwing nuance out the window and tossing out states rights in favor of pointless scaremongering is the wrong move. I'd like to see any data they have backing up their notion that cannabis patients are more likely to commit gun violence.

    I work in the legal cannabis industry in California, where such a card is a condition of my employment. So, it looks like I won't be getting the hunting rifle I was going to pick up this weekend, or any firearms in the future, despite my lack of criminal record. I work face to face daily with patients of all ages, walks of life, political preferences etc, and the court's view that these people shouldn't be allowed to arm themselves like other Americans shows a lot of ignorance to who's using the stuff. Our more conservative patients have been complaining about the decision all week, complete with the "cold, dead hands" rhetoric.

    Speaking of which: Do you think the NRA will stand against this disarming of a large part of the Western populace for arbitrary reasons? Haven't heard anything yet.

    Do you think their decision is constitutional? To me, its like saying no one over 21 can legally buy a gun, because they have a card that says they can buy alcohol and therefore must be blackout drunk 24/7. That's just silly though; there's nothing stopping an alcoholic from buying a gun.
    Well, I don't think there is anything anybody can do about it other than legalizing pot at the federal level. The law is funny how it works some times.

    Consider yourself lucky that the Feds don't show up and charge all the state-legal growers with Federal manufacture/intent to deliver charges and conspiracy to do same.

    Alcohol is a federally legal drug, pot isn't. Pretty much end of story for now.
    Falling for Judo since 1980

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    Wounded Ronin's Avatar
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    Quote Originally Posted by Permalost View Post
    Link: http://abcnews.go.com/US/wireStory/u...-card-41778814

    About a week ago, the 9th circuit court ruled that a federal ban on the sale of guns to medical cannabis card holders does not violate the Second Amendment. Since cannabis is federally illegal, and people who use illegal substances can't be sold firearms, and its reasonable to presume a medical marijuana cardholder uses marijuana, it is a simple logical flowchart to see their decision process. But throwing nuance out the window and tossing out states rights in favor of pointless scaremongering is the wrong move. I'd like to see any data they have backing up their notion that cannabis patients are more likely to commit gun violence.

    I work in the legal cannabis industry in California, where such a card is a condition of my employment. So, it looks like I won't be getting the hunting rifle I was going to pick up this weekend, or any firearms in the future, despite my lack of criminal record. I work face to face daily with patients of all ages, walks of life, political preferences etc, and the court's view that these people shouldn't be allowed to arm themselves like other Americans shows a lot of ignorance to who's using the stuff. Our more conservative patients have been complaining about the decision all week, complete with the "cold, dead hands" rhetoric.

    Speaking of which: Do you think the NRA will stand against this disarming of a large part of the Western populace for arbitrary reasons? Haven't heard anything yet.

    Do you think their decision is constitutional? To me, its like saying no one over 21 can legally buy a gun, because they have a card that says they can buy alcohol and therefore must be blackout drunk 24/7. That's just silly though; there's nothing stopping an alcoholic from buying a gun.
    I've felt disappointed in the NRA lately. Basically, they don't want to advocate for the 2nd amendment rights of any groups that are stigmatized by regressive old school Conservative culture.

    For example, Wayne LaPierre has absolutely ripped into people who are living with mental illness as the reason for gun violence:

    Last week’s bloodbath at the Washington Navy Yard wouldn’t have occurred if shooter Aaron Alexis didn’t have access to a gun, NRA Executive Vice President Wayne LaPierre admitted Sunday.

    But the outspoken firearms advocate wasn’t calling for gun control, instead reiterating his contention that mentally ill people — and not the widespread availability of guns in America — are the root cause of violence.

    “They need to be committed,” LaPierre said. “If they’re committed, they’re not at the naval yard.”
    Source: http://www.nydailynews.com/news/poli...icle-1.1463887

    This is of course a very stigmatizing and ignorant statement to make since most people living with mental illness aren't violent. If someone had obsessive compulsive disorder, why should they be unable to own a firearm? Should a military veteran with PTSD be forced by the government to give up his firearms? How many old conservative white people in fact have undiagnosed mental illness just because they grew up in an era and location without mental health services?

    I'm a NRA member because in general their lobbying is important for warding off attempts at "gun control" by people who are ignorant about firearms. But I am disgusted by the NRA's failure to advocate for people like medical marijuana card holders, non-violent people with mental illness, and even their failure to make strong public statements supporting minority ownership of firearms (in order to counter the assertion by gun control advocates that civilian gun ownership is about oppressing minorities).

    My concern is that in the long run the NRA will lose political power due to demographic shifts if it isn't seen as equally committed to the gun rights of all Americans.

    EDIT:

    Case in point, the NRA seemed reluctant to make any comment following the shooting of Philando Castile: https://www.washingtonpost.com/news/...=.c9815194699b

    Just now I tried to Google "NRA Philando Castile" and didn't find an updated statement from the NRA about Philando Castile. That's not to say they didn't make one, but in contrast to how they are normally very vocal with their statements, it is not easy for me to find a statement if indeed it does exist.

    Instead, the NRA needs to be careful about framing the 2nd Amendment as a universal right, and not make it easy for political opponents to frame it as a race issue.
    Last edited by Wounded Ronin; 9/07/2016 12:35pm at .
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    DCS's Avatar
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    I've read somewhere NRA was pro gun control back in the day, especially regarding blacks and other minorities. Is there any truth to that?

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    goodlun's Avatar
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    I would think for HIPAA reasons they shouldn't have knowledge if you are a card holder or not.
    This seems like a HUGE violation of privacy.
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    Basically answer NO on question 11 E as their is NO medical marijuana central database to look up.
    Of the single rapier fight between valiant men, having both skill, he that is the best wrestler, or if neither of them can wrestle, the strongest man most commonly kills the other, or leaves him at his mercy.
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    Quote Originally Posted by goodlun View Post
    I would think for HIPAA reasons they shouldn't have knowledge if you are a card holder or not.
    This seems like a HUGE violation of privacy.
    There is a question on the form when you attempt to purchase the firearm. So, lie on the federal form, which is a crime too???
    Falling for Judo since 1980

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  9. #9
    goodlun's Avatar
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    Quote Originally Posted by BKR View Post
    There is a question on the form when you attempt to purchase the firearm. So, lie on the federal form, which is a crime too???
    Question 11 E. I am not a lawyer so sure as **** don't listen to me, but

    Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?
    Unlawful user if you have a medical card then nope you are not, though by federal law you are but that is what I would call ambiguous.
    One could certainly argue that you are not "addicted" just because it has been prescribed to you.
    Of the single rapier fight between valiant men, having both skill, he that is the best wrestler, or if neither of them can wrestle, the strongest man most commonly kills the other, or leaves him at his mercy.
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  10. #10
    goodlun's Avatar
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    Its ambiguous enough to probably not qualify you for perjury charges if you have a decent enough lawyer.
    I wouldn't rely on a public defender.
    Of the single rapier fight between valiant men, having both skill, he that is the best wrestler, or if neither of them can wrestle, the strongest man most commonly kills the other, or leaves him at his mercy.
    –George Silver, Paradoxes of Defence

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