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 veggie
Registered: 07/25/04
Posts: 16,663
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 Ban on marijuana users owning guns is unconstitutional, U.S. judge rules   5
#28172145 - 02/04/23 02:49 PM (1 month, 17 days ago) |
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Ban on marijuana users owning guns is unconstitutional, U.S. judge rules
February 4, 2023 - 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.
U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution's Second Amendment.
Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."
He said using marijuana was "not in and of itself a violent, forceful, or threatening act," and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.
"The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," Wyrick wrote.
Laura Deskin, a public defender representing Harrison, said the ruling was a "step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American." She called marijuana the most commonly used drug illegal at the federal level.
The U.S. Department of Justice did not respond to request for comment but is likely to appeal.
The decision marked the latest instance of a court declaring a gun regulation unconstitutional after the U.S. Supreme Court's 6-3 conservative majority in June ruled that the Second Amendment protects a person's right to carry a handgun in public for self-defense.
That ruling, New York State Rifle & Pistol Association v. Bruen, announced a new test for assessing firearms laws, saying restrictions must be "consistent with this nation's historical tradition of firearm regulation."
On Thursday, the New Orleans-based 5th U.S. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms.
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burntkitty
Centaur
Registered: 01/02/23
Posts: 280
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 Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: veggie]
#28172253 - 02/04/23 04:14 PM (1 month, 17 days ago) |
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Link to the fools who pushed this. You couldn't ban cocaine users from owning guns. I fully support banning DUIers from owning guns though, clearly you can't make good decisions that won't harm others.
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Just a man, not a very interesting one at that either
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ButtFace
Registered: 08/06/08
Posts: 1,420
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: burntkitty] 3
#28172278 - 02/04/23 04:30 PM (1 month, 17 days ago) |
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That is a great triumph. Will the question about "marijuana/drug use" be removed from the 4473 form?
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 Shinobi6
Stranger
Registered: 10/10/19
Posts: 56
Last seen: 4 days, 7 hours
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: ButtFace] 3
#28172837 - 02/04/23 10:48 PM (1 month, 16 days ago) |
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Quote:
ButtFace said:
That is a great triumph. Will the question about "marijuana/drug use" be removed from the 4473 form?
I hope. But the ATF are a bunch cum guzzling jack off's
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PreparationH
apply daily
Registered: 03/28/05
Posts: 18,009
Loc: Amsterdam
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: Shinobi6] 2
#28173382 - 02/05/23 12:16 PM (1 month, 16 days ago) |
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Fuck the ATF
Gun ownership is a right, shall not be infringed etc. Founders thought it fine if I owned a warship with cannons but some twat in the white house guarded by machine guns tries to tell us we shouldn't own an AK-47, yea ok lol.
3d printers are the future too, print your second amendment.
Look what Canada just did with handguns...
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dizzy_simmons
Detective
Registered: 09/18/09
Posts: 388
Loc: Interzone
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: veggie]
#28173383 - 02/05/23 12:17 PM (1 month, 16 days ago) |
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Quote:
veggie said:
On Thursday, the New Orleans-based 5th U.S. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms.
Not remotely the same & not cool, man, not cool...
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durian_2008
Cornucopian Eating an Elephant
Registered: 04/02/08
Posts: 12,823
Loc: Raccoon City
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: dizzy_simmons]
#28173596 - 02/05/23 03:32 PM (1 month, 16 days ago) |
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Wyrick still allows for both fundamental rights -- marijuana and guns -- to be registered, whether at local, state, or federal level.
Further, the orders-followers committing humans rights abuses will not be disgorged of their ill gotten gains, known as asset forfeiture, nor punished in their private capacity for going against their individual conscience.
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durian_2008
Cornucopian Eating an Elephant
Registered: 04/02/08
Posts: 12,823
Loc: Raccoon City
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: dizzy_simmons]
#28173601 - 02/05/23 03:34 PM (1 month, 16 days ago) |
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Quote:
veggie said:
On Thursday, the New Orleans-based 5th U.S. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms.
Quote:
dizzy_simmons said:
Not remotely the same & not cool, man, not cool...
Anyone can make frivolous accusations and claim emergency powers.
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Holybullshit
Stranger
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: durian_2008] 1
#28174350 - 02/06/23 02:44 AM (1 month, 15 days ago) |
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The entire idea that gun ownership is some kind of inalienable right granted by God is ridiculous... I'll change my mind when assault rifles start sprouting roots and growing out of the ground. Or at the very least bullets start growing on trees.
Edited by Holybullshit (02/06/23 03:17 AM)
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Sugabearcrisp
Not Your Average Bear
Registered: 10/14/19
Posts: 9,584
Loc: in the woods
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: veggie]
#28174406 - 02/06/23 05:38 AM (1 month, 15 days ago) |
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The whole d8 THC, HHC, THC-O, THCa, etc being legal federally under the 2018 farm act already created a contradiction that would be very hard to separate users of federally illegal recreational d9 thc from users of these federally legal substances.
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durian_2008
Cornucopian Eating an Elephant
Registered: 04/02/08
Posts: 12,823
Loc: Raccoon City
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: Holybullshit]
#28175496 - 02/06/23 09:45 PM (1 month, 14 days ago) |
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Quote:
Holybullshit said:
The entire idea that gun ownership is some kind of inalienable right granted by God is ridiculous... I'll change my mind when assault rifles start sprouting roots and growing out of the ground. Or at the very least bullets start growing on trees.
The bow, spear, and war club literally grow on trees.
The law technically says that bearing arms is an inalienable and God given right.
Although, I believe that San Diegans, who fall for Mark Dice gags, should be ineligible.
I have repeatedly said that some kind of Jim Crow test should be inflicted upon plebs, who want the power over life and death at the press of a button.
Could you pass it?
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dizzy_simmons
Detective
Registered: 09/18/09
Posts: 388
Loc: Interzone
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: durian_2008]
#28175863 - 02/07/23 07:48 AM (1 month, 14 days ago) |
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Quote:
durian_2008 said:
Quote:
Holybullshit said:
The entire idea that gun ownership is some kind of inalienable right granted by God is ridiculous... I'll change my mind when assault rifles start sprouting roots and growing out of the ground. Or at the very least bullets start growing on trees.
The bow, spear, and war club literally grow on trees.
You seem to have overlooked the fact that none of those things are guns. What about nuclear arms? Should people be allowed to own nukes, or else why the arbitrary distinction?
Quote:
The law technically says that bearing arms is an inalienable and God given right.
The law is, technically, ridiculous.
Quote:
Although, I believe that San Diegans, who fall for Mark Dice gags, should be ineligible.
So people you like & agree with should have "god given" rights, but those you don't like & whom you disagree with should not have "god given" rights. Got it.
Quote:
I have repeatedly said that some kind of Jim Crow test should be inflicted upon plebs, who want the power over life and death at the press of a button.
Could you pass it?
Perhaps you chose the wrong term; the whole idea behind a "Jim Crow test" is that the targeted group *won't* pass it.
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dizzy_simmons
Detective
Registered: 09/18/09
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Loc: Interzone
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: Sugabearcrisp]
#28175869 - 02/07/23 07:51 AM (1 month, 14 days ago) |
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Quote:
Sugabearcrisp said:
The whole d8 THC, HHC, THC-O, THCa, etc being legal federally under the 2018 farm act already created a contradiction that would be very hard to separate users of federally illegal recreational d9 thc from users of these federally legal substances.
Some states make no distinction between legal vs illegal "drugs". If you use "drugs", they say you're a dangerous menace who shouldn't have a gun. I'd argue it's a vague & unconstitutional law, but it avoids that "contradiction".
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UNDO YOUR DOMESTICATION
Looking for:
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Ps. caerulipes Ps. cubensis Ps. cyanescens Ps. ovoideocystidiata Pan. cinctulus Pan. cyanescens
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B Traven
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: dizzy_simmons]
#28175896 - 02/07/23 08:06 AM (1 month, 14 days ago) |
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Still so many angles to this clusterfuck. So far to go before weed takes its rightful place somewhere between beer and coffee.
I read recently about a kid who got pulled over with a pound of weed and a handgun. Can't remember now whether it was an illegal gun, but I do think he was considered to be doing concealed carry without a permit. In my state, a pound of weed would be a slap on the wrist. Combine it with a gun charge, and both get more serious.
The heaviest firepower I have in my house is a 3 foot machete. Can't risk having anything other than yardwork tools in the same space as "felony drug manufacture."
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I must not fear.
Fear is the mind-killer.
Fear is the little-death that brings total obliteration.
I will face my fear.
I will permit it to pass over me and through me.
And when it has gone past I will turn the inner eye to see its path.
Where the fear has gone there will be nothing. Only I will remain.
Edited by B Traven (02/07/23 08:11 AM)
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durian_2008
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Registered: 04/02/08
Posts: 12,823
Loc: Raccoon City
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: dizzy_simmons]
#28175970 - 02/07/23 09:04 AM (1 month, 14 days ago) |
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Quote:
Holybullshit said:
What about nuclear arms? Should people be allowed to own nukes, or else why the arbitrary distinction?
I draw the line at innocent life.
Can they be used in a precise fashion?
Quote:
durian_2008 said:
The law technically says that bearing arms is an inalienable and God given right.
Quote:
Holybullshit said:
The law is, technically, ridiculous.
Is there a reason why the rest of us can't trust you, with your own personal safety?
Quote:
durian_2008 said:
Although, I believe that San Diegans, who fall for Mark Dice gags, should be ineligible.
Quote:
Holybullshit said:
So people you like & agree with should have "god given" rights, but those you don't like & whom you disagree with should not have "god given" rights. Got it.
Have you seen his jokes?
All I have asked for, at this point in the discussion, is objectivity and a grasp of the culture in which you live.
Although, I do not necessarily agree with the Framers (of the Constitution).
I do not necessarily believe that every hominid was made in the image of God, with the ability for forethought or to make responsible decisions.
Quote:
durian_2008 said:
I have repeatedly said that some kind of Jim Crow test should be inflicted upon plebs, who want the power over life and death at the press of a button.
Could you pass it?
Quote:
Holybullshit said:
Perhaps you chose the wrong term; the whole idea behind a "Jim Crow test" is that the targeted group *won't* pass it.
For all I know, the person on the other side of the monitor, with whom I am speaking now, is from the majority demographic.
Could you pass a Jim Crow test, to justify that you are mentally present and acknowledge the American way.
I can take 99% of the guns off the street, right now.
Edited by durian_2008 (02/07/23 09:19 AM)
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dizzy_simmons
Detective
Registered: 09/18/09
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Re: Ban on marijuana users owning guns is unconstitutional, U.S. judge rules [Re: durian_2008]
#28177713 - 02/08/23 01:36 PM (1 month, 13 days ago) |
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Not sure why you attributed my quotes to Holybullshit, but your position is coming across flip-floppy - or maybe I just don't understand what you're actually saying.
Quote:
For all I know, the person on the other side of the monitor, with whom I am speaking now, is from the majority demographic.
Could you pass a Jim Crow test, to justify that you are mentally present and acknowledge the American way.(sic)
I'm not sure what you mean by the "majority demographic", but my political leanings aren't on the spectrum, so you're (inherently discriminatory) Jim Crow test would probably exclude me for not "acknowledging the American Way". Whatever that means.
Quote:
I can take 99% of the guns off the street, right now.
I didn't realize "taking 99% of guns off the street" is something you see as desirable. Just for S&G's what's your test?
For the record: Drug laws are *obviously* ridiculous; the "all arms are legal under the second amendment" legal interpretation is ridiculous (see either of our points on nuclear arms); and saying every person can be trusted with a firearm "for their safety", while every person (but predominantly women) should be considered untrustworthy when it comes to making "accusations" for their safety is ridiculous and misogynistic 
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