[Robrites]

SAN FRANCISCO — A federal 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.
Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.
She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.
It's illegal for a licensed firearm dealer to sell a gun to an Oregon medical or recreational marijuana consumer, said Portland lawyer Leland Berger. He noted that the ruling is focused on sales and doesn't affect medical marijuana consumers who already have guns.
The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.
The court also said Congress had 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 notion that cannabis consumers are violent people is absurd," Berger said, calling the notion that classifying medical card holders who use marijuana to treat debilitating medical conditions as violent people is "even more absurd."
Paul Armentano, deputy director of NORML, a nonprofit that works to reform marijuana laws, called on Congress to "amend cannabis' criminal status in a way that comports with both public and scientific opinion, as well as its rapidly changing legal status under state laws."
"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 do other citizens," he said in a statement published on the nonprofit's website.
Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal the decision and his options include submitting the appeal to the same panel of judges that issued the ruling, a larger panel of the circuit court or the U.S. Supreme Court.
"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.
Alex Kreit, a marijuana law expert at Thomas Jefferson School of Law in San Diego, said the ruling was significant — but may not be the last time the 9th Circuit addresses medical marijuana and gun rights.


https://www.oregonlive.com/today/inde...art_river_home

[mowood3479]

Boo...
F those judges.. Good thing there is a black market for everything,

[geneva_sativa]

It is one more control mechanism against a certain kind of people.

[Chimera]

Surely the FACT that consumption of alcohol does more to increase the probability of "irrational and unpredictable behavior" than any amount of cannabis could, yet alcohol users are under no restrictions to purchase lethal weapons.

When rulings like this fly in the face of science, reason, and sanity - the judiciary loses the respect of the people.

When was the last time someone smoked a bowl and went on a rampage? Alcohol on the other hand....

[MJPassion]

Private sales are still legit.

Only thing the judge said was that a "licensed gun dealer" can't sell to mmj card holders.

A license is, according to Black's Law Dictionary; permission to do simething that would otherwise be illegal.

Owning a gun is not illegal, only licensed dealers selling to certain classes of people is.

The system has not removed anybody's Rights other than the licensed gun dealers.

What this really shows is how registration for meds is dangerous to our Right to privacy.

[Sforza]

Originally Posted by Chimera

Surely the FACT that consumption of alcohol does more to increase the probability of "irrational and unpredictable behavior" than any amount of cannabis could, yet alcohol users are under no restrictions to purchase lethal weapons.

When rulings like this fly in the face of science, reason, and sanity - the judiciary loses the respect of the people.

When was the last time someone smoked a bowl and went on a rampage? Alcohol on the other hand....

Alcohol is the drug that tends to lead to violence, as crime statistics show.

[maxmurder]

yep i just love to smoke a doobie and go blow away a school yard of kids with my ar-15.
it's gotta be green CRACK tho, all the other shit just makes me passive and hungry.
this is the biggest crock of shit ever.
they probably keep it in the books so when you get busted there's another felony.
felony=$
it's nice to know you can pay taxes on cannabis but aren't allowed to protect your family.

[HUGE]

the gun dealer would only know about your card if you told them?

Originally Posted by MJPassion

Private sales are still legit.

Only thing the judge said was that a "licensed gun dealer" can't sell to mmj card holders.

A license is, according to Black's Law Dictionary; permission to do simething that would otherwise be illegal.

Owning a gun is not illegal, only licensed dealers selling to certain classes of people is.

The system has not removed anybody's Rights other than the licensed gun dealers.

What this really shows is how registration for meds is dangerous to our Right to privacy.

[Slipnot]

Originally Posted by maxmurder

yep i just love to smoke a doobie and go blow away a school yard of kids with my ar-15.
it's gotta be green CRACK tho, all the other shit just makes me passive and hungry.
this is the biggest crock of shit ever.
they probably keep it in the books so when you get busted there's another felony.
felony=$
it's nice to know you can pay taxes on cannabis but aren't allowed to protect your family.

I would be careful saying shit like that even if its a joke and having a handle like that

[Slipnot]

Originally Posted by Chimera

Surely the FACT that consumption of alcohol does more to increase the probability of "irrational and unpredictable behavior" than any amount of cannabis could, yet alcohol users are under no restrictions to purchase lethal weapons.

When rulings like this fly in the face of science, reason, and sanity - the judiciary loses the respect of the people.

When was the last time someone smoked a bowl and went on a rampage? Alcohol on the other hand....

It was never our intention to take on marijuana as an issue. We stated in a post on society controlling itself (rather than the criminal justice system doing it) that we assumed that personal use of marijuana was going to be either decriminalized or legalized and that we hoped that society knows what it’s doing from a public health prospective.
We had comments stating that marijuana was not connected to crime or violent crime.
We said “oh really” and went on to cite research that marijuana is heavily connected to crime through arrest data. See https://crimeinamerica.net/2010/01/27...ize-marijuana/. There are other sources providing similar findings.
Now we have the data below from The National Center on Addiction and Substance Abuse at the Columbia University. See https://www.casacolumbia.org/template...=287&zoneid=32
Before we cite the data below, we have continuously stated that we do not advocate arrest for personal possession of marijuana; the criminal justice system is suffering from massive budget cuts and priorities lie elsewhere. See https://crimeinamerica.net/2010/02/17...em-crime-news/. But we do want a full and complete discussion of the public health implications of marijuana use.
We post our material on other blog services and the discussion on marijuana received well over 100 comments; some sophomoric and some serious. But it’s clear to us that those frequenting major blog directories that few in that demographic are taking the issue seriously. That’s unfortunate. They clearly see marijuana as a benign drug with no public health consequences.
New data:
From 1992 to 2006, the potency of marijuana increased by 175.0 percent.
Marijuana is associated more strongly with juvenile crime than alcohol use.
From 1992 to 2006, there has been a 492.1 percent increase in the proportion of treatment admissions for persons under age 18 where clinical diagnosis was reported for marijuana abuse or dependence.
From 1992 to 2006, there has been a 188.1 percent increase in the proportion of treatment admissions for persons under age 18 who cite marijuana as their primary drug of abuse.
From 1995 to 2002, the percentage of drug related emergency department findings for marijuana as a major substance of abuse among 12- to 17-year olds increased by 136.4 percent.
Rates of daily marijuana use among 12th graders tripled from 1992 to 1999 and have stubbornly resisted significant change since then. In 2007, approximately 204,000 high school seniors (5.1 percent) used marijuana on a daily basis.
Despite recent declines in teen marijuana use, in 2007 the percentage of teens who had ever used marijuana was 26.8 percent higher among 8th graders, 44.9 percent higher among 10th graders and 28.2 percent higher among 12th graders.
Marijuana is the second most frequently detected psychoactive substance among drivers (alcohol is the first) and is associated with impaired driving skills.
Marijuana use interferes with brain functions and has been linked to other mental health problems in young people, such as depression, anxiety and conduct disorders.
Recent research suggests possible associations between marijuana use and schizophrenia and other psychotic disorders.
The good news is that in recent years teen marijuana use and the percent of all teens who meet clinical criteria for marijuana abuse and dependence have declined.
The bad news is that 10.7 million teens still report that they have used marijuana.
Crime in America.Net