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Thread: Get and Rx for marijuana lose your guns/rights.

  1. #1
    Regular Member Freedom1Man's Avatar
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    Get and Rx for marijuana lose your guns/rights.

    http://bearingarms.com/got-a-state-m...for-your-guns/

    FUQ
    A Richland medical marijuana patient recently applied for a Concealed Pistol License, but was denied by police.

    Medical marijuana is legal under Washington state law, but the federal government won’t make an exception for that when it comes to getting a Concealed Pistol License.

    Richland police sent the medical marijuana patient a letter stating that federal law prohibits anyone who uses a controlled substance from “shipping, transporting, receiving or possessing firearms or ammunition.”
    But your Rx for everything else is perfectly legal.....
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  2. #2
    Regular Member sudden valley gunner's Avatar
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    Unconstitutional a-holes.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  3. #3
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    He should appeal the decision. Its the state that issues the permits ... not the feds.

    No one is going to arrest him or have arrested him.

    Innocent until proven guilty.

    A confession is not enough.

  4. #4
    Regular Member OC for ME's Avatar
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    So, WA is not as "independent" and "rights respecting" as they claim to be.....well, may be they are, just not with guns. DM has it spot on, sue the issuing agency for violating state law, if state law is "must issue."

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    This was a big story in September 2011 when the ATF sent out a letter to all FFL dealers, but MY UNDERSTANDING IS THAT THE ISSUE IS STILL UNDECIDED AND IS CURRENTLY WORKING ITS WAY THROUGH THE COURT SYSTEM.

    When this letter went out the Montana legislatures voiced their concerns.

    The Attorney General at the time, Steve Bullock, who is now Montana's governor, objected to the U.S. Justice Department over its memo banning the sale of guns or ammunition to licensed medical marijuana users and urged the agency not to prosecute anyone.

    The letter from Bullock followed criticism of the policy from all three members of Montana's congressional delegation, Senators Jon Tester and Max Baucus, and Congressman Denny Rehberg. And the Montana Shooting Sports Association was first in blasting the memo.

    Bullock told Holder said he's willing to work with the U.S. Justice Department staff "on exploring a reasonable solution to the problems created by the Bureau of Alcohol, Tobacco, Firearms and Explosives letter." The goal, he said, is to find an approach that works for the Montana and the other states and the District of Columbia that have legalized medical marijuana. "This would be much better than the type of unilateral proclamation represented by the ATF letter, which was issued without any advance notice or discussion with the elected officials who represent more than one-fourth of this nation's population and one-third of its states," Bullock wrote. "In the meantime, I respectfully request that the Department of Justice not pursue any criminal prosecutions against law-abiding citizens in Montana who exercise their constitutional rights to possess guns and enjoy hunting, or the licensees who are implicitly threatened by ATF's letter."

    Gary Marbut, president of the Montana Shooting Sports Association, called Bullock's letter to Holder "a good first step." He said he looks forward to seeing "actual deeds" by state elected officials in following up on the issue.

    Medical marijuana card holders in other states have successfully sued over the issue AND WON.

    The most highly publicized case was that of Cynthia Willis from the state of Oregon and her fight with Sheriff Mike Winters.

    http://www.tokeofthetown.com/2012/01...can_keep_t.php

    Quote:

    "Concealed handgun owners with Oregon medical marijuana authorizations will be allowed to keep their gun licenses after a U.S. Supreme Court decision not to hear a sheriff's legal challenge which claimed U.S. federal law trumps Oregon state law. Putting the case behind her is a victory for the rights of medical marijuana patients throughout Oregon, according to Gold Hill resident Cynthia Willis, 54, reports Damian Mann of the Southern Oregon Mail Tribune.

    "Just because we're patients doesn't mean we don't have real lifestyles and rights like everyone else," Willis said.

    Jackson County Sheriff Mike Winters had denied Willis a concealed handgun license back in 2008 because she uses medical marijuana, which is considered a Schedule I controlled substance, along with heroin and LSD, by the federal government."

    (end of quotes)

    So the Oregon Supreme Court ruled in favor of the gun owners.

    But the issue continues to rear its ugly head in other states.

    Recently a Richland, WA medical marijuana patient who had applied for a Concealed Pistol License was denied by police.

    http://www.nbcrightnow.com/story/247...pistol-license

    It will be very interesting to see what happens in both Colorado and in Washington where recreational marijuana is now legal.

  6. #6
    Regular Member OC for ME's Avatar
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    .....recreational marijuana.....that's funny.

    It seems the banking issue has been settled, the firearms issue is a slam dunk. No?

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    Quote Originally Posted by Augustin View Post
    This was a big story in September 2011 when the ATF sent out a letter to all FFL dealers, but MY UNDERSTANDING IS THAT THE ISSUE IS STILL UNDECIDED AND IS CURRENTLY WORKING ITS WAY THROUGH THE COURT SYSTEM.

    When this letter went out the Montana legislatures voiced their concerns.
    Here is a link to the 2011 letter I was referring to:

    http://www.scribd.com/doc/66539767/A...ical-Marijuana

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    Regular Member Tackleberry1's Avatar
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    This is why I voted to legalize it for recreational use in WA State. Don't use it myself but having it illegal gives Gooberment stooges too much power.

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    Quote Originally Posted by OC for ME View Post
    .....recreational marijuana.....that's funny.
    Yup, that what they are calling it "recreational marijuana" or "retail marijuana."

    http://www.cnn.com/2013/12/31/us/col...ana/index.html

    The voters of Colorado passed a voter initiative that is without historical precedent and the consequences are closely-watched around the nation.

    Starting on January 1st of this year, adults 21 and older are now legally allowed to purchase up to one ounce of marijuana from specialty marijuana dispensaries and grow up to six marijuana plants in their homes.

    Pot shops have sprung up (pun intended) all over the state, although many cities and municipalities have passed moratoriums outlawing it until they can "study" the issue more.

    So here is the situation....

    The Feds, in their 2011 Open Letter to Federal Firearm Licensees, have announced that "any person who is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition."

    Yet the state of Colorado has legalized pot for adults in amounts of 1 ounce for Colorado residents, and 1/4 ounce for non-residents.

    HOW THIS WILL ALL PLAY OUT WILL BE VERY INTERESTING.

    The Tenth Amendment to the Constitution, which is part of the Bill of Rights, was ratified on December 15th, 1791. It states that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.

    So there is a tenth amendment showdown brewing in this country.

    Just today the Supreme Court refused to hear several 2A cases:

    http://www.outdoorlife.com/blogs/gun...ational-debate

  10. #10
    Regular Member WalkingWolf's Avatar
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    This is the slippery slope of gun regulation on any level. It is only a matter of time before it is twisted to include everybody.
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  11. #11
    Regular Member Freedom1Man's Avatar
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    Shall not be infringed. It's crystal Fing clear people.

    It's a right that exists without the existence of government.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  12. #12
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by Augustin View Post
    <snip> Starting on January 1st of this year, adults 21 and older are now legally allowed to purchase up to one ounce of marijuana from specialty marijuana dispensaries and grow up to six marijuana plants in their homes. <snip>
    I wonder if six plants exceeds one ounce. Or, is the law written that a citizen may not purchase quantities that exceed one ounce. Or, is the one once limitation applied only to possessed on your personal person, yet bales of the stuff can be retained at home.

    Anyway, if the state will not "rescind" your gun rights the feds will have to get off their duffs. The real question is whether or not CO et al will institute a SFL (state firearms license) system to address their concerns that the fed will infringe upon their citizens gun rights. You can sell a gun to a state resident only. Ask the state's sheriffs if they would support this idea. They are seemingly gung ho about guns after all.

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    Regular Member Tackleberry1's Avatar
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    How long before water is a "controlled substance"?

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    Regular Member Gallowmere's Avatar
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    Quote Originally Posted by Tackleberry1 View Post
    How long before water is a "controlled substance"?
    It already is...or did you miss that bloated entity known as the EPA?

  15. #15
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Tackleberry1 View Post
    This is why I voted to legalize it for recreational use in WA State. Don't use it myself but having it illegal gives Gooberment stooges too much power.
    +1 In addition there is no constitutional prohibition on it.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  16. #16
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by OC for ME View Post
    So, WA is not as "independent" and "rights respecting" as they claim to be.....well, may be they are, just not with guns. DM has it spot on, sue the issuing agency for violating state law, if state law is "must issue."
    The state is not, the constitution of the state isn't bad.

    Olympia is full of anti liberty goons who's only check has been the constitution and a few judges in the past willing to uphold that....things are not so sure anymore.

    This case though is a police department who are deciding to make up their own rules and listen to federal thugs instead of what state law says. Many popo here are not happy with the legalization of pot which gave them so much goods and property stolen from those whom they were to serve, so they will try to make the public pay for voting the way they did.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  17. #17
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Tackleberry1 View Post
    How long before water is a "controlled substance"?
    Don't laugh. If a comp. selling bottled water says in anyway that it will help with dehydration that comp. just made a medical claim and under law the water has become a drug. Ask Cheerios, they got in a battle with FDA over heart healthy claim.

  18. #18
    Regular Member Tackleberry1's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    +1 In addition there is no constitutional prohibition on it.
    Correct... But that didn't stop dirty cops from claiming to smell MJ in order to manufacture RAS when none existed.

    My "yes" vote on legalizing MJ here is WA was solely to stiff arm lying cops and to protect private property rights from seizure/forfeiture laws.

    Tack

  19. #19
    Regular Member 1911er's Avatar
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    WA pot law sucks

    Quote Originally Posted by Tackleberry1 View Post
    Correct... But that didn't stop dirty cops from claiming to smell MJ in order to manufacture RAS when none existed.

    My "yes" vote on legalizing MJ here is WA was solely to stiff arm lying cops and to protect private property rights from seizure/forfeiture laws.

    Tack
    It might be legal to have A certain amount but it is still illegal to grow your own.
    I truly Love my Country, But the government scares the he!! out of me.

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  20. #20
    Accomplished Advocate color of law's Avatar
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    U.S. Supreme Court
    Presser v. Illinois, 116 U.S. 252 (1886)
    The provision in the Second Amendment to the Constitution, that "The right of the people to keep and bear arms shall not be infringed" is a limitation only on the power of Congress and the national government, and not of the states. But in view of the fact that all citizens capable of bearing arms constitute the reserved military force of the national government as well as in view of its general powers, the states cannot prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining the public security.

  21. #21
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Tackleberry1 View Post
    Correct... But that didn't stop dirty cops from claiming to smell MJ in order to manufacture RAS when none existed.

    My "yes" vote on legalizing MJ here is WA was solely to stiff arm lying cops and to protect private property rights from seizure/forfeiture laws.

    Tack
    Cops find all sorts of rationalizations to trample rights and liberties.

    We had a WA supreme court ruling though if I recall that said smell wasn't enough RS or PC.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  22. #22
    Regular Member Tackleberry1's Avatar
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    Quote Originally Posted by 1911er View Post
    It might be legal to have A certain amount but it is still illegal to grow your own.
    Like I said in my first post... I don't use it, so I don't care.

    I just like the fact that it's odor is no longer RAS or PC.

  23. #23
    Regular Member Tackleberry1's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Cops find all sorts of rationalizations to trample rights and liberties.

    We had a WA supreme court ruling though if I recall that said smell wasn't enough RS or PC.
    I'm not familiar with it... But even so, how many kids would have know to still refuse consent before legalization?

  24. #24
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Tackleberry1 View Post
    I'm not familiar with it... But even so, how many kids would have know to still refuse consent before legalization?
    Thats what the cops count on, ignorance and intimidation.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  25. #25
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    The articles are not clear. How did the police establish the applicant is a marijuana user?

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