Gun Control & RKBA
Related: About this forumcan we all agree: Dem introduces pro-gun/pro-pot bill edition.
Representative Jared Polis (D-Colorado) introduced HR 3483 on Thursday, and it was assigned to the House Judiciary Committee for review.
snip
The Bureau of Alcohol, Tobacco and Firearms ruled in September 2011 that it illegal for registered medical marijuana patients to buy or own guns. In a memo released at the time, federal firearms dealers were notified that medical marijuana patients are addicts or unlawful drug users who cannot legally own weapons or ammunition.
snip
In one of the highest profile cases to date, Montana Cannabis operator Chris Williams was facing 80 years in federal prison after being convicted on eight federal marijuana and weapons charges in 2012.
Williams was not convicted of using his firearms or even of brandishing them, but merely of having legal shotguns present at the medical marijuana grow, which was legal under Montana law. He received a five year sentence in February.
http://www.thedailychronic.net/2013/26353/bill-introduced-congress-exempt-legal-marijuana-federal-gun-laws/
This should make some interesting bedfellows.
Personally, I don't think goes far enough. That provision of the GCA should be repealed, another law should be passed to end drug prohibition and possibly abolish the DEA.
petronius
(26,598 posts)No different than alcohol, IMO. I wonder if President Obama could order federal agencies to respect state law on the topic, and to not enforce any federal law that is more strict than the relevant state requirement. It's not like federal agencies couldn't find something else - something actually useful - to spend their time on instead of harassing growers, dispensaries, and patients (let alone recreational smokers)...
Eleanors38
(18,318 posts)I was in a local gun shop years ago when a purchaser asked about the question, and was told the shop owner couldn't comment on the meaning of the double-whammy penalty about pot, so the customer said he had run out 2 wks earlier, so he didn't consider himself an addict. Laughter ensued, and the BG check went through.
I cannot understand why marijuana is the only named drug on the form. When was this provision passed?
gejohnston
(17,502 posts)I do know that it has been there as far back I can remember. I would not doubt it was part of the original bill given the government "scientific" reports that it led to coke and heroin addiction. IIRC, there was a rumor that the main sponsor illegally carried a .25 because he was afraid of the hippies in Georgetown.
discntnt_irny_srcsm
(18,476 posts)"a person who is addicted to a particular substance, typically an illegal drug"
From the 4473: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
Therefore, the legal answer for those with a medical prescription for any treatment, substance, pill or liquid is "no".
gejohnston
(17,502 posts)correct under state law, but still illegal under federal law, which is what the ATF based their ruling on.
discntnt_irny_srcsm
(18,476 posts)...intrastate prescriptions, physicians and the sale of medicinal herbs and treatments are unconstitutional under the 10th Amendment.
You cannot be an "unlawful user" of something made illegal by an unconstitutional law.
gejohnston
(17,502 posts)I also agree that drug prohibition in general should end and the DEA abolished, or at least greatly curtailed to policing Big Pharma.
discntnt_irny_srcsm
(18,476 posts)The war on drugs and other of our "wars" do not fit a classic definition of war. Perverting the language to enable nationally sponsored aggression and/or military action for these reasons should not be allowed.
http://izquotes.com/quote/246342
Tuesday Afternoon
(56,912 posts)all out of proportion ... I mean ... really. Looks like the world is pretty damn fond of war from where I sit.
discntnt_irny_srcsm
(18,476 posts)IMHO, it's the yin-yang of government. A leader becomes a leader by beating the other guy. (In a Democracy by election; in a tyranny by civil war.) A national leader gets to look good and gain power and popularity by uniting people in a cause. Sometimes a leader can find a like-minded fellow leader and form an alliance with that country. Allies in a cause gain even more power and popularity. Nothing creates unity and inspires alliances like a common enemy and, once a common enemy is found, a war is the natural progression of beating the other guy.
I think small victories might be a better goal for a leader.
Pullo
(594 posts)I agree, there's a lot of room for common interests on these issues. Hopefully more Dems come around.
Nuclear Unicorn
(19,497 posts)forget to shoot someone? Nothing could be worse than a cop with nothing to do.