Marijuana user cannot be banned from gun ownership...

[DadSmith]

https://www.reuters.com/legal/marijuana-user-cannot-be-banned-gun-ownership-us-court-rules-2024-08-28/

The New Orleans-based 5th U.S. Circuit Court of Appeals said, opens new tab the prosecution had violated Paola Connelly's right to keep and bear arms under the U.S. Constitution's Second Amendment citing a landmark 2022 U.S. Supreme Court ruling that expanded gun rights.
"Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms," U.S. Circuit Judge Kurt Engelhardt, an appointee of Republican former President Donald Trump, wrote for a three-judge panel.
Engelhardt said that while the government may be allowed to bar someone currently under the influence of drugs from having weapons, "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

 

[Rick Mason]

Mark Smith's take on this ruling

 

[Scott58]

Ill be filling out the form again next week. I'll see if there are any changes in the questions.

 

[BE Mike]

Ill be filling out the form again next week. I'll see if there are any changes in the questions.

There won't.

 

[KellyinAvon]

HHHhhhmmmm, probably more palatable to SCOTUS than Rahimi. I could see the same route to "not an exact analog, but close enough so NO!!"

Wait, didn't George Washington grow the ganja on Mount Vernon? Wait, that was from Dazed and Confused

 

[Timjoebillybob]

Ill be filling out the form again next week. I'll see if there are any changes in the questions.

I'm sure there won't be, I haven't read the opinion yet but it most likely only applies in that circuit. And it wouldn't surprise me if the judges put a hold onto it pending appeal.

 

[phylodog]

It's nice to see someone with some common sense wearing a black robe from time to time.

 

[flatlander]

Nothing changes for me. Same as alcohol. I smell it, no gun. What you put on the form is between you , God and the FBI.

 

[phylodog]

SSRIs don't smell yet almost every mass shooting incident we've had in the past couple decades have been committed by those on mental health medications. No restrictions there, nothing to worry about with factory produced chemicals which once introduced into the body take weeks to months to work their way out and stop "working" vs a plant which wears off completely within a couple of hours. Now, how could that possibly be the case?

We live in bizarro world brought to us by the greedy and power hungry. You're not only free to take all of the prescription drugs you can shove down your throat or inject into your system, you're highly encouraged to do so in spite of all of the advertised possible side effects and completely ignoring the data on what these do to some people. Don't you dare grow a plant and smoke it and feel better for a few hours like your ancestors have done for tens of thousands of years though, listen to your government as they clearly have your best interests at heart.

What we really need is just a marijuana vaccine so people will forget that there are alternatives to government backed "health care".

 

[DadSmith]

SSRIs don't smell yet almost every mass shooting incident we've had in the past couple decades have been committed by those on mental health medications. No restrictions there, nothing to worry about with factory produced chemicals which once introduced into the body take weeks to months to work their way out and stop "working" vs a plant which wears off completely within a couple of hours. Now, how could that possibly be the case?

We live in bizarro world brought to us by the greedy and power hungry. You're not only free to take all of the prescription drugs you can shove down your throat or inject into your system, you're highly encouraged to do so in spite of all of the advertised possible side effects and completely ignoring the data on what these do to some people. Don't you dare grow a plant and smoke it and feel better for a few hours like your ancestors have done for tens of thousands of years though, listen to your government as they clearly have your best interests at heart.

What we really need is just a marijuana vaccine so people will forget that there are alternatives to government backed "health care".

I and my LGS owner talked about this case and we both agree being high on weed is basically no different than being drunk on alcohol. Once it wears off it's over.
We also agreed yes weed is or can be a drug thar can lead to harder drugs for those chasing a better high I guess you would call it.
I'm in the camp that says people should be held responsible for their own actions and life choices. If they choose to do hard drugs drink to much alcohol etc... that's on them. Life is about the choices we make as a free people.

 

[edporch]

https://www.reuters.com/legal/marijuana-user-cannot-be-banned-gun-ownership-us-court-rules-2024-08-28/

The New Orleans-based 5th U.S. Circuit Court of Appeals said, opens new tab the prosecution had violated Paola Connelly's right to keep and bear arms under the U.S. Constitution's Second Amendment citing a landmark 2022 U.S. Supreme Court ruling that expanded gun rights.
"Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms," U.S. Circuit Judge Kurt Engelhardt, an appointee of Republican former President Donald Trump, wrote for a three-judge panel.
Engelhardt said that while the government may be allowed to bar someone currently under the influence of drugs from having weapons, "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

The problem is, if there's a shooting, the marijuana user will get a drug test that only shows if they've used marijuana within the last MONTH or so.
NOT whether they were under the influence of marijuana at the time of the shooting.

 

[phylodog]

I don't see where it makes a difference. "I was high" or "I was drunk" aren't or shouldn't be a valid defense to criminal behavior. A good shoot is still a good shoot whether the shooter was high or not.

 

[loudgroove]

If I have too much caffeine, my hands can shake almost like I have Parkinson's disease. Caffeine is also a type of drug. Shaky hands and guns don't really mix too well. It's my opinion that a "responsible" gun owner will be responsible no mater what substance they may introduce to their body. And be responsible with how much they introduce. Marijuana is not my thing, and hasn't been for a very long time. But I also don't look down on people that use it as long as they can keep it under control. Just like alcohol. There are some people that can't keep it under control. And also it's my opinion that everyone but predators like child molesters should have the right to defend themselves.

 

[bwframe]

Who writes the wording of the 4473? Congress or the unelected ATF? That is our real issue here, right?

Using chemicals to intentionally bend the mind is a whole other issue. We have allowed our society to become "medicated" as an answer to all problems. It has created many problems of its own.

 

[Timjoebillybob]

Who writes the wording of the 4473? Congress or the unelected ATF? That is our real issue here, right?

It's not the wording on the 4473, or at least not only that. Fed law prohibits possession of firearms if you partake of marijuana, not just purchase from a ffl. So lets say you own firearms and recently started using for a medical or recreational reason, you are not legally allowed to be in possession of said firearms.

Using chemicals to intentionally bend the mind is a whole other issue. We have allowed our society to become "medicated" as an answer to all problems. It has created many problems of its own.

Which society are you referring to? Intoxicants have been used since the founding of our country, and long before.

 

[Expat]

The problem is, if there's a shooting, the marijuana user will get a drug test that only shows if they've used marijuana within the last MONTH or so.
NOT whether they were under the influence of marijuana at the time of the shooting.

I thought they had tests now to show intoxication to use for OWI for the potheads.

 

[HoughMade]

Ill be filling out the form again next week. I'll see if there are any changes in the questions.

HA!

 

[Kirk Freeman]

I don't see how the gun dealers in like Indy do it. Have been in Indy stores where it was me having a contact buzz like being at Deep Purple in 1986.

Went to a SIG Days event at a place near Broad Ripple a few years ago, I nearly zooked in the bathroom as I just had brunch (I mean it was Broad Ripple, of course I did).

 

[edporch]

I thought they had tests now to show intoxication to use for OWI for the potheads.

Yes, there are tests of varying testing sensitivity levels, but I don't believe there's a RELIABLE test that says conclusively that a person is intoxicated to a measurable level of impairment at the moment of testing like there is with alcohol.

 

[DoggyDaddy]

Yes, there are tests of varying testing sensitivity levels, but I don't believe there's a RELIABLE test that says conclusively that a person is intoxicated to a measurable level of impairment at the moment of testing like there is with alcohol.

I'm pretty sure they could develop a blood test for it, but (and I may be off base here), I thought federal law prohibited a lot of research for anything marijuana-related. I don't know if that would include finding a method to measure for it like they do for alcohol.