Ruling - Ban on marijuana users owning guns is unconstitutional

[Voluntarist]

Ban on marijuana users owning guns is unconstitutional, U.S. judge rules

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.

 

[TheTexan]

Wyrick said that while the government can protect the public from dangerous people possessing guns

Where in the 2nd amendment does it say that exactly?

 

[69360]

The federal courts also just ruled thurday that those who have a domestic violence restraining order can not be prohibited.

 

[Swordsmyth]

You can thank Trump for his SCOTUS picks.

 

[Anti Globalist]

Danno is probably happy to hear this ruling.

 

[oyarde]

Where in the 2nd amendment does it say that exactly?

I've basically come to conclusion that judges , having been lawyers and gone to law school do not have the necessary aptitude to actually comprehend law. Only resonable experiment left to try is selecting judges who do not have these mental handicaps.

 

[69360]

You can thank Trump for his SCOTUS picks.

That is true, it's one of the good things he accomplished. There was a lot of stupid that went along with the good unfortunately. But credit where credit is due to Trump.

 

[DamianTV]

Mary Jane bad! Anti Depressants, A-Okay!!!

 

[Matt Collins]

Gun owners, pot smokers, and the new law:

https://www.youtube.com/watch?v=PruL0nKXPXI​

 

[Occam's Banana]

https://www.youtube.com/watch?v=PruL0nKXPXI​

That video is a shorter, edited version of the original video. The description text of that video also omits the description text of the original, which contains material Grieve references in the video. Here is the original video with its full description text:

DISGUSTING what PROSECUTORS argue: Judge strikes down ban THC+Firearms
https://www.youtube.com/watch?v=UzouTgf5y4Y
Tom Grieve | 06 February 2023

18 USC 922(g)(3) outlaws the possession of a firearm if you are a user of or addicted to any controlled substance, schedule I-V. This most notably includes THC, which is lawful for medical use in 37 states, recreational use in 21 states, and remains criminalized in only 11 states.

US v Harrison, Western District ct of Oklahoma

Legal discussion topics:
1. Bruen: “law abiding citizen”
2. Who bears burden of proof that laws are part of historical tradition or not
3. Government argues tradition of keeping “presumptively risky” people like felons and mentally ill from possession, should extend to THC because it is “unvirtuous”

18 USC 922(g)(3)
(g)It shall be unlawful for any person—
(3)who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Addict definition comes from 21 USC 802
(1)The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.

Section 922(g)(3) does not have deep roots; it wasn’t enacted by Congress until the Gun Control Act of 1968.5 The statute initially prohibited any individual who was “an unlawful user of or addicted to marihuana or any depressant or stimulant drug . . . or narcotic drug” from receiving a firearm,6 but it was amended in 1986 to broadly prohibit the receipt or possession of a firearm by any person who “is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”7 In its modern form, § 922(g)(3) thus strips a person of their fundamental right to possess a firearm the instant the person becomes an “unlawful user” of marijuana. And in the United States’ view, all users of marijuana are “unlawful users.”

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. Be an adult. If you want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Link for Court Ruling in US . Harrison [PDF file]
https://fingfx.thomsonreuters.com/gfx/legaldocs/zdpxdnqykpx/02032023harrison.pdf

Link to attorney Tom Grieve's brief bio
https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

 

[Voluntarist]

So then, how are you supposed to answer the "Marijuana" question on your application to purchase a firearm?


Edited to add:
Given the court decision, the question is irrelevant; but if you lie you can be prosecuted for perjury, and if you tell the truth then you can be prosecuted for violating federal drug statutes (and they have your sworn testimony to it).

ATF Form 4473:

21. Answer the following questions by checking or marking either the “yes” or “no” box to the right of the questions:
g. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside

 

[PAF]

So then, how are you supposed to answer the "Marijuana" question on your application to purchase a firearm?

Someday the word Agorist will be in the spell-checker dictionary.




[MENTION=16095]nobody's_hero[/MENTION]