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ATF claims itís illegal to sell guns to users of medical marijuana
benningtonbanner.com ^ | 28 September, 2011 | AP

Posted on 09/30/2011 7:38:21 AM PDT by marktwain

HELENA, Mont. (AP) -- Firearms dealers in states that allow medical marijuana can’t sell guns or ammunition to registered users of the drug, a policy that marijuana and gun-rights groups say denies Second Amendment rights to individuals who are following state law.

(Excerpt) Read more at benningtonbanner.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 10thamendment; atf; banglist; batfe; batfeisajoke; constitution; poundsandbatfe
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More centralizing of power in the name of the war on some drugs.
1 posted on 09/30/2011 7:38:31 AM PDT by marktwain
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To: marktwain

that’s funny!

they’re both idiots, the atf and marijuana users.

the atf’s selling guns to cartels.


2 posted on 09/30/2011 7:40:17 AM PDT by ken21 (ruling class dem + rino progressives -- destroying america for 150 years.)
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To: marktwain

But, it’s NOT illegal to buy weapons with my tax dollars and give them to drug cartels?


3 posted on 09/30/2011 7:40:34 AM PDT by Edgar3 (Don't THREAD on me!)
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To: marktwain

Let me drop this out there for you.

“pseudoephedrine”, a decongestant allergy treatment, is “a controlled substance” now.


4 posted on 09/30/2011 7:40:34 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: marktwain

Can they sell guns to alcoholics?


5 posted on 09/30/2011 7:41:11 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: marktwain

The next president needs to abolish the Bureau of Alcohol, Tobacco and Firearms. And the EPA, the Department of Education, the TSA......


6 posted on 09/30/2011 7:42:00 AM PDT by july4thfreedomfoundation (Obama inherited a mild recession from George W. Bush and turned it into a major depression.)
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To: marktwain

Will they also be required to post a sign saying ‘This stash unguarded’ in a prominent place?


7 posted on 09/30/2011 7:42:10 AM PDT by posterchild
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To: marktwain

Sorry, I’m actually with the ATF on this one, until such time as the 4473 form is changed to exclude marijuana. That’s a whole different argument, and I might be opposed to that exclusion, since (by experience) I know full well Kind Bud can alter your perception. You need best-perception to handle firearms.


8 posted on 09/30/2011 7:42:43 AM PDT by Lazamataz (Michael Moore: Aggressively Hypocritical and Smug About It.)
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To: marktwain

But no problem selling a weapon to someone that stops at the liquor store on his way home.


9 posted on 09/30/2011 7:43:08 AM PDT by stuartcr ("Everything happens as God wants it to...otherwise, things would be different.")
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To: july4thfreedomfoundation

Yep, ALL executive regulatory agencies need to be abolished.
If a policy with the force of law needs to be enacted, let (make) Congress do it.


10 posted on 09/30/2011 7:43:38 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: ken21
the atf’s selling guns to cartels.

And marijuana users are selling.... well, they don't have any guns.

11 posted on 09/30/2011 7:43:38 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: marktwain

Basically means card-carrying liberals can’t buy guns. Since liberals are gun-haters who attach super mystical black-magic powers to the gun itself, it is doubtful any of them want the guns anyway. On the whole, this will inconvenience a grand total of three people in the entire country.


12 posted on 09/30/2011 7:43:45 AM PDT by Thane_Banquo
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To: marktwain

But it’s okay to sell weapons to DRUG SMUGGLERS all day...............


13 posted on 09/30/2011 7:44:08 AM PDT by Red Badger (We cannot defeat an enemy that the president and hence his administration cannot name.......)
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To: Lazamataz
I know full well Kind Bud can alter your perception.

I'm pretty sure Schlitz can alter your perception as well.

14 posted on 09/30/2011 7:45:40 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: marktwain

ATF has outlined its purpose - if it ever had one.

Its time this GESTAPO of paramilitary thugs was defanged permanently and “Fast and Furious” is the tonic with which to purge it - permanently.


15 posted on 09/30/2011 7:46:40 AM PDT by ZULU (DUMP Obama in 2012)
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To: marktwain
So let me get this straight...

People in compliance with state laws, and (if addicted) entitled to special protections under provisions of the federal "Americans With Disabilities Act," are disqualified from protections guaranteed by the Constitution...

...this absurdity is perverse and reflects the absence of clarity and consistency that is inevitable when society and its representative government have no moral compass or guiding philosophical principles.

It will get worse.

16 posted on 09/30/2011 7:46:54 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: july4thfreedomfoundation

And your list keeps growing & growing & growing! (as well it should!)


17 posted on 09/30/2011 7:48:59 AM PDT by Fighter@heart (Ask The American Indian how ignoring immigration worked out for them!!! WAKE UP!!)
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To: UCANSEE2
Which one of these three doesn't belong?


18 posted on 09/30/2011 7:49:36 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: UCANSEE2

I’m pretty sure Schlitz can alter your perception as well.

THC does alter one’s perception of depth, that’s one of the arguments to create laws for driving while high from smoking dope.


19 posted on 09/30/2011 7:49:49 AM PDT by Morpheus2009
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To: Lazmataz

OOPS, post #18 was supposed to be to you.

: )


20 posted on 09/30/2011 7:50:33 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: MrB

And Zero wants all your medical records under Obamacare.


21 posted on 09/30/2011 7:51:25 AM PDT by hope
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To: marktwain
ROUGE department works against American freedom!! Anyone else in favor of getting rid of the USA Gestapo, oh, I mean the ATF?
22 posted on 09/30/2011 7:53:51 AM PDT by drypowder
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To: Morpheus2009
THC does alter one’s perception of depth, that’s one of the arguments to create laws for driving while high from smoking dope.

There should be laws (and are) that deal with driving while high.

23 posted on 09/30/2011 7:54:13 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: Morpheus2009

A drunk and a pot head pull up to a stop sign. The drunk crashes it, while the pot head waits for it to turn green.


24 posted on 09/30/2011 7:56:27 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Joe 6-pack
People in compliance with state laws, and (if addicted) entitled to special protections under provisions of the federal "Americans With Disabilities Act," are disqualified from protections guaranteed by the Constitution...

...this absurdity is perverse and reflects the absence of clarity and consistency that is inevitable when society and its representative government have no moral compass or guiding philosophical principles.


That sums it up pretty darn well.
25 posted on 09/30/2011 7:57:12 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Lazamataz
Sorry, I’m actually with the ATF on this one, until such time as the 4473 form is changed to exclude marijuana.

I think the form has enough flexibility. The question, IIRC, is "Are you an *unlawful* user of or addicted to...", which already has by its structure an allowance for lawful use of marijuana. At least, that's the most recent version I can recall. God knows, they get perverse pleasure out of revising that form.

ATF is simply remaining true to form, making up new ways to screw with law-abiding Americans.

26 posted on 09/30/2011 8:04:04 AM PDT by Charles Martel (Endeavor to persevere...)
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To: UCANSEE2

Plenty of states have laws against possession of a firearm while intoxicated (alcohol or otherwise).


27 posted on 09/30/2011 8:09:19 AM PDT by Lazamataz (Michael Moore: Aggressively Hypocritical and Smug About It.)
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To: Lazamataz

I don´t recall the Constitution saying all that.


28 posted on 09/30/2011 8:10:46 AM PDT by onedoug (If)
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To: hope

Him first.


29 posted on 09/30/2011 8:12:23 AM PDT by onedoug (If)
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To: marktwain
I knew that was coming. I told a friend about a year ago that getting a MM card might compromise a person's legal standing to KABA.

Now why doesn't that apply to everyone who shops at a liquor store or has a scrip for a narcotic or psychotropic drug? Especially those psychotropic Rxs that keep turning kids into psychotic killing machines.

30 posted on 09/30/2011 8:13:03 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: marktwain
Yesh, but it is legal for the ATF to sell illegal guns to the drug cartels!

Go figure!

31 posted on 09/30/2011 8:17:06 AM PDT by Redleg Duke ("Madison, Wisconsin is 30 square miles surrounded by reality.", L. S. Dryfus)
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To: onedoug

Neither do I. But I do recall a lot of Court decisions saying these restrictions passed Constitutional muster. Your argument is with them.


32 posted on 09/30/2011 8:20:30 AM PDT by Lazamataz (Michael Moore: Aggressively Hypocritical and Smug About It.)
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To: Morpheus2009

Its called Marijuana not “dope”


33 posted on 09/30/2011 8:21:04 AM PDT by Moleman
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To: MrB

and many states keep records of who buys it.

Your thought isn’t far-fetched at all.


34 posted on 09/30/2011 8:25:09 AM PDT by WoofDog123
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To: Lazamataz
I know full well Kind Bud can alter your perception. You need best-perception to handle firearms.

Lots of things alter perception. OTC cold meds. Driving for 10 hours straight. A couple of Bel Havens and a bowl of XXXhot green chile. Either a person has the judgment to leave their guns parked and in neutral when they're not thinking clearly or they don't. How do you legislate for and regulate that?

And when it comes to self defense should you be required to be perfectly sober and your reflexes in top form? Such as "no shooting under the hyperglycemic effects of too many donuts?"

35 posted on 09/30/2011 8:25:54 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: MrB

You must have been reading my posts....or have I been channeling you? ;-)


36 posted on 09/30/2011 8:36:26 AM PDT by Pecos (O.K., joke's over. Time to bring back the Constitution.)
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To: Thane_Banquo

You ought to visit earth sometime. Things are different here.


37 posted on 09/30/2011 8:37:05 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: marktwain

Hey, ATF: it’s also illegal to sell guns to Mexican drug cartels.


38 posted on 09/30/2011 8:39:43 AM PDT by 5thGenTexan
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To: Joe 6-pack
...this absurdity is perverse and reflects the absence of clarity and consistency that is inevitable when society and its representative government have no moral compass or guiding philosophical principles.

You make it sound like we live in a country where state governors openly suggest that we suspend elections.

39 posted on 09/30/2011 8:40:15 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: 5thGenTexan

We need to defund the ATF.


40 posted on 09/30/2011 8:50:07 AM PDT by Brownie63
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To: marktwain
Um, as I recall, there are no restrictions on sale of guns or ammo to individuals who have prescriptions for other possibly mind-altering drugs.

Having said that, I am not a fan of so-called 'medical marijuana' as I am not convinced of it's value. Also, it certainly seems that in states that allow it, almost anyone can get a "prescription".

41 posted on 09/30/2011 8:52:10 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: marktwain
Stevens wrote the opinion that held that the Constitution allows federal regulation of homegrown marijuana as interstate commerce.

Obama appeals health care setback to high court (Stevens: Health-Care Law Has Precedent)

I wonder how the Drug Warriors will feel when the same precedent that upheld their anti-some-drug laws are used to uphold the individual mandate.

42 posted on 09/30/2011 9:09:46 AM PDT by douginthearmy
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To: Lazamataz
Plenty of states have laws against possession of a firearm while intoxicated (alcohol or otherwise).

They don't seem to be very well enforced.

43 posted on 09/30/2011 11:25:49 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: marktwain
.... Second Amendment rights to individuals who are following state law ....

The Second Amendment deals with constitutionally protected rights regarding firearms and the USSC has ruled that government has the legislative authority to narrowly control who can and can not have access to them and thus is a Federal law and currently if I'm not mistaken a state law does not supersede nor supplant a federal law. If I'm not mistaken federal statute still makes possession and or use of marijuana a federal offense. Therefore is it not a crime to sell a gun to a known drug possessor or user under federal law?

44 posted on 09/30/2011 12:39:28 PM PDT by Ron H. (Loving my Deering Goodtime 2 Classic 5-stringer)
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To: Dr. Bogus Pachysandra
A drunk and a pot head pull up to a stop sign. The drunk crashes it, while the pot head waits for it to turn green.


45 posted on 09/30/2011 12:44:05 PM PDT by Ron H. (Loving my Deering Goodtime 2 Classic 5-stringer)
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To: Ron H.

>Therefore is it not a crime to sell a gun to a known drug possessor or user under federal law?

Considering the law which makes it illegal is illegitimate (GCA of 1968) because it is an Ex Post Facto law (it altered the sentences of all felons, even if they’d already been served, to include the prohibition of firearms)... No, it’s not illegal. {Though the government will claim otherwise, because if they admit the invalidity they lose a lot of power.}


46 posted on 09/30/2011 4:16:59 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: marktwain

It is, however, perfectly legal to sell Assault Weapons (in the ATF’s own vernacular) to stooge “Gunwalkers” dozens at a time, who immediately transport these ATF ASSAULT WEAPONS to Mexican Criminals across the border - Perfectly Legal - right. FUATF


47 posted on 09/30/2011 4:21:29 PM PDT by Gaffer
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To: Ron H.
Sounds like an apologia for gun restrictions under the New Deal Commerce Clause.

Do you believe in a living, breathing Constitution on some issues?

48 posted on 09/30/2011 4:54:31 PM PDT by Ken H
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To: Ken H

No, no it doesn’t any in the least. And since when has ANY state law EVER superseded federal law? Maybe it has in some distant past but I for one am not aware of it at any time before. It has nothing to do with the commerce clause or any interpretation of it.


49 posted on 09/30/2011 10:08:12 PM PDT by Ron H. (Loving my Deering Goodtime 2 Classic 5-stringer)
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To: OneWingedShark
Sounds just like one of those cases where you MIGHT beat the rap but you'll certainly not beat the ride. Seriously though, I don't think we are the arbiter of how the constitution gets interpreted. That lies solely withing the jurisdiction of the Supreme Court of the land no matter what we serfs otherwise think or believe.

You may or may not be right but it doesn't matter one way or the other. Possess illicit drugs while also in the possession of a firearm and let a LEO catch you then you may want to pack an overnight bag for an extended stay at their quarters.

50 posted on 09/30/2011 10:15:28 PM PDT by Ron H. (Loving my Deering Goodtime 2 Classic 5-stringer)
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