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Posted on 08/09/2022 5:29:00 AM PDT by Brilliant
The U.S. Department of Justice told a Florida federal judge on Monday that the Sunshine State's medical marijuana patients had no Second Amendment right to possess firearms since they were breaking a federal law.
The DOJ's brief was filed in response to a lawsuit brought by the commissioner of the Florida Department of Agriculture and Consumer Services and three Florida residents, who allege a federal rule barring medical marijuana patients from having guns is unconstitutional.
In its motion to dismiss the case or secure a favorable judgment, the government countered that the policies being challenged by the lawsuit only apply to people who use illegal drugs, specifically cannabis, and therefore do not restrict the Second Amendment rights of law-abiding citizens.
"These laws merely prevent drug users who commit federal crimes by unlawfully possessing drugs from possessing and receiving firearms, and only for so long as they are actively engaged in that criminal activity," the government said.
Citing a medical consent form promulgated by Florida marijuana regulators, the DOJ noted that marijuana "impairs judgment, cognition and physical coordination, including 'the ability to think, judge and reason.'"
The DOJ added that there was a deeply rooted practice in American law and policy of not allowing dangerous or lawbreaking individuals to possess firearms.
"A long tradition exists of viewing intoxication as a condition that renders firearms possession dangerous, and accordingly restricting the firearms rights of those who become intoxicated," the brief said...
Read more at: https://www.law360.com/florida/articles/1519290/doj-says-medical-pot-patients-have-no-right-to-bear-arms?nl_pk=bf582b99-a2b7-4833-bdaa-321c30e1409b&utm_source=newsletter&utm_medium=email&utm_campaign=florida&utm_content=2022-08-09?copied=1
(Excerpt) Read more at law360.com ...
Yes, and the prohibition regarding purchase/ possession of arms is restricted to users of illegal drugs. Just as it is with legal drugs/alcohol, can’t be under the influence, not a lifetime ban because you frank a beer yesterday, or smoked a joint in the past. A toxicology expert can fill us in with an opinion regarding How long one may be under the influence of a drug.
Given what went down at Mar-A-Lago last night, the DOJ’s ruling can pound sand. As long as the stupid pot doesn’t interfere with their trigger discipline, they can carry away, as far as I’m concerned.
So, what are they going to do about Nikki Fried?
But it has by a vote of the citizens of each state. Your argument falls flat. The crap is legal and the way it looks, it won’t be long until Pot is legal in all 57 states, (Obama’s America), what then?
Or smoke too much or eat too much
“MJ is a controlled substance with no proven medical use. Being stoned is not a therapy. I know many freepers libertarian streak will call for my “stoning”, but this is truth.”
Cannabis actually contains hundreds of known active compounds and most do not get you stoned at all. Not a single one has been found to be toxic or have damaging withdrawal at any dose (unlike nearly all other drugs).
The endocannabinoid system modulates almost every aspect of the body and there are so many still undiscovered treatment possibilities. We are only now learning the full potential in a few jurisdictions since research was ridiculously banned for so long.
And even among the few compounds that DO get one stoned as a side effect, they are far less impairing and less likely to cause addiction than many other medicines that are perfectly legal.
Opiods, benzos, hypnotics, amphetamines, etc (even medical meth!) are all legal for prescription by any doctor in ALL 50 states. Many even to children. Yet there is no roadside test for them even though many are far more impairing than any cannabis.
Many of these Rx drugs are PROVEN to have potential side effects like blackouts, violence and suicide. It says right on the label with a skull&bones yet no restrictions on gun ownership for them.
The law banning medical use of cannabis is clearly NOT for our protection...
How will they know?
I walked in off the street - they didn’t ID me at all.
There are plenty of people willing to justify this violation of 2nd Amendment rights on law-abiding Americans because they feel it doesn’t impact them.
What they fail to see is that next time it will be their own 2nd Amendment rights violated, impinged on, or eliminated in some way, shape, or form.
Sure. Dope has all sorts of benefits. Been reading that for decades.
Regardless, the mind altering effects are still the issue. Just as it is with alcohol, prescription meds and other substances.
Doesn’t matter if prescription or illicit, impaired is impaired.
But, we agree that possessing arms when not under an impaired influence is not the issue.
A pot user is under an influence.
A person who used pot sometime in the past is not prohibited.
Do they qualify for the ban too?
So how will they treat our military special ops who run missions while on performance enhancing drugs like meth?
No alcohol does not break federal law
That is my point in my post above.
How about if you are classified as an “election denier”.
Or if you have a Gadsden Flag outside your house?
Or if you are on record as having attended a Town Meeting to speak out against homosexual groomers inclusion into an educational system?
Oh, that will never happen, many of these people will say. Our government would never go to THOSE lengths to deny 2nd Amendment rights to any citizens.
They will say that with a straight face, probably even after you say “Do you remember a time in this country when the house of a former President wasn’t being raided on a fishing expedition for purposes of a political persecution? Or Transvestites weren’t being invited to read books to grade schoolers? Or a candidate for The Supreme Court said that she could not define a “woman”? Do you remember any of those things? And you still want to tell me this silly 2nd Amendment thing would never happen?”
The 4473 form includes a question on drug use. There are legal ways to do firearm transfers without a 4473, but none through a FFL. Lying on the 4473 is the crime.
By the way, I agree that the setup is “inappropriate.” I think it’s beyond inappropriate. I certainly wouldn’t deny arms to white collar felons.
Yeah, but they are impaired....
Same as an inebriated or drugged (on prescription meds) driver, pilot, plumber etc.
Ors right to their stupidity ends at my right to their sobriety...
Only people who choose or refuse the same intoxicants as do I, have rights.
No, we just don’t care what you say and laugh at you. You and other prohibitionists aren’t even worth stoning.
I missed the “shall not be infringed unless you’re smoking a blunt” part of the Second Amendment...
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
Thank the Lord Garland isn’t on SCOTUS.
5.56mm
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