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To: right-wing agnostic

Here’s the legal and logical problem with his argument between marijuana legalization in one state being equal to competing neighboring states respective gun laws.

Marijuana is still a controlled substance at the federal level. That’s a fact. That certain states are making it legal for recreational purposes doesn’t override the federal ban.

Therefore one state is taking a federally banned substance easily available in neighboring states due to non-existent interstate commerce laws that are strictly in the purview of the federal government by the constitution.

In the matter of competing gun laws the second amendment is absolute. One state with strict gun laws is acting in an unconstitutional manner having them on the books and interstate commerce of legal products cannot be compared to a federal ban of an illegal substance.

Apples and oranges.


4 posted on 12/19/2014 10:34:39 PM PST by PittsburghAfterDark
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To: PittsburghAfterDark

Exactly.
Barry would love to try and float an imaginary ‘EO’ restricting gun rights, but the rights set forth in the 2nd amendment are fundamental rights: any ‘regulations’ (infringements) by state, local or the feral government on the right to keep and bare arms is subject to strict scrutiny by the courts.
Pot smoking and the 2nd? As you say, apples and oranges.


5 posted on 12/19/2014 10:42:53 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: PittsburghAfterDark

States are not mere administrative districts of FedGov. Guns are viciously restricted in some state, and not in others. New York and Texas are both compliant with all federal gun laws.
New York has always insisted that Virginia is the source of many of its illegal guns. They can even prove that the smuggling exists. But smuggling a legal product into New York doesn’t mean Virginians need their rights restricted.

In their zeal, the antiweed crowd suddenly is the champion of a strong central government. The prohibition of dope has hurt our society and our freedom more than the legal sales of it could have ever hoped to.
In Colorado you can easily avoid dope. You cannot easily avoid the change of the entire destruction the constitution.


6 posted on 12/19/2014 10:47:30 PM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: PittsburghAfterDark
Marijuana is still a controlled substance at the federal level. That’s a fact. That certain states are making it legal for recreational purposes doesn’t override the federal ban.

Many guns are still prohibited at the federal level. That’s a fact. That certain states want to make these legal doesn’t override the federal ban.

I'm sure most people see the contempt expressed for the Second Amendment in that statement.

Do you not see the same contempt for the Tenth Amendment in yours?

7 posted on 12/19/2014 10:50:41 PM PST by Ken H
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To: PittsburghAfterDark

I would think that individual police departments and county law enforcement would be all onto the money-making opportunity here. Get a drug-dog and start pulling over cars that cross the border from Colorado. Find weed? Offer the guy one opportunity to avoid jail by paying a $800 fine on the spot. A town could clear tens of thousands a week with just one drug-dog.


10 posted on 12/19/2014 11:00:42 PM PST by pepsionice
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To: PittsburghAfterDark
"That certain states are making it legal for recreational purposes doesn’t override the federal ban."

Nor does it override the international treaty we signed banning marijuana. A recent article pointed out that "legal" marijuana in Colorado is now being exported to other countries.

44 posted on 12/21/2014 8:03:04 AM PST by offwhite
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