Posted on 09/29/2011 9:35:55 AM PDT by LonelyCon
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.
Federal law already makes it illegal for someone to possess a gun if he or she is "an unlawful user of, or addicted to" marijuana or other controlled substances.
A Sept. 21 letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives, issued in response to numerous inquiries from gun dealers, clarifies that medical marijuana patients are included in that definition. "There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law," said the letter by Arthur Herbert, the ATF's assistant director for enforcement programs and services.
Federal firearm licensees, or FFLs, can't sell a gun to someone who answers "yes" when a required form asks whether the buyer is a controlled substance user.
Last week's letter also says that licensed dealers can't sell a gun or ammunition if they have "reasonable cause to believe" the buyer is using a controlled substance.
That includes if the buyer presents a medical marijuana card as identification, or if the buyer talks about drug use, having a medical marijuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.
(Excerpt) Read more at msnbc.msn.com ...
Agreed.
I got a Question How many ATF officers smoke pot Cops ,Lawyers,Congressmen and or Congresswomen Firemen,EMS workers ?
How many of them take your life into their hands everyday with a gun or a needle ?
Think about it i bet every person ere knows someone who smokes pot and or has smoked it and don’t think one the less of them for it either because they are friends or because of their standing in the community if you don’t know anyone who smokes pot then you either live a very sheltered life or they hide it from you so you won’t think any lesser of them think about it hard because you know it’s true don’t lie to yourself anymore !
Maybe that’s why Obarf wants all of our medical records.
Two words: States Rights
Could be.
From the article:
Federal law already makes it illegal for someone to possess a gun if he or she is "an unlawful user of, or addicted to" marijuana or other controlled substances.
Start with that, and then apply the same standard for what "addicted to" means that they use to determine what "interstate commerce" means, and see how it works out.
One word, yawn.
sarc
Brilliant retort!
/sarc
“Federal firearm licensees, or FFLs, can’t sell a gun to someone who answers “yes” when a required form asks whether the buyer is a controlled substance user.”
What is the penalty if you have Marijuana recommendation from a doctor and you answer “no” on the form. What is the chance that you would get caught?
Flame bait.
“Do people with codeine have a right to bear arms? What about oxi? Prescriptions are prescriptions, even if the fed doesn’t like some of them.”
State law here is that you can’t carry concealed or openly if you are in a state of intoxication, but just having the prescription doesn’t mean you have to turn your guns in.
All sensible. And of course not what the ATF is hoping for at all.
My sister has threatened to kill me.
She takes time-released morphine, and to keep the nausea down, smokes marijuana. Yes, she has a medical license to do so.
At age 55 she was awarded SSI due to a “Personality Disorder”. The holes of inactivity in her brain scans were caused by heavy drug use from the age of 13 on. Decades long studies in Switzerland and Sweden have shown that early teenage use of marijuana causes a 600% chance of an individual developing schizophrenia. She is severely afflicted with bipolar disorder and is borderline schiz. Because she is in constant pain without narcotics, the doctors have prescribed the drugs, and since she has no income, the taxpayer foots all the bills.
And you think a person like my sister should be allowed to have guns?
Only if you’re a statist.
Enforce laws on the books.
If the law is unconstitutional challenge it in court.
If you just don’t like it, work to have it removed or superseded.
A large factor in the decline of America and the American culture is the fact we have gone from priding ourselves on being a nation of laws to the point we are now largely a nation of scofflaws.
There is little respect for laws, rules, conventions or traditions. The public sees the corruption, cheating and evasion from the top down throughout our society.
Individuals and organizations from the President and the federal government down to the student copping a joint behind the school believe they should not have to observe or comply with laws they do not like or agree with.
The president, bureaucrats, state governors and others in positions of governmental responsibility regularly and routinely violate their oaths of office and the public trust when they decide which laws they want to enforce and which laws they want to evade, violate or ignore.
Most now seem to subscribe to the Charley Rangel code of ethics: Don’t do as I do, do as I say.
I'd sure like to see that statute.
http://www.gpo.gov/fdsys/pkg/USCODE-2009-title18/html/USCODE-2009-title18-partI-chap44.htm
"(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—"(3) is an unlawful user of or addicted to any controlled substance (as defined in section [8]02 of the Controlled Substances Act (21 U.S.C. 802));"
http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/html/USCODE-2010-title21-chap13.htm
802 Definitions"(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter."
812. Schedules of controlled substances
Schedule I
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(10) Marihuana.
The Federal Government does not recognize "Medical Marijuana" as a legitimate medical treatment.
My , great grandpa on my great grand mothers side, is buried at Gettysburg, he wore a gray uniform, what was your sorry ancestors doing about states rights. Five other family members made it home after the war and one of them lived the rest of his life with a black woman.
No enumerated power was ever granted by the States that authorizes Congress to create and empower the DEA to prosecute the domestic drug war. Until they do, that authority still rests with the States.
ping
And you think a person like my sister should be allowed to have guns?
If I had a brother who was a violent ex-con, and also took medical marijuana, it would be the same.
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