Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Another Federal Judge Rejects the DOJ's Argument That Cannabis Consumers Have No Second Amendment Rights
Reason ^ | April 11, 2023 | Jacob Sullum

Posted on 04/12/2023 7:56:58 AM PDT by Twotone

A federal judge in Texas recently agreed with a federal judge in Oklahoma that the national ban on gun possession by cannabis consumers violates the Second Amendment. Kathleen Cardone, a judge on the U.S. District Court for the Western District of Texas, also concluded that the federal ban on transferring firearms to an "unlawful user" of a "controlled substance," first imposed by the Gun Control Act of 1968, is unconstitutional.

The case involves Paola Connelly, who was charged with illegal possession of firearms under 18 USC 922(g)(3) after El Paso police found marijuana and guns in her home while responding to a domestic disturbance in December 2021. Connelly, who said she used marijuana "to sleep at night and to help her with anxiety," also was charged with violating 18 USC 922(d)(3) by transferring guns to her husband, a cocaine and psilocybin user. Both gun offenses are punishable by up to 15 years in prison.

As a preliminary matter, Cardone held that Connelly's Second Amendment claims were not precluded by prior decisions in which the U.S. Court of Appeals for the 5th Circuit, which includes Texas, upheld Section 922(g)(3). Those decisions, she noted, preceded the Supreme Court's June 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which said gun control laws must be "consistent with the Nation's historical tradition of firearm regulation."

Last February in United States v. Rahimi, the 5th Circuit concluded that Bruen required it to reconsider decisions upholding the federal ban on gun possession by people subject to domestic violence restraining orders. By the same logic, Cardone says in an order published last week, the 5th Circuit's precedents regarding Section 922(g)(3) are no longer binding.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 2a; 53to47; banglist; bruen; cannabis; doj; donutwatch; dubyajudge; federalistsociety; kathleencardone; marijuana; patrickrwyrick; patrickwyrick; trumpjudge; voicevote; wdoklahoma; wdtexas
Navigation: use the links below to view more comments.
first 1-2021-24 next last

1 posted on 04/12/2023 7:56:58 AM PDT by Twotone
[ Post Reply | Private Reply | View Replies]

To: Twotone

Aside from the main topic this is just another example that you should never talk to or interact with police voluntarily.


2 posted on 04/12/2023 8:06:07 AM PDT by RightOnTheBorder
[ Post Reply | Private Reply | To 1 | View Replies]

To: Twotone
Hey, anyone can buy, possess, and carry a gun--drug users, mentally ill, homosexuals, domestic abusers, socialists, communists, BLM, Antifa, illegal aliens, felons, Democrats. What possibly could go wrong? /s

And they more they have firearms and commit violence, the more we will see calls for gun control.

3 posted on 04/12/2023 8:06:58 AM PDT by Reno89519 (Go Woke, Go Broke. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519

Indeed, no rights for anyone who has ever consumed a beer or glass of wine either. /s


4 posted on 04/12/2023 8:09:45 AM PDT by KEVLAR ( )
[ Post Reply | Private Reply | To 3 | View Replies]

To: Twotone

There is no ‘Except for’ clause..............What part of “shall not be infringed.” do they not understand?.......................


5 posted on 04/12/2023 8:10:36 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Twotone

We have entered a phase of political contamination of the legal system, even to the highest levels. People now fear government, and they should. History is calling out that it appears that 3 elected Presidents have been destroyed by the Intelligence and legal apparatus of the United States Government. JFK, Nixon, and Donald Trump. At the same time, elements of political parties have prosecuted individuals for self defense. We now have a federal law enforcement group infiltrating catholic churches for ‘domestic terrorists’ while they still haven’t stopped or maybe targeted Antifa, BLM, and ‘sexual oriented’ terror groups. The current administration appears to have taken money from unfriendly governments, both while running for re-election in 2012 and leading up to the 2020 election. The US currency, economy, and average worker and taxpayer is being assaulted. I don’t think anyone on these boards will disagree with these facts.

The point is, this is not the time for an unarmed public. Since I believe this to be the essential point of the Second Amendment, tyrannical government, if your not under custody you should be armed. If they are to dangerous to have a gun, they are to dangerous to be in public.


6 posted on 04/12/2023 8:13:12 AM PDT by Pete Dovgan
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519
Yep, even idiots like you are allowed to carry a gun. I think it has something to do with that 2nd Amendment "shall not be infringed" thing I was reading about the other day.

You should look into that just to make sure you're not in one of the restricted classes they list.

7 posted on 04/12/2023 8:21:36 AM PDT by Garth Tater (September 11: The New Pearl Harbor -- on Rumble and Youtube)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Pete Dovgan

Well this is how our government power brokers view its citizens. All of us are dangerous, either being criminals that they excuse, or those that want to defend against the criminals they excuse, and so all of us are dangerous and therefore, should not have weapons.


8 posted on 04/12/2023 8:25:18 AM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Twotone

it is gettign to the point where all the legal law abiding citizens will have to become criminals in order to have any rights left-


9 posted on 04/12/2023 8:26:17 AM PDT by Bob434 (question )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Garth Tater

Did you miss the /s ?


10 posted on 04/12/2023 8:26:36 AM PDT by doorgunner69 (Let's go Brandon)
[ Post Reply | Private Reply | To 7 | View Replies]

To: KEVLAR
Indeed, no rights for anyone who has ever consumed a beer or glass of wine either. /s

Marijuana is a Schedule 1 substance. Alcohol isn't.

11 posted on 04/12/2023 8:27:37 AM PDT by AlaskaErik (There are three kinds of rats: Rats, Damned Rats, and DemocRats.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: doorgunner69
>>Did you miss the /s ?

No I didn't, but don't worry, I don't think reading comprehension interferes with your right to carry a gun either.
12 posted on 04/12/2023 8:36:56 AM PDT by Garth Tater (September 11: The New Pearl Harbor -- on Rumble and Youtube)
[ Post Reply | Private Reply | To 10 | View Replies]

To: AlaskaErik
Marijuana is a Schedule 1 substance.

Yes, it's true... and that fact is, to quote George Carlin, "Bullsh!! of EPIC PROPORTIONS."

To be a Schedule 1 narcotic, a drug has to have been found to have no legitimate medical use. A great many people who use medical cannabis would beg to differ on that point.

13 posted on 04/12/2023 8:40:24 AM PDT by Oberon (John 12:5-6)
[ Post Reply | Private Reply | To 11 | View Replies]

To: AlaskaErik
"Marijuana is a Schedule 1 substance. "

And that designation is completely arbitrary. Objectively, marijuana is less dangerous than alcohol.

I have personally witnessed two different people shatter their own hand punching a wall while drunk. I've also seen drunk people start fights for no good reason, shout and carry on for no good reason, and break things either intentionally or accidentally.

I have never seen someone high on marijuana do much more than ravage a bag of Cheetos.

14 posted on 04/12/2023 8:41:08 AM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell>)
[ Post Reply | Private Reply | To 11 | View Replies]

To: AlaskaErik

“Marijuana is a Schedule 1 substance. Alcohol isn’t.”

That’s one of the weakest arguments for gun control I’ve ever heard.


15 posted on 04/12/2023 8:42:58 AM PDT by Magic Fingers (Political correctness mutates in order to remain virulent.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: AlaskaErik
Marijuana is a Schedule 1 substance. Alcohol isn't.

Prior to 1971 it wasn't. (Thanks, Dick Nixon!)

And, alcohol was banned at one point in this country, but at the time, marijuana wasn't, so there's that.

Please show where in the 2nd Amendment it says, 'except for...'

16 posted on 04/12/2023 8:43:35 AM PDT by Ol' Dan Tucker (For 'tis the sport to have the engineer hoist with his own petard., -- Hamlet, Act 3, Scene 4)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Bob434
The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws

Ayn Rand

17 posted on 04/12/2023 9:06:12 AM PDT by Roccus (Veritas, non verba magistri)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Twotone

Bruen continues to pay dividends. Thank you Justice Thomas!


18 posted on 04/12/2023 9:54:28 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AlaskaErik
Marijuana is a Schedule 1 substance. Alcohol isn't.

Who cares? The second amendment reads "shall not be infringed". That's fairly clear to most people who can actually read and comprehend English.

19 posted on 04/12/2023 9:58:46 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: AlaskaErik

That does not affect the nonsensical nature of your statement, or mine.

Are you suggesting alcohol is a benign substance that does not have a large mortality cost associated with it?

Or do you just trust every bit of nonsense our government puts out?


20 posted on 04/12/2023 10:53:43 AM PDT by KEVLAR ( )
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-24 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson