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Federal Judge Rules Banning Guns for Marijuana Users is Unconstitutional

Posted on 2/6/23 at 1:37 pm
Posted by Beardlington
Member since Dec 2022
859 posts
Posted on 2/6/23 at 1:37 pm
LINK /

A federal judge in Oklahoma, however, has ruled that prohibiting individuals from gun ownership because of marijuana use is unconstitutional.

U.S. District Judge Patrick Wyrick, a Trump appointee, ruled that being a user of the plant does not justify the disarming of citizens: “…the mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearm regulation supports.”
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/6/23 at 1:41 pm to
quote:

Banning Guns for Marijuana Users
Was the legislature concerned that someone would get the munchies and try to EAT a gun?

Of course, iF SCOTUS would just ditch the moronic Incorporation Doctrine, each State could make the call for itself.
This post was edited on 2/6/23 at 1:52 pm
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67007 posts
Posted on 2/6/23 at 1:44 pm to
Good. This ruling better hold up on appeals.
Posted by NCIS_76
Member since Jan 2021
5246 posts
Posted on 2/6/23 at 1:46 pm to
...
This post was edited on 2/6/23 at 1:52 pm
Posted by boosiebadazz
Member since Feb 2008
80182 posts
Posted on 2/6/23 at 1:47 pm to
Rationale works for all drugs. The Founders didn’t know about meth so how could they have contemplated a prohibition of guns and meth?

Also works on felon in possession laws too. I see no such prohibition in the plain text of the document.
This post was edited on 2/6/23 at 1:48 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
259931 posts
Posted on 2/6/23 at 1:48 pm to
quote:

ruled that being a user of the plant does not justify the disarming of citizens: “


This is what was once known as common sense.
Posted by Padme
Member since Dec 2020
6140 posts
Posted on 2/6/23 at 1:48 pm to
Completely insane that this would even have anyone support it.
Posted by Squirrelmeister
Member since Nov 2021
1753 posts
Posted on 2/6/23 at 1:48 pm to
I posted this yesterday.

Every gun law is an unconstitutional infringement.
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 2/6/23 at 1:50 pm to
Good ruling. Shouldn't have even been up for debate tbh.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
15872 posts
Posted on 2/6/23 at 1:52 pm to
Not sure how I feel on this one. Pot is still a prohibited substance at the federal level.
Posted by Pilot Ace
Member since Feb 2023
30 posts
Posted on 2/6/23 at 1:52 pm to
We should ban marijuana for gun owners though.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
259931 posts
Posted on 2/6/23 at 1:54 pm to
quote:

Not sure how I feel on this one


I can't imagine feeling any other way but pleased, because its common sense.
Posted by The_Big_Sib
Member since Nov 2022
76 posts
Posted on 2/6/23 at 1:58 pm to
quote:

Rationale works for all drugs. The Founders didn’t know about meth so how could they have contemplated a prohibition of guns and meth?

Also works on felon in possession laws too. I see no such prohibition in the plain text of the document.


Really glad to see you support textualism, plain ordinary meaning, and originalist ideology here in regards to gun laws.

Individual Libertarianism is the foundation of this country, where life, liberty, and property cannot be restricted without due process.

Now, let us look at the plain ordinary language of the Constitution and see where in the aforementioned document is the language that allows, third parties, absent of firsthand personal knowledge, to make decisions regarding healthcare, and of course never have to deal with the consequences of being wrong.

Just a question I have for you when we are using the rules of interpretation...do we only use them when we want? Or do we switch to purposivism when the results don't fit our personally held bias?

Asking for a friend

"The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation." William Blackstone

Posted by Beardlington
Member since Dec 2022
859 posts
Posted on 2/6/23 at 1:58 pm to
quote:

Not sure how I feel on this one. Pot is still a prohibited substance at the federal level.


so what other enumerated rights do they lose, the right to vote, the right to assemble, the right to exercise their religion, the right to freedom of speech?

Posted by CountryVolFan
Knoxville, TN
Member since Dec 2008
2969 posts
Posted on 2/6/23 at 2:05 pm to
Meanwhile in pretty much every state if you have a MISDEMEANOR Domestic Assault conviction, you can't own a firearm.

And worse... if you are the subject of an Order of Protection (which can be granted on mere threats) you are prohibited from owning firearms, even while the case is in an Ex parte, or unresolved, status.

The state tries to take your firearms and your driver's license for EVERYTHING they can get away with.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
15872 posts
Posted on 2/6/23 at 2:12 pm to
quote:

so what other enumerated rights do they lose, the right to vote, the right to assemble, the right to exercise their religion, the right to freedom of speech?


If caught and convicted on federal or state charges, yes, they lose their civil rights. That’s the way it works.

The easiest fix would be to remove pot from the federal controlled substance list.
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
15872 posts
Posted on 2/6/23 at 2:14 pm to
quote:

I can't imagine feeling any other way but pleased, because its common sense.


Then you are rejoicing over being thrown a scrap.
Posted by TerryDawg03
The Deep South
Member since Dec 2012
15652 posts
Posted on 2/6/23 at 2:18 pm to
This could be the start of something good…
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
15872 posts
Posted on 2/6/23 at 2:20 pm to
quote:

Meanwhile in pretty much every state if you have a MISDEMEANOR Domestic Assault conviction, you can't own a firearm. And worse... if you are the subject of an Order of Protection (which can be granted on mere threats) you are prohibited from owning firearms, even while the case is in an Ex parte, or unresolved, status.


Domestic violence is the result of a failure to exercise self control. How many domestic violence convictions are enough to warrant some restrictions?

Personally on the 2nd violence against children conviction I’m in favor of the death penalty.

Pretty much any second sex/children/drug/violence conviction death needs to be an option. And if they catch 2 or more at the same time it needs to be one conviction.
Posted by Turbeauxdog
Member since Aug 2004
23145 posts
Posted on 2/6/23 at 2:20 pm to
quote:

Rationale works for all drugs. The Founders didn’t know about meth so how could they have contemplated a prohibition of guns and meth?


Didn't need to, pass an amendment.

quote:

Also works on felon in possession laws too. I see no such prohibition in the plain text of the document.


That's like saying prison isn't constitutional because it violates freedom of assembly.
This post was edited on 2/6/23 at 2:21 pm
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