Leader

Collapse

Announcement

Collapse
No announcement yet.

CCW and Medical Marijuana: Oregon's New Battle

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • CCW and Medical Marijuana: Oregon's New Battle

    “The [OR] sheriffs argue that the 1968 U.S. Gun Control Act prohibits selling firearms to drug addicts, and they say that includes medical marijuana card holders”


    CCW and Pot
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  • #2
    I agree that it is not a simple issue, it will come up in other states (like MI) that have both legal dope and CCW. if I am reading MI law properly they could not fire a LEO who had a maryj card for testing positive for dope. And maybe not even be able to require a clean drug screen as a condition of hire ?

    Bill
    Just pay your dues, and be quiet :-)

    Comment


    • #3
      I think there is a thread on this somewhere else already.

      Anyways, why not just make it a law banning the carry of firearms while under the influence of alcohol or narcotics. Problem solved.

      Comment


      • #4
        That is interesting. Just because someone is prescribed a medication, does that make them an addict?

        Comment


        • #5
          Originally posted by Fëanor View Post
          That is interesting. Just because someone is prescribed a medication, does that make them an addict?
          Exactly. Pot's not addictive, it shouldn't have any bearing on the situation.

          (Whether someone should be carrying while actually under the influence is a separate issue.)

          Comment


          • #6
            Marijuana is addictive. As are many other things. It being addictive doesn't necessarily term a user as an addict though.

            Comment


            • #7
              If its legal and prescribed in that state, I don't see how it is any different than being prescribed any other narcotic. You could do some wacky crap on sleeping pills; should you take away their guns as well simply because the potential is there?

              Whether you agree with it being a prescribed substance or not is irrelevant at the time, as the current law needs to be enforced, not what the Sheriffs think the law should be. It seems they may have some personal objection to medical marijuana, and that may be swaying their judgment.

              +1 to making it illegal to posses a gun while high, just as most places it's illegal to posses one drunk.
              When passenger of foot heave in sight, tootle the horn. Trumpet him melodiously at first, but if he still obstacles your passage then tootle him with vigor.

              Comment


              • #8
                It's different because there is no legal use under federal law for marijuana. Oxycontin, or any other narcotic is a lower schedule in the USC, because there is a legally recognized use for it, under limited circumstances. Marijuana, under federal law, does not have a recognized lawful use.

                http://www.deadiversion.usdoj.gov/sc...e_cs_sched.pdf

                This has come up before in debate. In WA state, there was a marijuana grower, licensed by the state to do so, who was forced to defend himself in a home invasion. The BATFE decided, due to his apparent federally unlawful use of marijuana, that he is prohibited from owning a firearm.

                http://www.q13fox.com/news/kcpq-0315...,5870573.story

                Based on these precedents, I would have to agree with the OR Sheriffs, until the USC changes, or the supreme court hears a case.

                Comment


                • #9
                  Originally posted by willbird View Post
                  I agree that it is not a simple issue, it will come up in other states (like MI) that have both legal dope and CCW. if I am reading MI law properly they could not fire a LEO who had a maryj card for testing positive for dope. And maybe not even be able to require a clean drug screen as a condition of hire ?

                  Bill
                  Don't you think that a police officer could be fired if he could not legally possess a firearm?
                  Facts do not cease to exist because they are ignored. -- Aldous Huxley
                  Two things are infinite: the universe and human stupidity. -- Albert Einstein

                  Comment


                  • #10
                    Originally posted by jannino View Post
                    I think there is a thread on this somewhere else already.

                    Anyways, why not just make it a law banning the carry of firearms while under the influence of alcohol or narcotics. Problem solved.
                    It does not solve the problem, as it will still be illegal for persons who are unlawful users of a controlled substance to possess a firearm, regardless of whether they are under the influence.
                    Facts do not cease to exist because they are ignored. -- Aldous Huxley
                    Two things are infinite: the universe and human stupidity. -- Albert Einstein

                    Comment


                    • #11
                      Originally posted by OrlandoExp103 View Post
                      If its legal and prescribed in that state, I don't see how it is any different than being prescribed any other narcotic. You could do some wacky crap on sleeping pills; should you take away their guns as well simply because the potential is there?

                      Whether you agree with it being a prescribed substance or not is irrelevant at the time, as the current law needs to be enforced, not what the Sheriffs think the law should be. It seems they may have some personal objection to medical marijuana, and that may be swaying their judgment.

                      +1 to making it illegal to posses a gun while high, just as most places it's illegal to posses one drunk.
                      Because it's not legal. Federal law trumps state law.
                      Facts do not cease to exist because they are ignored. -- Aldous Huxley
                      Two things are infinite: the universe and human stupidity. -- Albert Einstein

                      Comment


                      • #12
                        Originally posted by Fëanor View Post
                        That is interesting. Just because someone is prescribed a medication, does that make them an addict?
                        One need merely be an unlawful user.

                        (g) It shall be unlawful for any person -

                        (3) who is an unlawful user of or addicted to any controlled
                        substance (as defined in section 102 of the Controlled Substances
                        Act (21 U.S.C. 802));

                        to ship or transport in interstate or foreign commerce, or possess
                        in or affecting commerce, any firearm or ammunition; or to receive
                        any firearm or ammunition which has been shipped or transported in
                        interstate or foreign commerce.
                        18 U.S.C. § 922(g).

                        Under federal law, any use of marijuana is unlawful.
                        Facts do not cease to exist because they are ignored. -- Aldous Huxley
                        Two things are infinite: the universe and human stupidity. -- Albert Einstein

                        Comment


                        • #13
                          Originally posted by DAL View Post
                          Under federal law, any use of marijuana is unlawful.
                          This is kind of and almost my point. This seems to be more of an argument against medical marijuana itself, masqueraded as an argument about possessing a firearm. The whole thing comes down to whether possessing and using legal/illegal marijuana is grounds for denying a weapons permit.... All the while the argument is that it is either legal because the state said so, or illegal because the feds say so. Medicinal marijuana users seem to be receiving punishment for taking part in a state recognized legal activity, and because of that are being denied their right to a legal firearm based on the federal law on marijuana use.

                          I realize that federal law still says that medical marijuana is illegal, however the state says it is legal. I don't believe that people using legitimately (in the state's opinion anyway) prescribed marijuana should be denied their right to firearms. The whole state law vs federal law needs to be fought between the state and federal governments. Don't punish or restrict the little people because of the gray area that was created. I realized I kind of talked in circles, so I hope that made SOME sense.

                          ETA: I realize if allowed to possess a weapon, they would be in violation of federal law. However, all the while they are ALREADY in violation of federal law for possessing and using marijuana, but they aren't being denied their weed.
                          Last edited by OrlandoExp103; 04-18-2011, 07:55 PM.
                          When passenger of foot heave in sight, tootle the horn. Trumpet him melodiously at first, but if he still obstacles your passage then tootle him with vigor.

                          Comment


                          • #14
                            Originally posted by OrlandoExp103 View Post
                            I realize that federal law still says that medical marijuana is illegal, however the state says it is legal. I don't believe that people using legitimately (in the state's opinion anyway) prescribed marijuana should be denied their right to firearms.
                            If the federal government says it is illegal, the state government can't make it legal.

                            What would you say if the state passed a law giving people the right to manufacture and use methamphetamine without a prescription? Or if it passed a law authorizing discrimination on the basis of race? Would that be different in principle?
                            Facts do not cease to exist because they are ignored. -- Aldous Huxley
                            Two things are infinite: the universe and human stupidity. -- Albert Einstein

                            Comment


                            • #15
                              Originally posted by DAL View Post
                              If the federal government says it is illegal, the state government can't make it legal.

                              What would you say if the state passed a law giving people the right to manufacture and use methamphetamine without a prescription? Or if it passed a law authorizing discrimination on the basis of race? Would that be different in principle?
                              I see your point wholeheartedly, and I agree it wouldn't be much different. However, I'm still questioning the motivation of the Sheriffs. Are they doing this out of sheer concern for Federal law and attempting to act by the book, which would be admirable, or are they acting out of spite for the state law, which I believe would be inappropriate. Speak and protest all they want, they are in fact politicians. However, I don't believe they should be using their authority as Sheriff to further a political opinion in relation to state law.
                              Last edited by OrlandoExp103; 04-18-2011, 08:16 PM.
                              When passenger of foot heave in sight, tootle the horn. Trumpet him melodiously at first, but if he still obstacles your passage then tootle him with vigor.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 3155 users online. 165 members and 2990 guests.

                              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                              Welcome Ad

                              Collapse
                              Working...
                              X