Search found 6 matches

by speedsix
Mon Oct 17, 2011 3:28 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

boba wrote:
speedsix wrote:the point is that no matter what the voters want on the state or local level, the Feds want to trump that...and should not in all cases be able to do it...state laws should, within the borders of that state...be the law in this case...in my old opinionated opinion...whether you find it intelligent or not... :grumble
Are you familiar with Article VI, Clause 2 of the United States Constitution?
...no, I wasn't...but, reading about it, noticed it deals with laws that are constitutional...this letter is neither...

From Wikipedia, the free encyclopedia:
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.) However, the Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.


...looks like the law doesn't support my opinion...but my opinion still doesn't support some laws, either ;-)
by speedsix
Sat Oct 08, 2011 6:35 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

...so, unless they brag at the gunstore...and if they read/answer the question carefully, the BATF letter which is contrary to the question that the form asks,( or the Feds somehow submit a list of RX users to the NICS center...)just is a non-issue...
by speedsix
Fri Oct 07, 2011 7:58 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

The Mad Moderate wrote:I'm going to do something ageist my better judgement, and admit that I sometime smoke MJ. I have to say that I do agree with this law, as it is currently illegal as far as the law is concerned. If the MJ users medical or otherwise wish to change that they have the power to try and do so. I recently saw an article which said over 100 million Americans have smoked MJ at some point in their life, that is a huge voting block, I don't see it becoming legal anytime soon though but I think it will happen. Having said that while I do smoke I take steps to protect my self as much as I can. I do not carry in the rare event that I have MJ in my car, I will not leave my house if I am under the influence of MJ. I do know it's illegal and am fully aware of the consequences if I am caught, but to me that is what freedom is about, making choices while being fully aware of the consequences. I recently had quote on my sig line from Thomas Jefferson (a admitted MJ user) that said "if a law is unjust a man is not only right to disobey it is his duty", I do not think of myself as a patriot or martyr for a cause for smoking I simply look at it as a choice I have the freedom to make and the willingness to to deal with the consequences.
...there, now...dontcha feel all better for having confessed?...
by speedsix
Fri Oct 07, 2011 7:52 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

tbrown wrote:To discuss this issue intelligently, it's important to remember this is not a new rule. Users of illegal drugs have been prohibited from purchasing from an FFL as long as I can remember. The ATF letter is not creating new policy or law. It's reminding FFLs of a long standing rule. Federal law also prohibits firearm sales to illegal aliens. That rule applies even in a "sanctuary city" because city rules don't override federal law. If that makes sense to you, then you can see by the same token, state mj laws don't override federal law.

...but they should...if Calif. voters vote that medically prescribed MJ is legal...then in Calif. it should be legal...if a Calif. resident is not in Calif. when he's found with MJ...and the Feds want to charge him...fine...the point is that no matter what the voters want on the state or local level, the Feds want to trump that...and should not in all cases be able to do it...state laws should, within the borders of that state...be the law in this case...in my old opinionated opinion...whether you find it intelligent or not... :grumble


...as a tangent...I wonder what would happen if a Calif resident in possession of a Dr's. RX and found by a Fed with his MJ in his pocket...have there been any test cases??? the ACLU oughta LOVE that one...
by speedsix
Fri Oct 07, 2011 7:45 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

RoyGBiv wrote:
speedsix wrote:...how about those on uppers and downers...prescribed by their Dr? where do they draw THAT line??? will it go as far as if you're using Preparation H...no guns or ammo because you may be "uptight"?????? No guns because you're acting within the law...(though I don't like the law)...this is one I hope the ACLU DOES get involved with...
MJ is ILLIEGAL under current Federal law.
Prescription meds are LEGAL, when used as prescribed.

Intoxication is fairly well defined.
If you're intoxicated using prescription meds (as prescribed), then you should not be carrying, just as you should not be carrying under the influence of alcohol.
Federal law does not recognize MJ as as "prescribable" medication.

Not very difficult, but, a few gray areas.
I don't like it, but, it's not difficult (IMO) to follow the logic.

...so we have another case where the Feds trample on states' rights...a state says it's legal to use prescribed MJ...and the feds say it isn't...that's my point...the Feds draw their power from the people...and ignore what the people vote on...I'm not for MJ use, either...it's the principle of the thing...it's no more incapacitating than a lot of other prescription drugs or alcohol...yet those who use(and abuse) those can still buy a gun...I hate that it's so arbitrary...
by speedsix
Wed Oct 05, 2011 7:30 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: BATFE Declares No Guns for Medical Marijuana Users
Replies: 31
Views: 4221

Re: BATFE Declares No Guns for Medical Marijuana Users

...how about those on uppers and downers...prescribed by their Dr? where do they draw THAT line??? will it go as far as if you're using Preparation H...no guns or ammo because you may be "uptight"?????? No guns because you're acting within the law...(though I don't like the law)...this is one I hope the ACLU DOES get involved with...

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