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The Range
Law & Order
Marijuana Disqualification Question To Be Removed From ATF 4473
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<blockquote data-quote="JR777" data-source="post: 3553101" data-attributes="member: 45725"><p>Again, that's not true. The pertinent law, the 1968 gun control act, reads:</p><p></p><p><em>(3) is an <strong>unlawful user</strong> of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));</em></p><p></p><p>Whether or not someone who legally uses marijuana in their state is an unlawful user, that is something only the courts can decide at this point. Not me, not you, and certainly not the ATF.</p><p></p><p>Granted, anyone who owns guns and uses marijuana is taking a certain risk, but it's a much lesser risk than the growers, retailers, and commercial banks who are moving billions of dollars of the stuff.</p><p></p><p>If you want to inform people they are taking a risk, fine. They probably already know, but okay. However, it's inaccurate to state as a fact that they are automatically breaking the law by answering no to that question, because that is a matter of opinion at this point that is yet to be decided by the courts. Again, the question is not whether they are a user or not, but whether they are an ILLEGAL user.</p><p></p><p>You have three things saying they aren't. The supremacy clause is generally not regarded to apply to state legal cannabis. Congress for years has made it illegal for federal agencies to use federal funds to prosecute cases involving state legal cannabis. Desuetude strongly supports the notion that any prosecution at this point would be arbitrary and capricious. Translation: the fat lady has sung, the ship has sailed, we lost, yada yada yada...</p><p></p><p>And like I said before, the question now is if we're going to be spoilsports and ostracize weed enthusiasts from gun culture and continue to rub their face in what amounts to a memo from the ATF, or welcome them with open arms and get their widespread support. Like I said, we have a real chance at normalizing gun culture within weed culture, such that anyone affiliated with it will have to take a neutral or supportive stance towards 2A rights.</p><p></p><p>That can go either way at this point. Weed culture is permeated by liberals, but also by individualists and libertarians of all kinds. As their culture goes mainstream, we want a lot of people in it to be on our side, because that culture as a whole is going to have a lot of influence on our culture in general. It is to our extreme detriment to ostracize cannabis enthusiasts at this point, and very well could be the deciding factor in whether gun culture can go mainstream, or return to its former status as a small and reviled subculture.</p><p></p><p>We have a real chance at making an AR15 as normal as a set of golf clubs. But we will blow that chance if we can't play nice with others.</p></blockquote><p></p>
[QUOTE="JR777, post: 3553101, member: 45725"] Again, that's not true. The pertinent law, the 1968 gun control act, reads: [I](3) is an [B]unlawful user[/B] of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));[/I] Whether or not someone who legally uses marijuana in their state is an unlawful user, that is something only the courts can decide at this point. Not me, not you, and certainly not the ATF. Granted, anyone who owns guns and uses marijuana is taking a certain risk, but it's a much lesser risk than the growers, retailers, and commercial banks who are moving billions of dollars of the stuff. If you want to inform people they are taking a risk, fine. They probably already know, but okay. However, it's inaccurate to state as a fact that they are automatically breaking the law by answering no to that question, because that is a matter of opinion at this point that is yet to be decided by the courts. Again, the question is not whether they are a user or not, but whether they are an ILLEGAL user. You have three things saying they aren't. The supremacy clause is generally not regarded to apply to state legal cannabis. Congress for years has made it illegal for federal agencies to use federal funds to prosecute cases involving state legal cannabis. Desuetude strongly supports the notion that any prosecution at this point would be arbitrary and capricious. Translation: the fat lady has sung, the ship has sailed, we lost, yada yada yada... And like I said before, the question now is if we're going to be spoilsports and ostracize weed enthusiasts from gun culture and continue to rub their face in what amounts to a memo from the ATF, or welcome them with open arms and get their widespread support. Like I said, we have a real chance at normalizing gun culture within weed culture, such that anyone affiliated with it will have to take a neutral or supportive stance towards 2A rights. That can go either way at this point. Weed culture is permeated by liberals, but also by individualists and libertarians of all kinds. As their culture goes mainstream, we want a lot of people in it to be on our side, because that culture as a whole is going to have a lot of influence on our culture in general. It is to our extreme detriment to ostracize cannabis enthusiasts at this point, and very well could be the deciding factor in whether gun culture can go mainstream, or return to its former status as a small and reviled subculture. We have a real chance at making an AR15 as normal as a set of golf clubs. But we will blow that chance if we can't play nice with others. [/QUOTE]
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