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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: 3553530" data-attributes="member: 45725"><p>You're either not reading or not comprehending.</p><p></p><p>It's only lying if it's UNLAWFUL!!! It is not at all clear whether state users are "unlawful" users. Simply using marijuana doesn't make you an unlawful user. For example, you can fly to Amsterdam every weekend and eat your bodyweight in magic brownies, and that doesn't make you an unlawful user. Or the federal medical marijuana patients. They are most definitely not unlawful.</p><p></p><p>So for the umpteenth time, the question isn't whether they use it or not, but whether state legal use is illegal under federal law, which DEPENDS ENTIRELY UPON HOW THE COURTS APPLY THE SUPREMACY CLAUSE IN THIS CASE.</p><p></p><p>The ATF cannot and does not say whether state users are illegal users under federal law, because there's no ruling on that yet, and probably never will be. All they're saying is hey FYI it's still illegal under federal law.</p><p></p><p>Also note that there's an additional burden to prosecution even if the courts were to rule that the supremacy clause did apply, because at the time the person made the statement their attorney can argue that the answer to the question couldn't be known, and therefore answering no wasn't a lie.</p><p></p><p>It would be like if they asked the question, Is the cat alive or dead? Let's say quantum mechanics solves that problem someday and definitively says the cat is alive. Were you lying if you answered that the cat was dead prior to that discovery? Of course you weren't. You were doing your best to answer truthfully with the information you had at the time.</p></blockquote><p></p>
[QUOTE="JR777, post: 3553530, member: 45725"] You're either not reading or not comprehending. It's only lying if it's UNLAWFUL!!! It is not at all clear whether state users are "unlawful" users. Simply using marijuana doesn't make you an unlawful user. For example, you can fly to Amsterdam every weekend and eat your bodyweight in magic brownies, and that doesn't make you an unlawful user. Or the federal medical marijuana patients. They are most definitely not unlawful. So for the umpteenth time, the question isn't whether they use it or not, but whether state legal use is illegal under federal law, which DEPENDS ENTIRELY UPON HOW THE COURTS APPLY THE SUPREMACY CLAUSE IN THIS CASE. The ATF cannot and does not say whether state users are illegal users under federal law, because there's no ruling on that yet, and probably never will be. All they're saying is hey FYI it's still illegal under federal law. Also note that there's an additional burden to prosecution even if the courts were to rule that the supremacy clause did apply, because at the time the person made the statement their attorney can argue that the answer to the question couldn't be known, and therefore answering no wasn't a lie. It would be like if they asked the question, Is the cat alive or dead? Let's say quantum mechanics solves that problem someday and definitively says the cat is alive. Were you lying if you answered that the cat was dead prior to that discovery? Of course you weren't. You were doing your best to answer truthfully with the information you had at the time. [/QUOTE]
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