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Gun Reports - News

Get a Medical Marijuana Card,
Lose Your Second Amendment Rights

(GunReports.com) — The Bureau of Alcohol, Tobacco, Firearms and Explosives wants to prohibit patients from protecting themselves, according to an article on Reason.com.

If you are a medical marijuana patient in one of the 16 states (plus the District of Columbia) that allow for it, you’ve got reason to believe lately that the government has it in for you.

You’ve got federal raids on the places where you can conveniently buy your medicine, the governor of Arizona trying to overturn in court her citizens’ choice to institute a medical marijuana system, and Michigan’s attorney general trying to make life as hard as he can for those using the system his state’s voters approved by 63 percent in 2008. And while it isn’t directly the government’s fault, doctors are taking people off liver transplant waiting lists for using medical pot.

It isn’t just that the government on both the federal and state level doesn’t want you to be able to legally and conveniently obtain your medicine, if that medicine is pot. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) insists you inherently lose a key constitutional right merely by letting your state know you might want to take pot medicinally.

Merely having a state medical marijuana card, BATFE insists, means that you fall afoul of Sect. 922(g) of the federal criminal code (from the 1968 federal Gun Control Act), which says that anyone “who is an unlawful user of or addicted to any controlled substance” is basically barred from possessing or receiving guns or ammo (with the bogus assertion that such possession implicates interstate commerce, which courts will pretty much always claim it does).

Read more at www.Reason.com.

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Reader Comments

There is a fly in this ointment. The same law that claims you run afoul of interstate commerce laws, also makes it possible in most medical marijuana states to become an authorized grower of such product under that state's laws, and makes it practical for there to be a full chain of custody documented from grower to dispensary. So, one could Allege and possibly Prove that he did NOT violate ANY interstate commerce clause - in which case 'unlawful user' becomes a term subject to interpretation, and a 'whole nubba' can of worms is opened up.

Not that any of that will matter to the BATFE thugs. They'll still send 50 guys to kick in some pothead's door at 3 a.m., knowing he probably won't put up a fight, and that he probably can't afford effective counsel.

Comment by: david b | December 22, 2011

I have a form of Glaucoma. I CAN use MJ for it , but WHY? I don't have to SMOKE it or stink up my home with it. I take 4 eye drops TOTAL every day of a solution in my eyes. No problem. And I can still carry my gun. Screw you potheads to hell. They should shoot all of you guys!!!

Comment by: M_E_ | December 22, 2011

M_E_| - "Screw you potheads to hell"? First of all, chill a little. Go pour yourself another drink and then sleep it off.

Second, as mine was the only post prior to yours I have to believe you were referring to me. I object to that. I've not even seen a joint in over 10 years and don't smoke the stuff. I'm offended by your apparent accusation and your attitude.

And by the way, I do shoot back - and pretty damned well too. It's a poor tactic to go trying to start stuff with people you know nothing about. I hope you're a bit more genteel in person.

Or, are you just another 13-year old troll drop-in? Now that I notice the pipe symbol, I'm guessing that's the deal. Still, my advice is the same - don't start stuff with people you don't know. For all you know I could be a fed IT security guy with the resources to find you in a few hours - and a bad attitude. Cool your jets dude.

Comment by: david b | December 22, 2011

Play nice kids or you'll have to go stand in the corner. The last time I checked pot was aganist federal law so by batfe rules POT HEADS DON'T have guns legally.

Comment by: Buzz C | December 22, 2011

Not the point Buzz. The point was a direct insult to me without any grounds for making such a comment. Typical 'troll' trick. Smart-ass children like to play that game, so there is no 'play nice kids' to it.

Comment by: david b | December 22, 2011

'Tis not the season to be testy, despite real insults, lest one be placed on the "naughty" list even at this late date.

The real problem here is threefold: First, as Buzz points out, pot is federally prohibited and comes under the same classification of drugs as heroin--probably dumb, but that's the way it is. Second, our current POTUS at least implied in 2008 that his administration wouldn't be enforcing many, if any, federal marijuana laws. It turns out that this was just another lie he told us. Third, the states that allow the use of "medical" marijuana went too far in allowing doctors to prescribe it for everything from glaucoma to hangnails. As a result many cities and counties have passed ordinances prohibiting pot dispensaries from operating.

Personally, I think it's time to say that any war on drugs has been lost. Legalize them all. Tax them. Prosecute anyone driving under the influence, or otherwise interfering with the rights of others. And if some users die of overdoses--too bad.

Comment by: Visigoth52 | December 23, 2011

Good point Visigoth52, but I've been on the 'naughty list' in D.C. since '68, and cemented that after the Kent State Massacre in '70 when I declined to identify anyone from photos, so I'm not much concerned about this week's 'discussion'.

Too bad for me I guess. Maybe I'll get some coal in my stocking this year. A nice big hunk in there will make an effective sap.

Merry Christmas boys and girls!

Comment by: david b | December 23, 2011

Maybe it's just old fashioned me; but i don't see the connection between a constitutional guarantee and an activity that against the law. Sounds like lefty leaner jargon here. Enlighten me.

Comment by: rong56345 | December 25, 2011

I could not keep silent on this topic any longer. I was a LEO for 20+ years until I suffered a broken neck. After 4 major surgeries in the past 10 years, I have been on heavy doses of opiates. They no longer work; a medical phenom called "tolerance". The Anesthesiologists that manage my pain clinic are staunch advocates for medical cannabis. After much "soul searching", I tried it. I can attest that cannabis works exponentially better for pain control and to help with sleep. So, which is more of a "social hazard"? And why should I surrender my right to self protection because I choose to control my pain with a substance that God put on this earth and cultures have USED for centuries, instead of a chemical synthesized in a lab somewhere. I do not carry under the influence and what I do in my own home is my business. Do not judge a man until you walk a mile in his shoes.

Comment by: Barnstorm | January 12, 2012

Good explanation Barnstorm. A lot of people seem to think that every law must be obeyed, yet we all break several a day and often intentionally. Bush, e.g. broke the FISA law almost daily, and admitted it publicly. It's a felony. Why should he skate and you do time?

Comment by: david b | January 12, 2012

Something else to consider: A person with a medical Cannabis Card are exponentially more likely to injure an other person with their automobile than their concealed hand gun for personal protection. So what is the next step in the logic? If a person uses Medical Cannabis, revoke their drivers license? Cannabis SHOULD be considered a medication, like anything else prescribed by a MD for certain patient populations. Stop demonizing legitimate users. How many of you who hate MJ have carried after a "few" beers, or had a few after a day of hunting in the field? Nothing worse than a hypocrite.

Comment by: Barnstorm | February 21, 2012