My Neighbor shot his step son: developing story.

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"Medical marijuana" should be illegal, plain and simple. If marijuana is illegal from a federal standpoint, is should not be legalized in random states.

I'm surprised that the Necessary and Proper Clause (tie this into commerce) hasn't been used to call up the Supremacy Clause and thereby outlawing the use of "medical marijuana"...


In this case though, it seems as if the man could be in for some serious trouble. But only time will tell of what he actually said and the circumstances surrounding the shooting.
 
Read it all carefully again, fellas.

Just because your doctor prescribes marijuana, doesn't make you buying it, possessing it, or taking it lawful. Your doctor doesn't write federal law. If he does prescribe it, he is playing a part in a power struggle between states' rights and the federal government, but his prescription is not a shield for you against enforcement of federal law.

So, you can say that your doctor told you to, and you can say that some who are affected are harmless old grandmothers. But until federal law is changed so that use of controlled substances is not a disqualifying factor, or that marijuana is no longer listed as such a controlled substance, you cannot lawfully use pot for ANY reason and possess firearms.
 
newbuckeye said:
Actually, it does because the Feds say MJ use is illegal regardless of what state law says.
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Yeah, and just how many of the people you describe are people getting those "prescriptions"? If you've looked at the demographics, very few, they're all getting medicinally accepted medication. The people getting medical marijana prescriptions are the ones asking for it specifically.
 
Yeah, and just how many of the people you describe are people getting those "prescriptions"? If you've looked at the demographics, very few, they're all getting medicinally accepted medication.
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Not sure where you're going with that. Medicinal marijuana use is ... well, marijuana use. It is ILLEGAL, per federal law. Per federal law, such activity specifically called out under the law as making one a prohibited person.

Doesn't matter whether it is "accepted" by the medical community. It is federally illegal.
 
Rob G said:
Scimmia was on to something there, he just didn't carry it far enough. I think the most accurate statement would be:

No it doesn't. It specifically states an unlawful user, if their Dr tells them to and it doesn't violate state or federal law it's not unlawful.
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However, were it here in Ohio, he would still be guilty of the charge "carrying under disability" Intended for alcohol, but still applies just as it does to DUI if they pushed it.
 
Back to the warning shot. If you intended to discharge a firearm to frighten someone and you hit them, then it is negligence. What's the non-lethal version of manslaughter? some version of assault? The rationale behind that trigger pull wasn't one fired to meet lethal force with lethal force.

Warning shots are ridiculous. If you have the time and option of firing a deadly weapon to "spook" someone, there exists better options. Assuming what was heard was true, his reckless actions resulted in the wounding of another. If that was what was said on the initial report, he could be viewed as a liar now if he changes the story. This is why you don't give statements immediately following a life or death situation. Plenty of folks "meaning well" have backed themselves into a wall by accident.
 
Warning shots are tantamount to an admission that the situation was not yet serious enough to justify actually shooting someone. It's a statement that the shooting was not self defense. Even if criminal charges don't follow it's going to bite him in the civil case.

We don't shoot unless we have to and the only statement we make to law enforcement is that we shot because we were in fear for our life.
 
If you don't want to kill someone, that's good. But if you are forced by circumstance to kill someone in SD even if you don't want to kill, don't say you didn't mean to do it.
 
If he'd just said, "I didn't want to kill the man trying to kill me... I just wanted to stop his advances", he'd be better off.
 
Scimmia said:
No it doesn't. It specifically states an unlawful user, if their Dr tells them to, it's not unlawful.
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I beg to differ it say Unlawful User or Addict. Many folks who are taking controlled but legal as under a Dr's script are actually addicted to their Opiates. Most will likely die before ever finding out for sure, as their Dr's will continue to prescribe progressively larger doses of oxycodone/oxycontin, ect for as time goes by continued use of any opiate seems to be addictive, as with many other so-called "controlled substances" actually likely the reason they are controlled...

Do you always disagree when someone says the fed's are bad to citizens?
 
Sam1911 said:
Not sure where you're going with that. Medicinal marijuana use is ... well, marijuana use. It is ILLEGAL, per federal law. Per federal law, such activity specifically called out under the law as making one a prohibited person.

Doesn't matter whether it is "accepted" by the medical community. It is federally illegal.
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Only place I know of given exclusively over to federal law is Washington DC -let them make all the BS laws they wanna in DC
 
billdeserthills said:
I beg to differ it say Unlawful User or Addict. Many folks who are taking controlled but legal as under a Dr's script are actually addicted to their Opiates. Most will likely die before ever finding out for sure, as their Dr's will continue to prescribe progressively larger doses of oxycodone/oxycontin, ect for as time goes by continued use of any opiate seems to be addictive, as with many other so-called "controlled substances" actually likely the reason they are controlled...

Do you always disagree when someone says the fed's are bad to citizens?
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Are you saying marijuana is an opiate ? I've never heard that, but i don't have a degree in hallucinogenics.
 
:cuss:

Great a bunch of stoners, :scrutiny: carrying guns and shooting people, but not intending to kill or stop the threat. Just scare them... :banghead:

:rolleyes:

Not to mention the law says someting in reguards to shooting in a person you know or have known in self defense can be a big no no... Not sure the exact wording on this however does play a major role in how the case is handled considering their past history with each other.
If this kid was a Serious problem, (had to be a reason why he was not permitted in the house, Perhaps he smokes up all the profit or something like this. :) ), then a restraining order or at the least some type of previous record of issues with him needed to be recorded/reported to authorities so things like this dont happen to people you know. Then again I can see why the shooter did not want the police around his property with him growing all those plants and such....
 
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7.62 Nato said:
Are you saying marijuana is an opiate ? I've never heard that, but i don't have a degree in hallucinogenics.
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He is talking about Drs. prescription of opiate, IE: pain killers and such. Not pot.... However canabinoids do hit the same receptors as opiates do, and that is the same receptors that makes them feel "high".
I believe this is the reason so many patients of pain want to legalize medical marijuana, simply cause it reduces pain in a similar way opiates do... At least thats how I understand it.
 
If anyone is going to prosecute him for being a prohibited person in possession of a firearm, it is going to have to be the feds. The state DA's will not and cannot prosecute him for it, unless there is a corresponding state law that also outlaws it (not likely, especially in a state that has decriminalized medical marijuana). The linked article didn't even raise the issue of him being a medical marijuana user... it is quite possible the police/DA's aren't even aware of that issue. Apparently the OP was just aware of that fact because he is the guy's neighbor. Even if the police are aware of that fact, they will likely ignore it in a state where medical marijuana is not prohibited by state law. The only thing they could do about it anyway would be to tell the ATF or U.S. Attorney's office. If the feds don't find out, the guy has nothing to worry about.
 
billdeserthills said:
I think I made my point pretty clear & I was not talking about marijuana--you were
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No you didn't , or else I wouldn't have posted my question. Don't assume that what you think you are saying is apparent to those reading it. Also I wasn't the one talking about medical marijuana, it is what was posted by the OP. IF you are replying to what was posted originally, then it WOULD BE about MM, otherwise it would be off topic.
 
Not to mention the law says someting in reguards to shooting in a person you know or have known in self defense can be a big no no... Not sure the exact wording on this however does play a major role in how the case is handled considering their past history with each other.
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In a word, no. No state laws that I'm aware of differentiate between known assailant and one unknown to the victim. There is NO requirement that restraining orders or other documentation exist for an "acquaintance" shooting....many people are forced to defend themselves from assailants they may know in some capacity or another, be it a family member, co-worker, etc. Merely knowing the person who were forced to take action against doesn't equate a presumption of guilt or even a hint of guilt. A justified shooting will be ruled as justified regardless of relationship. A shooting involving someone previously known the shooter may trigger a more in depth investigation, but hat is to be expected
 
Not to mention the law says someting in reguards to shooting in a person you know or have known in self defense can be a big no no... Not sure the exact wording on this however does play a major role in how the case is handled considering their past history with each other.
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Dave is right, here. There is no LAW anywhere that places special restrictions or conditions on victims/defenders when the attacker is known to them or related to them. In fact, a GREAT many (possibly even the majority) of violent encounters involve people who knew each other before hand or were related. That' just how society works.

What any good investigation does, though, is explore such associations to shed light on motive and to refute or support the defender's claim of "self defense."
 
henschman said:
If anyone is going to prosecute him for being a prohibited person in possession of a firearm, it is going to have to be the feds. The state DA's will not and cannot prosecute him for it, unless there is a corresponding state law that also outlaws it (not likely, especially in a state that has decriminalized medical marijuana). The linked article didn't even raise the issue of him being a medical marijuana user... it is quite possible the police/DA's aren't even aware of that issue. Apparently the OP was just aware of that fact because he is the guy's neighbor. Even if the police are aware of that fact, they will likely ignore it in a state where medical marijuana is not prohibited by state law. The only thing they could do about it anyway would be to tell the ATF or U.S. Attorney's office. If the feds don't find out, the guy has nothing to worry about.
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Correct, the media did not mention, and possibly did not know about my neighbors 'green' card. The LEOs who were in attendance (two different sheriffs depts, state police, and local PD) never set foot into the building where he has his grow op set. The MJ issue might never come up, but if it does, I know the Feds would have to be involved. So it seems that as long as the Feds aren't notified and the case is ruled self defense locally, there should be no future legal issues for my neighbor.
 
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