Puff puff, bang bang

[ShaiVong]

FTA:

http://www.ajc.com/news/nation-world/ore-court-rules-medical-951209.html

GRANTS PASS, Ore. — The Oregon Supreme Court unanimously ruled Thursday that retired bus driver Cynthia Willis can have her medical marijuana and a concealed handgun, too.

The ruling issued in Salem, Ore., upheld previous decisions by the Oregon Court of Appeals and circuit court in finding that a federal law barring criminals and drug addicts from buying firearms does not excuse sheriffs from issuing concealed weapons permits to people who hold medical marijuana cards and otherwise qualify.

"We hold that the Federal Gun Control Act does not pre-empt the state's concealed handgun licensing statute and, therefore, the sheriffs must issue (or renew) the requested licenses," Chief Justice Paul De Muniz wrote.

[redacted copyrighted material]

 

[avs11054]

Sounds like a reponsible idea to me....Go the the range baked out of your mind and start shooting.

 

[M-Cameron]

Sounds like a reponsible idea to me....Go the the range baked out of your mind and start shooting.

well one could say the same thing about Oxycontin or Vicodin.......but users of those drugs arent restricted.

if they have a valid prescription( not the ones gotten with a wink and a nod), and dont abuse the drugs.....i dont have a problem with it.

 

[Alec]

As with any drug that has potentially intoxicating side effects, there exists a dosage for each individual where therapeutic effects are felt without said intoxication.

 

[Evil Monkey]

Sounds like a reponsible idea to me....Go the the range baked out of your mind and start shooting.

at least it's not alcohol. oh wait people do shoot guns while intoxicated don't they?

 

[mgmorden]

Sounds like a reponsible idea to me....Go the the range baked out of your mind and start shooting.

Nowhere did it state that she wanted to the right to blast away while high. She has a prescription. She wants to also have a carry permit. The usage of said firearm need not coincide with the usage of her prescription.

Heck I have no qualms admitting that I drink. Not often, but I do drink socially at events and such. That doesn't disqualify me from having a carry permit, and though nothing is said about it legally one way or another, I wisely don't carry or use my guns while I'm drinking.

It's a simple process. The sooner the population gets over the stigma associated with marijuana the better. I can almost guarantee that within 20 years it'll be legal in almost every state with a prescription, and I'd wager in several without it.

 

[Dave Workman]

WAITAMINUTE....don't roll 'em and smoke 'em just yet

Ya gotta READ THE RULING....


Oregon ‘high’ court: Medical pot users can have CCW permits

The Oregon Supreme Court today ruled unanimously that people who use medical marijuana cannot be denied concealed weapons permits, noting that there is nothing in the 1968 federal gun control act that specifically preempts a state’s concealed carry licensing statute.
However...


http://www.examiner.com/gun-rights-...-court-medical-pot-users-can-have-ccw-permits

 

[mljdeckard]

What is the difference between the judicious use of alcohol and the judicious use of legal pot? (Whether or not it should be legal is a different conversation for a different forum.) I cannot see how we support the rights of citizens to be responsible with alcohol and carry, but if we shift the idea to marijuana, suddenly we think everyone will get high and start shooting up the place. Doesn't match up.

 

[DoubleTapDrew]

IMO people who are drunk are much more dangerous, aggressive, and potentially violent than folks who are high on marijuana (not that I think it's a good idea to handle a firearm under the influence of either).

However, marijuana advocates should not get too excited about this, because the ruling does not clear the way for pot users to buy or possess firearms

IIRC the 4473 says "unlawful user of, or addicted to..." so doesn't the medical marijuana card make someone a legal user? And I have heard marijuana is not addictive, unlike cigarettes or alcohol (it's probably habbit forming, but I've never heard that it's physically addictive).

 

[M-Cameron]

the only conceivable problem with marijuana is that you cant monitor the level of "influence" the person is in at the moment.......unlike alcohol, which has a pretty reliable number(BAC).....

like when a person accidentally hits someone while driving......theres no criminal penalties( most of the time).....

but when they are drunk......its reckless driving, DUI, ect.....and you can tell the person is drunk with a breathalizer.


how do you do that with marijuana or any other controlled substance?

 

[hirundo82]

IIRC the 4473 says "unlawful user of, or addicted to..." so doesn't the medical marijuana card make someone a legal user?

Not for federal purposes--marijuana is still Schedule I, no accepted medical use. The DEA just doesn't have the manpower and/or the political will to go after everyone who smokes pot.

Marijuana use is illegal at the federal level, and thus use is a disqualifier for recieving or possessing firearms--medical marijuana users could be charged for firearm possession under the same statute as a felon (18 USC §922(g)).

 

[hirundo82]

how but when they are drunk......its reckless driving, DUI, ect.....and you can tell the person is drunk with a breathalizer.


how do you do that with marijuana or any other controlled substance?

Testimony by the arresting officer that the person was impaired and a positive blood test (which is usually done even with a positive alcohol breath test).

Plus I bet if marijuana was legalized for recreational use I'll bet there would be devices developed quickly which tested for THC levels as handily as alcohol han be detected now.

 

[thump_rrr]

the only conceivable problem with marijuana is that you cant monitor the level of "influence" the person is in at the moment.......unlike alcohol, which has a pretty reliable number(BAC).....

like when a person accidentally hits someone while driving......theres no criminal penalties( most of the time).....

but when they are drunk......its reckless driving, DUI, ect.....and you can tell the person is drunk with a breathalizer.


how do you do that with marijuana or any other controlled substance?

Have you never heard of a field sobriety test?

 

[M-Cameron]

Have you never heard of a field sobriety test?

do those count as de-facto proof the person was under the influence...?

or do they just give the officer reasonable suspicion to detain the person....?

 

[avs11054]

I know it didn't state that SHE was going to do it. But come on...you really mean to tell me that people won't go smoke and then go shoot?

When I choose to drink, my guns stay locked in my safe until the next day. But you know as well as I do that there are plenty of people that drink and then choose to handle a firearm. It will be no different with marijuana.

 

[mgmorden]

I know it didn't state that SHE was going to do it. But come on...you really mean to tell me that people won't go smoke and then go shoot?

When I choose to drink, my guns stay locked in my safe until the next day. But you know as well as I do that there are plenty of people that drink and then choose to handle a firearm. It will be no different with marijuana.

I'm sure it's already no different with marajuana now. HOWEVER, the fact remains that we don't care about it in regards to alchohol, so why with marajuana?

On a gun board of all places I would think that people would grasp the concept of not legislating based on what someone MIGHT do. The liberals have been trying to use that little nugget of what we MIGHT do with our guns for decades to try to take them away. We resist because we're grownups and can be responsible with our weapons. Don't try to head of that potential recklessness with legislation just because it's not YOUR particular hobby at stake anymore.

 

[Bighouse Doc]

There is no such thing as "Medical Marijuana." It is a fraud simply to allow stoners legal dope.

Someone need to get a Federal Courts opinion on this! It might not fly as far.

Armed, stoners are as dangerous as armed drunks!

-Doc

 

[hirundo82]

There is no such thing as "Medical Marijuana." It is a fraud simply to allow stoners legal dope.

There's good evidence for marijuana for neuropathic pain and for AIDS- and cancer-related cachexia. You are however correct that the vast majority of people using medical marijuana aren't using it for one of the conditions for which there is evidence.

Someone need to get a Federal Courts opinion on this! It might not fly as far.

A federal opinion on what? This is a state court ordering a state actor how to apply state law. There's no federal jurisdiction here. If we were talking about using a state medical marijuana card as a defense to a federal charge of possession of a firearm by an unlawful user or a controlled substance it would be different, but as far as the state is concerned Ms. Willis isn't breaking any law.

 

[1911austin]

As a memeber of the Gun Owners of America and NORML, I am pleased with the court.

 

[kilo729]

As a libertarian I'm OK with this.

 

[1911austin]

As a libertarian I'm OK with this.

We need to kick some ass in 2012.

 

[1911austin]

On a gun board of all places I would think that people would grasp the concept of not legislating based on what someone MIGHT do. The liberals have been trying to use that little nugget of what we MIGHT do with our guns for decades to try to take them away. We resist because we're grownups and can be responsible with our weapons. Don't try to head of that potential recklessness with legislation just because it's not YOUR particular hobby at stake anymore

Well said.

 

[mr.trooper]

On a gun board of all places I would think that people would grasp the concept of not legislating based on what someone MIGHT do.

Gun boards have the same % of hypocrites as any other segment of the population.

 

[Art Eatman]

More opinions on Mary Jane than about the law...