by J. D. Heyes, Natural News:
Court watchers know that the Ninth U.S. Circuit is one of the most liberal, most-overturned of all circuit courts. So it wasn’t a surprise to many when leftist judges there recently ruled to uphold a ban on gun sales and possession to anyone who uses marijuana for medical purposes – even if it’s legal in their respective state.
As reported by NORML, an organization that is working to reform laws governing the use of marijuana, the judges’ decision backs The Gun Control Act of 1968, a federal law that prohibits the sale of guns to any “unlawful user” of a federally controlled substance. To that end, though the Obama administration’s Justice Department refuses to pursue legal action against the states of Colorado and Washington over recently approved ballot measures allowing recreational use of marijuana, the White House has allowed the Drug Enforcement Agency to continue to classify pot as a Schedule I controlled substance.
Judges making it up
In making their ruling, the judges further determined that their ban “furthers the government’s interest in preventing gun violence,” because cannabis users are supposedly more likely to be involved in violent gun-related crimes. They concluded: “[The plaintiff in this case] does not have a constitutionally protected liberty interest in simultaneously holding a [medical cannabis] registry card and purchasing a firearm.”
That’s the great thing about being a federal judge: If you are anti-gun and a judicial activist you don’t have to cite any evidence in your rulings; you can just make it up as you go along. And, obviously, you don’t have to follow the Constitution unless you want to. There is no language in the Second Amendment that serves as a qualifier – like, for instance that Americans only have the right to keep and bear arms “if it furthers the government’s interest.”
The federal government itself is no better. In 2011, NORML noted, the Bureau of Alcohol, Tobacco and Firearms sent out a memorandum to all gun dealers instructing that anyone who uses marijuana, irrespective of state laws that allow it for medicinal purposes, is nevertheless an “unlawful user of or addicted to a controlled substance,” and therefore is prohibited by federal law from having a gun or ammunition.
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