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MA:Federal Court Rules in Favor of 2d Amend. Right for People with Old Pot Conviction

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  • CPRAFAN
    Senior Member
    • Nov 2012
    • 1260

    MA:Federal Court Rules in Favor of 2d Amend. Right for People with Old Pot Conviction

    The Latin motto on the great seal of the State of Massachusetts, loosely translated, means: "By the sword we seek peace, but peace only...
  • #2
    Jimi Jah
    I need a LIFE!!
    • Jan 2014
    • 17857

    I wonder how this will work out in Colorado. Since pot is legal there, can they use pot use as a denier?

    Seems it would be now be considered the same as alcohol use.

    Comment

    • #3
      speedrrracer
      Veteran Member
      • Dec 2011
      • 3355

      Originally posted by Jimi Jah
      I wonder how this will work out in Colorado. Since pot is legal there, can they use pot use as a denier?

      Seems it would be now be considered the same as alcohol use.
      I don't understand what you're saying. They can't deny you if you've had a beer, now pot is on the same footing as beer, so why would they be able to deny you your rights when you haven't broken any law?

      Comment

      • #4
        fiddletown
        Veteran Member
        • Jun 2007
        • 4928

        Originally posted by Jimi Jah
        I wonder how this will work out in Colorado. Since pot is legal there, can they use pot use as a denier?

        Seems it would be now be considered the same as alcohol use.
        This court decision will have no effect whatsoever.

        This Massachusetts case involved a federal trial court's ruling regarding the effect of very old marijuana possession convictions as disqualifying conditions under a Massachusetts firearms law.

        A user of marijuana is still prohibited under federal law from possessing guns or ammunition, even if marijuana use is legal under state law.
        "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

        Comment

        • #5
          PhillyGunner
          Senior Member
          • Aug 2012
          • 742

          Anyone find it odd we have (2) marijuana/guns threads going in the same forum on 4/21?

          Comment

          • #6
            RickD427
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Jan 2007
            • 9258

            Originally posted by Jimi Jah
            I wonder how this will work out in Colorado. Since pot is legal there, can they use pot use as a denier?

            Seems it would be now be considered the same as alcohol use.
            Originally posted by speedrrracer
            I don't understand what you're saying. They can't deny you if you've had a beer, now pot is on the same footing as beer, so why would they be able to deny you your rights when you haven't broken any law?
            Originally posted by fiddletown
            This court decision will have no effect whatsoever.

            This Massachusetts case involved a federal trial court's ruling regarding the effect of very old marijuana possession convictions as disqualifying conditions under a Massachusetts firearms law.

            A user of marijuana is still prohibited under federal law from possessing guns or ammunition, even if marijuana use is legal under state law.
            Gents,

            Fiddeltown hit it right on the head.

            This case doesn't change a thing, and it's quite likely to go down the tubes on the inevitable appeal. It would be a good case to follow as it goes through the process.

            Marijuana use remains illegal throughout all of the United States. For that reason its use is not the same as having a beer. It's true that Washington and Colorado have removed state-level criminal sanctions from its use, but as long as it remains illegal under federal law, its illegal.
            If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

            Comment

            • #7
              Section 101
              Member
              • Feb 2013
              • 244

              Originally posted by Jimi Jah
              I wonder how this will work out in Colorado. Since pot is legal there, can they use pot use as a denier?

              Seems it would be now be considered the same as alcohol use.
              It's still illegal. They just won't arrest you for it. It's like the highway patrol saying we won't pull you over until you go 5 mph over the speed limit.

              Comment

              • #8
                IVC
                I need a LIFE!!
                • Jul 2010
                • 17594

                Originally posted by Jimi Jah
                Since pot is legal there, ...
                Originally posted by speedrrracer
                ...now pot is on the same footing as beer, ...
                State law in CA and CO is trumped by the federal law. Pot is still illegal in both of those states, just not based on the state law, so it's not enforced.

                Similar to MT claiming that GCA of '68 doesn't apply to them and that they can have/create machine guns as long as they don't cross state lines.
                sigpicNRA Benefactor Member

                Comment

                • #9
                  CapS
                  Member
                  CGN Contributor
                  • Jan 2008
                  • 317

                  Originally posted by IVC
                  ...Similar to MT claiming that GCA of '68 doesn't apply to them and that they can have/create machine guns as long as they don't cross state lines.
                  Now there's a thougt to conjure with. Let the nullifications keep coming!



                  Cap
                  Originally posted by Lex Arma
                  In the final analysis, rights in a Republic are protected by the people themselves. If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties.... Keep educating your neighbors and friends about the legacy of freedom that founded this nation and remind them what it takes to keep it free. --Don Kilmer
                  sigpic

                  Comment

                  • #10
                    a1c
                    CGSSA Coordinator
                    • Oct 2009
                    • 9098

                    The irony is that form 4473 still is about use, not growing or selling. That means that someone in California can be growing pot legally for a 215 patient or selling to a dispensary, honestly answer the form's question if they're not a user and just a grower, and therefore not become a prohibited person.

                    Now sure, growing marijuana is illegal by federal standards, but the 4473 form doesn't ask anything about that...
                    WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

                    Comment

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