By John Farnam
Ft Collins, CO –-(Ammoland.com)- Comments on the latest 9th Circuit decision on marijuana and firearms purchases, paraphrased from several lawyer friends, and me:
I’ll preface comments by saying that I’ve personally never used marijuana, nor any other illegal drug, at any time in my life. In addition, I have never consumed ethyl alcohol.
Nor, do I have the benefit of a law-school education.
Accordingly, some may find fault with the following:
The notorious Federal Appeals Court, 9th Circuit, has just ruled that the mere possession of a medical marijuana authorization card, properly issued by a state government, can be used by ATF to disqualify an otherwise legal firearms purchase and thus disenfranchise an, in all other ways law-abiding citizen, denying him his Second Amendment rights. Actual marijuana use by the individual is not even the issue.
Your Constitutional rights are now withdrawn, simply because you MIGHT use marijuana, legally (at least according to state law)!
When state permission to use any particular medication becomes a legal basis for denying a citizen’s right to keep and bear arms, why not universally apply the same restriction to anyone who has in his possession a “normal” prescription for an opioid, diazepam, or any other potentially impairing, or consciousness-altering, drug?
What about ethyl alcohol? Its consciousness-altering/impairing properties are beyond dispute. Yet, every American over the age of twenty-one has an “implied prescription” to consume ethyl alcohol, in any amount, and for any reason. Should all potential ethyl-alcohol consumers (which includes nearly all adults) be automatically denied a driver’s license? The fact that you don’t drink doesn’t matter. It only matters that your are AUTHORIZED to drink!
Between:
“You may fill this prescription,” and “You are in possession of a firearm while significantly chemically impaired,” there is a chasm!
Let’s not lose track of the real issue. Let’s not open a can or worms by drawing “lines in the sand,” based solely on prejudice against a single substance [in this case marijuana].
On ATF forms, putting a check-mark in the box that asks if you are “addicted to a drug” has for decades represented an automatic veto for legal gun purchases.
However, “addiction” is a slippery term, with no universally-agreed-upon definition, and until now, no particular drug has ever been singled-put for presumed association with villainy. In fact, the form never even asks if the “drug” involved is legal or illegal!
A chronic pain patient may be on prescribed opiates for years, developing a tolerance that permits normal functioning. Unmedicated, he would be overcome with pain and thus “impaired.”
Should they all be automatically disenfranchised? Technically, they are “addicted” to opiates, but not impaired.
Addiction? Yes. Impairment? Likely not for the chronic pain patient. Addiction is a “side-effect” of the drug which, while regrettable, cannot be avoided. Nor can it be ignored, but it has little bearing on whether or not the person can safely possess a firearm.
Some people, owing to demonstrated criminal behavior, are identifiable as unfit to possess firearms. No dispute there! However, the classification must have a credible factual bases.
This decision has no factual basis, and simply does not make sense.
Too much government? I’m shocked!
How about: “Responsible, adult behavior is legal. Irresponsible, adult behavior is illegal?”
We need to rely upon logic, credible evidence, and our Constitution, not emotional hysteria, unsupportable fads, and agenda-driven politics.
Legally, there is a word for all this. The Latin is “bullshit!”
/John
About John Farnam & Defense Training International, Inc
As a defensive weapons and tactics instructor John Farnam will urge you, based on your own beliefs, to make up your mind in advance as to what you would do when faced with an imminent and unlawful lethal threat. You should, of course, also decide what preparations you should make in advance, if any. Defense Training International wants to make sure that their students fully understand the physical, legal, psychological, and societal consequences of their actions or inactions.
It is our duty to make you aware of certain unpleasant physical realities intrinsic to the Planet Earth. Mr Farnam is happy to be your counselor and advisor. Visit: www.defense-training.com
“Let’s not lose track of the real issue. Let’s not open a can or worms by drawing “lines in the sand,” based solely on prejudice against a single substance [in this case marijuana].”
The REAL substance is the gun ownership. Just another veiled attempt at gun control. Just more nails in the coffin…..
This is no different than the attempts to disqualify someone for being added to a “watch list”. Remember the new 2A.
“A well-regulated population being necessary to the security of a police state, the right of the Government to keep and destroy arms shall not be infringed.”
Vin Suprynowicz
Bravo to the author ,and Ammoland for going where NRA is too timid to tread !
This issue is being beat to death and nothing comes of it but polarizing sides. The government needs to stay out of our bodies, PERIOD. What an adult citizen chooses to do with their own body is NOT the government’s business. However we have dems in congress screaming about stopping the “opioid epidemic” sweeping our country and trying to pass funding in the multi millions to combat this new scourge. I am at a unique place in this conversation… I am a disabled vet who is prescribed morphine, tramadol, ibuprofen, naproxen, and lorazepam to treaty chronic pain (three compression fractured… Read more »
Excellent points Greg. Physical dependence is not addiction. Those more familiar with addiction definitions and effects should weigh in. Separately, this same issue has reared it’s head at the state level in the CCW arena. Whenever a state has a database or non-confidential legally protected paper trail, (e.g., med marijuana card holders), there eventually will be a problem. It is too easy to cross check say a CCW applicant database against a Med Marijuana database. Time to dump the cards and make it private. Treat it same as any Rx. If walk around w opiates in your pocket w/out a… Read more »
I appreciate this article and agree with most of it. I am also a person who experiences chronic pain due to multiple medical conditions. That is MY “unpleasant physical reality”. I took opiates (for years) and now do not, so I know of which I speak. Addiction doesn’t necessarily occur in persons taking opiates long-term (the statistics say approximately 10% of patients). Rather, such a person develops a tolerance and can function fairly normally with a significant reduction in pain. This person will go through a very unpleasant experience if the medication is abruptly withdrawn. There are many, MANY prescription… Read more »