Delaware Concealed Carry Forum
State News & Gun News => NRA & National Gun News => Topic started by: Clarence on February 05, 2023, 11:47:46 AM
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A federal judge in Oklahoma has ruled that the federal law banning users of marijuana from possessing firearms is unconstitutional.
https://news.google.com/articles/CBMibWh0dHBzOi8vd3d3LmJvbG5ld3MuY29tL3dvcmxkLzIwMjMvMDIvYmFuLW9uLW1hcmlqdWFuYS11c2Vycy1vd25pbmctZ3Vucy1pcy11bmNvbnN0aXR1dGlvbmFsLXUtcy1qdWRnZS1ydWxlcy_SAXFodHRwczovL3d3dy5ib2xuZXdzLmNvbS93b3JsZC8yMDIzLzAyL2Jhbi1vbi1tYXJpanVhbmEtdXNlcnMtb3duaW5nLWd1bnMtaXMtdW5jb25zdGl0dXRpb25hbC11LXMtanVkZ2UtcnVsZXMvYW1wLw?hl=en-US&gl=US&ceid=US%3Aen
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I'm impressed. The judges have been making good logical rulings lately. Hope it lasts.
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The current proposed marijuana legislation making its way through contains provisions for firearm owning/purchasing stating anyone who possesses marijuana would be in violation if they also possess, own, control, or purchase a firearm. Class B misdemeanor - 6 months and $1150
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ok course that is not going to pass constitutional muster
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I hate "constitutional muster".... making laws vs judgment is a like a fat person eating fast food vs a farmer growing vegetables from seeds and making a meal out of it. And everyone that knows their rights ends up being a beta tester for the rest when they get busted for the bs laws
None of these people are going to look at these judgments, let alone the constitution, and say to themselves "this might be against the law" or "this will eventually get struck down", "so maybe we shouldn't do this"
/rant
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Wait with baited breath on this on as it is a Federal trial judge that has made the declaration. This will most definitely be appealed to the Tenth Circuit and, I suspect, the U.S. Supreme Court. The thing to note is that rulings of a trial judge are only binding in the jurisdiction where the ruling was made (i.e. Oklahoma's Federal District Courts). The ruling is only persuasive or advisory authority elsewhere, including other Federal Districts such s the District of Delaware and at the State level. That being said, don't go buying a bunch of weed to keep in the house thinking that this will give you a blanket of immunity from prosecution.
Stay safe and vigilant.