The ATF launched clarification on Could 30 to firearm homeowners after the passage of hashish legalization in Minnesota, reminding them that till federal regulation adjustments, they now not have a proper to personal or possess weapons or ammunition, that’s in the event that they partake in smoking, consuming, or vaping the newly legalized, satan’s lettuce.
Please see: ATF Provides Clarification Related to New Minnesota Marijuana Law.
If you happen to had been to ask a convicted felon if they’ve a authorized proper to own a firearm, they might say no. They know this as a result of they had been knowledgeable by the court docket that as a result of they had been convicted of a felony, the Second Modification now not applies to them, and so they know that in the event that they’re caught with a firearm, and even ammunition, they face extra time in jail for the unlawful possession of a firearm, than for the brand new crime they’re caught committing.
If you happen to had been to ask somebody who has by no means been convicted of something, however they carry a medical marijuana card or stay in a state the place hashish is now authorized and so they wish to partake often, in the event that they assume that they’ve a proper to personal or possess a firearm, they might after all say sure, however they might be flawed.
I’m actually scripting this as a public service announcement, in hopes that I don’t see extra of my associates do extra time in jail for gun costs, for possession of what they thought had been authorized weapons, as a result of plainly the hashish group doesn’t perceive that the federal authorities takes away your Second Modification rights as quickly as you decide up a joint, and it doesn’t matter if the state you reside in is authorized or not, or in case you are dying of most cancers.
As quickly as you toke, take a bong hit, smoke a j, eat a brownie, vaporize or in any other case ingest a Schedule 1 substance, you utterly lose your proper to personal, possess, or deal with any kind of firearm or ammunition.
Or because the ninth Circuit identified in Wilson vs. Lynch:
“Turning to federal firearms provisions, underneath 18 U.S.C. § 922(g)(3) no individual ‘who’s an illegal consumer of or hooked on any managed substance’ could ‘possess . . . or . . . obtain any firearm or ammunition.’ As well as, it’s illegal for ‘any individual to promote or in any other case eliminate any firearm or ammunition to any individual realizing or having affordable trigger to consider that such individual . . . is an illegal consumer of or hooked on any managed substance.’”
And it will get worse, as a result of what the federal court docket defines as an “illegal consumer” has nothing to do together with your state legal guidelines, and all the pieces to do with the Managed Substances Act, and the truth that hashish is at present a Schedule 1 managed substance.
State regulation is all the time outdated by federal regulation, once you go right into a federal courtroom, state legal guidelines are inadmissible, a federal choose is not going to hearken to the defendant argue that any state regulation supersedes the Structure of the US. So even when states go medical hashish legal guidelines that particularly don’t exempt a medical hashish consumer from another rights, the medical hashish consumer nonetheless loses their proper to personal and possess a firearm or ammunition underneath federal regulation.
So in case you are a medical hashish affected person, or an off-the-cuff consumer of hashish, and also you get caught by the federal authorities on any kind of cost, your weapons shall be used towards you to boost your sentence and provide you with extra time in federal jail.
I do know a lot of you’d say that coverage may be very hypocritical in mild of how wineries are handled, or beer producers, however we stay within the age of hypocrisy and greater than something, I hate seeing good folks get extra time added on their sentence for hashish cultivation, just because they had been in possession of a firearm, even an vintage firearm, that was handed down by an individual’s dad and saved merely for sentimental causes, the federal authorities will use that as a purpose to present you extra time.
Prosecutors name them “enhancements” to a sentence, and so they like to tack them on, because it provides them leverage towards the defendant who’s now dealing with an in any other case obscenely lengthy time period in jail, not for the hashish per se, however due to the weapons. Gun enhancements have been a entice utilized by cops and prosecutors within the warfare on medicine for many years. However again then, criminals understood the Guidelines of Engagement, and realized they had been carrying an unlawful firearm, however now, in any other case law-abiding residents are in danger as a result of they’re doing one thing utterly authorized within the state they stay in, however due to the battle with federal legal guidelines, and the truth that the federal authorities IS the Second Modification, their easy possession of firearms makes them criminals within the eyes of the federal authorities and courts.
We not solely stay in a hypocritical time, we stay in an odd time in historical past the place we as a society have forgotten that privateness was vital and we traded our safety for “Likes” on Instagram. I’m certain the police departments and federal authorities loves the truth that most individuals don’t want folks snitching on them, as a result of they’re snitching on themselves. I can’t let you know what number of Instagram profiles I’ve seen with fields of hashish or indoor develop rooms that look lovely, after which pistols, or targets from the vary. what I’m speaking about, as you will have seen it as nicely, and so do the police who monitor social media.
Now I say this to not sound like some conspiracy nut, or to make you paranoid, as a result of I’m not, as all the pieces I’m saying is factual. I’m saying this as a result of, lots of people appear to choose and select the legal guidelines that they need to abide by, as you might just like the Second Modification, however you may additionally like the truth that your state legalized hashish and now you are feeling you will have a proper to develop or smoke, which you do. However you must know that you just’re giving up one proper for an additional proper, as a result of when you hold your weapons, the identical authorities that has been mendacity to you about hashish for many of the twentieth century and the start of the twenty first century, will even use these weapons towards you of their court docket of regulation.
So briefly, when you assume that the Second Modification ensures you a proper to bear arms, you’re proper. However you’re giving up that proper as quickly as you decide up a hashish product, medical or not, and devour it.
The ATF has up to date type 4473 to incorporate the query 11e, and when you lie on this type, you face a 12 months in federal jail for merely mendacity, so please hold that in thoughts in case you are attempting to buy a brand new gun, as a result of when you lie, and so they discover out, and you’re denied the acquisition of the firearm, you can be charged for mendacity on the shape in federal court docket.
“11e.: Are you an illegal (keep in mind, they’re speaking federal legal guidelines and never state) consumer of, or hooked on, marijuana or any depressant, stimulant, narcotic drug, or another managed substance? Warning: The use or possession of marijuana stays illegal underneath federal regulation no matter whether or not it has been legalized or decriminalized for medical or leisure functions within the state the place you reside.”
Chances are you’ll be questioning, how does this have an effect on the firearms I already personal? And I hate to be the bearer of unhealthy information, however you now not have a proper to personal and possess the weapons and even the ammunition, in case you are a medical marijuana card holder and even utilizing hashish recreationally in a authorized state. If ever you do get arrested by the federal authorities, they may confiscate all your weapons as a result of technically of their eyes, your rights to own even ammunition, evaporated once you selected to interrupt federal regulation and use a Schedule 1 managed substance.
If you happen to assume that is hypocritical, you’re proper. If you happen to assume that hashish growers ought to have the identical rights as individuals who produce alcohol or run a vineyard, you’re proper once more. However so as to be authorized as a substitute of simply being proper, you’re going to should do one thing concerning the federal legal guidelines and demand equal rights on the federal degree. You’re going to should combat for the federal legalization of hashish, identical to we’ve got needed to combat for the legalization of hashish on the state degree. As a result of till you alter the federal legal guidelines, you may’t level to a federal regulation, or the Second Modification of the Structure and say that it provides you freedom, whereas ignoring the opposite federal legal guidelines that say you don’t have it when you break any of their different legal guidelines.
So to all my associates who’re proponents of the Second Modification, please cease compromising you and your households freedom by promoting publicly the weapons you personal on a Instagram or Fb, neatly pictured subsequent to your backyard and its merchandise. And when you’re occupied with all this, please take a while and name your representatives, and ask them for an answer to this authorized conundrum, as all of us should demand equal rights or we are going to by no means see them.
Don’t shoot the messenger and stay safe.