9th Circuit Court rules possessing gun while growing marijuana is a crime

Once again, the marijuana exception to the Bill of Rights is highlighted.  Just last year, the Supreme Court ruled in DC v. Heller that the 2nd Amendment guarantees a personal right to a firearm:

In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.

But not for self-defense at an illegal marijuana grow:

(Ashland Daily Tidings) MEDFORD — A federal appeals court has ruled that simply carrying a weapon while growing marijuana is a crime in itself.

The 9th U.S. Circuit Court of Appeals affirmed the conviction of a Medford-area man who argued that keeping a .45 caliber semiautomatic pistol within reach while sleeping in a tent at a marijuana operation was not a separate crime.

Somkhit Thongsy was charged with possession of a firearm in furtherance of a felony after U.S. Drug Enforcement Administration agents raided a large marijuana farm in the remote Wolf Creek area of Southern Oregon in the spring of 2007.

The appeals court ruled Monday the evidence the pistol was part of the drug operation was overwhelming, and it was not used for hunting or kept in the tent by accident.

Keep in mind here that as far as the 9th Circuit and the federal courts are concerned, all marijuana grows are a felony.  So you state-registered medical marijuana growers in California, Oregon, and Washington covered by the 9th Circuit, you are on notice: you have no federal 2nd Amendment rights anymore.

But if you want to bring semi-automatic weapons to a rally for the president, that’s OK:

Man with assault rifle at Obama health care rally in Arizona (Scott Wong/The Arizona Republic)

(AZ Central) One sight was perhaps a little unnerving to those in charge of making sure everybody remains on their best behavior.

A man, who decided not to give his name, was walking around the pro-health care reform rally at Third and Washington streets, with a pistol on his hip and an AR-15 (a semi-automatic assault weapon) on a strap over his shoulder.

“Because I can do it,” he said when asked why he was armed. “In Arizona, I still have some freedoms.”

Two police officers were staying very close to the man.

“What he is doing is perfectly legal,” Det. J. Oliver, of the Phoenix Police Department said. “We are here to keep the peace. If we need to intervene, we will intervene at that time.”

Fantastic, now let’s suppose fifty people go to see the president while packing heat.  We can get 100 cops to watch them.  Meanwhile, thousands of citizens legally growing medical marijuana for disabled people are not allowed to have firearms and every home invasion robber knows that and the cops are too busy keeping an eye on protesters with guns to do anything about it.

Isn’t it weird to think that the 9th Circuit Court would have had Thomas Jefferson and George Washington busted for the muskets they kept near their hemp plantations?