Thanks for your service. There are plenty of us who are just as disgusted by our country’s treatment of veterans as you are.

Please confirm that NORML has legal counsel helping the medical cannabis users attain their concealed handgun licenses. I will pay up my $35 for a regular membership, if NORML has lawyers advocating for the rights of the people in this case.

You might see if OFF would be willing to assist. Maybe it’s a long shot, but they claim to be “Oregon’s only no-compromise gun lobby.” Make them live up to their motto, or mock them publicly.

It would be nice if the ACLU would be willing to assist, but I have never seen that organization show much interest in protecting the rights of citizens in matters of guns or drugs. (ACLU folks, represent!)

-ED

I took a quick look at the Heller Decision but could not find where they tied it to the natural right of self-defense. They start out directly by observing that the amendment clearly states that it is a right of the people, not of the states. That’s all they really had to do. The 2nd Amendment protects the right of citizens to keep and bear military class arms, to ensure the preservation of the free state. Their intent was clearly to guarantee that the locus of power stayed with the general citizenry, not a small subset of the population comprising an oppressive government. By referencing some state constitutions, the court did associate the right to keep and bear arms with the personal right to self-defense. But, the text of the 2nd Amendment does not address the personal right to self-defense. That is an unenumerated natural right which is protected by the 9th Amendment. (Like your right to provide for your own medical treatment, and your right to recreate responsibly.)

Banning sales to a medical marijuana patient on federal grounds can only happen if the medmj patient admits to a federal crime, and there’s your 5A hook, a la the Tim Leary case in ‘69 that overturned the Marihuana Tax Act.

When you buy a gun from a federally licensed dealer, and when you apply for a concealed handgun license in the state of Oregon, you must fill out a questionnaire which asks direct questions about whether or not you illegally use controlled substances. You must then sign the document attesting to the truth of the statements. This is a clear violation of the 5th Amendment, which prohibits the government from compelling citizens to testify against themselves. If you indicate any condition that can be interpreted that you have violated the controlled substances laws, the dealer will be prohibited from selling you the firearm, or, in the case under consideration here, the sheriff will (or may attempt to) deny your application for a concealed handgun license. The document might also be used as an admission of criminal activity in a prosecution against the applicant. I don’t think the sheriff is bound by the federal law. It is kind of a quirky situation, though. But, the more important point is that the government is prohibited from compelling you to testify against yourself.

-ED

but they don’t see it that way, they just want people who are easy to arrest and who don’t resist.

maybe i should move to Oregon. there is ZERO support in Florida other than an outdated site by the name “JAXcan”.

“They’re comin’ to take our jobs!”

Medical marijuana = people they can’t bust for weed = less arrests = less cops. Especially if medical marijuana = greater acceptance = eventual legalization = a lot less cops.

Here in Oregon, we’ve seen attempts by law enforcement and business to set the following restrictions on medical marijuana patients:

• Can’t carry a concealed weapon
• Can’t become a police officer
• Can’t become a teacher
• Can’t become a state employee
• Can’t run for public office
• Can’t have a driver’s license
• Can be fired just for having a card
• Can be not hired just for having a card
• Can’t get unemployment benefits
• Must tell employer upon hire you have a card
• Must gain employers permission to get a card
• Require patients to take Marinol or Cesamet instead of marijuana

And all of these have been supported by the very powerful law-enforcement and construction industry lobbies, and each time they are beaten back by a coalition of volunteer non-profit Oregon medical marijuana activists, not the least of whom is Oregon NORML’s Madeline Martinez.

Currently NORML Legal Committee member Lee Berger is presenting this case. He secured the gun rights of Mr. Schwerdt and others in the prior cases.

As for the 5th Amendment self-incrimination angle, I think it might partially work. Self-incrimination refers to busting yourself before you’re sentenced. If you’re convicted already, you’re incriminated, no self- required. So I think they can ban sales to those already incriminated. Banning sales to those currently using but not convicted is something else. Banning sales to a medical marijuana patient on federal grounds can only happen if the medmj patient admits to a federal crime, and there’s your 5A hook, a la the Tim Leary case in ’69 that overturned the Marihuana Tax Act.

I’ll bring it up with John Lucy, see what he thinks.

honestly, what massive vendetta do they have against the people who use a freaking plant as medicine?