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W.D.Okla.: MJ user not barred from handgun possession under § 922(g)(3). John Wesley Hall’s FourthAmendment.com

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
708
Location
Washington Island, WISCONSIN. Out in Lake Michigan

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,895
Location
Cincinnati, Ohio, USA
"[A] legislature could circumvent the Second Amendment by deeming every crime, no matter how minor, a felony, so as to deprive as many of its citizens of their right to possess a firearm as possible."

This judge must have spent a lot of time reading this forum before writing his opinion. Or this judge has critical thinking skills.
 

Scary Guy

New member
Joined
Jun 22, 2022
Messages
22
Location
Detroit, MI
"[A] legislature could circumvent the Second Amendment by deeming every crime, no matter how minor, a felony, so as to deprive as many of its citizens of their right to possess a firearm as possible."

This judge must have spent a lot of time reading this forum before writing his opinion. Or this judge has critical thinking skills.

I mean they already do that with felonies. I can sort of understand the violent ones (even though after they've paid their debt to society they still have their rights withheld), but I think the nonviolent offenders should at least be allowed to have firearms again.

Back on topic though, this is a major win for both firearms and marijuana enthusiasts. Used to be you couldn't get weed without a medical card here in Michigan. Even then it was limited to CBD and not THC products. Many people would forgo getting a weed card for fear it would endanger their CPL status. Not to mention you wouldn't want to be caught OCing and smoking anyway, especially if you were of a darker skin-tone. That was just free license for the authorities to mess with you.

I even had a friend who left the state he got messed with so much he decided it just wasn't worth it and moved out west for more privacy.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,895
Location
Cincinnati, Ohio, USA
[T]his is a major win for both firearms and marijuana enthusiasts.
Hate to bust your bubble, but it is NOT a major win. This is a win for the defendant and only the defendant. It is not an appeals court or a supreme court decision.

Now don't get me wrong. It is a well written and well reasoned order and opinion. Should the USA decide to appeal, I believe it will have a hard time rebutting the district courts findings.
 

Scary Guy

New member
Joined
Jun 22, 2022
Messages
22
Location
Detroit, MI
I didn't know there was an official distinction between "win" and "major win." I suppose it's still subjective though.

Fine, huge win? Big win? I still think it's pretty major because it's at least something to point to and go "HEY!... ☞ THAT!" Which as far as I'm aware didn't really exist before except for maybe a few lawyers arguing for it. Having a judge point it out seems a lot bigger than having a lawyer do it, at least to me.

In any case I'll take the Ws where I can get them, no matter if the're major or if they only exist hypothetically on some quantum level.
 

Scary Guy

New member
Joined
Jun 22, 2022
Messages
22
Location
Detroit, MI
Yes we can't point to it as an example for anything legally. Sometimes I really hate our "justice" system.

But the media can still point to it at least, and people in general. Right? Isn't that still a win in every other way except legally?

After all, one of the major factors in changing the law is changing public opinion righ.... oh wait no lol. I almost forgot that the government just does whatever the *#&(!(# it wants.
 
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