Ban on marijuana users possessing firearms ruled unconstitutional

https://www.reuters.com/world/us/ban-marijuana-users-owning-guns-is-unconstitutional-us-judge-rules-2023-02-04/

Freedom is a beautiful thing.

Congratulations to those of you who are no longer prohibited persons.

 

If only my OUI didn't have me on the banned list

 

I was that too. About time. Stupid that is ever was a thing. The fed needs to just legalize it all together.

 

I have a PACER account and got the full text of the ruling, link is below in case any of yall are interested.

https://drive.google.com/file/d/1t_Ra-5MfrJPhuJhKDayK0msPCSAeoZN8/view?usp=sharing

It was a good read -

• points out some fundamental illogical stuff in the blanket prohibition of firearms/cannabis users,
• the fact that not all felons are violent and how prohibiting firearm ownership for all felons doesn't make sense [historically/safety wise]
• makes the analogy of "what if the government just decides mowing your lawn is a felony" and strips all of us of our 2A rights eg. legislatures can be arbitrary and capricious in their actions

 

Yup. I have a OUI conviction in 2002 that bars me federally for life.

The state of Massachusetts rammed something through in 1995 or 1996 that any OUI is considered a violent crime, regardless of anything else.

 

That is nonsense, which I am sure you know and feel.
Can you get the conviction expunged?

There was a line in the ruling about how until the 1960/s violent felons = prohibited person's and that the word violent was removed at some point during the 60s..
It discusses how gun restrictions need to abide by historical precedent/intent - and that covering all felons is both over and under representing the risks; there are non violent felonies and violent misdemeanors.

The whole pile of illogical nonsense around this subject bother me

 

Not sure how I would even start if it's an option. The OUI was a misdemeanor and no bodily injury or property damage so that makes it especially puzzling. Though MA isn't known for being 2A friendly in general.

 

You know.... I think I need some snacks!

 

On a federal level or state?

 

Federal

 

Don't forget the Mulford Act.

 

Strange that it’s federal.
In TN, you will only be denied if you’ve had 1 DUI in the last 5 years, or 2 in 10 years.
You would think if it were on a federal level, TN wouldn’t be able to issue a proceed on the sale.

 

I would second this.. seems odd.

@ABA180 your OUI was a federal charge?
Or are you federally prohibited b/c it was classified as a violent crime, despite being a misdemeanor?

Given it was a misdemeanor, no one was hurt and it was 20yr ago, I bet a competent attorney could sort out the expungement process if you are interested and/or verify that this makes no sense and sort a way out of it..

I visited Massachusetts a few years back - first time I had EVER seen an anti/gun billboard . . .

 

So in TN you can/t purchase a firearm if you had a DUI in the past 5yr or 2 in 10yr?
I just want to understand this a bit more -
Here in NC a DUI in the past 3yr = no CCW permit but doesn't affect your ability to buy a firearm

 

In short, that law went into effect when Tennessee went to permitless carry.

It used to apply only only to CCW permits.
TN went permitless carry 2 years ago.
Since you don’t need a permit, there isn’t a permit application.
Which ment, there was no way to check if a person could or couldn’t carry a firearm.
Therefor, they added it to the background check when buying a firearm.

 

As I understand it..

MA considers any OUI a violent crime.

Violent crime convictions bar one on a federal level.

Not necessarily, but MA considers it to be such in general.