Advertisement

Drudge Retort: The Other Side of the News
Tuesday, February 07, 2023

In a ruling issued on Friday, a federal judge in Oklahoma said prohibiting marijuana users from owning guns violates the Second Amendment.

END;

More

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

The government proffered several analogies to founding era laws in support of the ban. All were rejected by the court.

My favorite rejection was the government's contention that weed users are like "dangerous lunatics" whose rights can be restricted in the name of public safety. The judge responded: "The mere use of marijuana does not indicate that someone is in fact dangerous, let alone analogous to a 'dangerous lunatic,'" Wyrick notes. "There are likely nearly 400,000 Oklahomans who use marijuana under state-law authorization. Lumping all those persons into a category with 'dangerous lunatics,' as the United States' theory requires, is a bridge too far."

#1 | Posted by et_al at 2023-02-06 10:28 PM | Reply | Newsworthy 2

"...the Bruen test requires the government to show that the law he violated is consistent with the right to arms as it was historically understood."

Right here you have the legal framework for 2 classes of citizens. Those whose interests were protected by the laws in effect historically-i.e. landowning white males and those whose interests were NOT protected by the laws historically-women and People of Color.

If you think that is ridiculous, think for a moment whether women wouldn't have codified abortion as legal and prevented spousal abusers from having guns.

Patently unjust.

#2 | Posted by truthhurts at 2023-02-06 10:42 PM | Reply | Newsworthy 4

My favorite rejection was the government's contention that weed users are like "dangerous lunatics" whose rights can be restricted in the name of public safety. The judge responded: "The mere use of marijuana does not indicate that someone is in fact dangerous, let alone analogous to a 'dangerous lunatic,'" Wyrick notes. "There are likely nearly 400,000 Oklahomans who use marijuana under state-law authorization. Lumping all those persons into a category with 'dangerous lunatics,' as the United States' theory requires, is a bridge too far."
#1 | POSTED BY ET_AL

Well hot chit on a platter! Boy, I tell you wut! I'd never in my life expect to see such a beautiful, progressive and FACTUAL determination. This shift on Cannabis at a national level, especially in the South, is so surprising. I'm sorry, never thought I'd see this type of evolution in my lifetime let alone so quickly.

#3 | Posted by rstybeach11 at 2023-02-06 10:59 PM | Reply | Newsworthy 4

not "consistent with this Nation's historical tradition of firearm regulation"

Waiting to find out what is consistent...

#4 | Posted by snoofy at 2023-02-07 12:11 AM | Reply

Waiting to find out what is consistent...

Not having any?

#5 | Posted by REDIAL at 2023-02-07 12:45 AM | Reply

#3 | POSTED BY RSTYBEACH11

I grew up in Lamar County on the Red River boundary. I've spent a lot of time in SE and Central Oklahoma, a lot.

I was shocked when they legalized Med MJ. I dream that Texas will one day be so progressive.

#6 | Posted by et_al at 2023-02-07 02:37 AM | Reply

Liberals: "Weed good but guns bad. ----, where am I supposed to stand on this?"

Pssst: if you go far enough Left, you get your guns back.

#7 | Posted by VictorZiblis at 2023-02-07 07:11 AM | Reply | Funny: 2 | Newsworthy 1

#7 Yup

#8 | Posted by Karabekian at 2023-02-07 03:50 PM | Reply

#7 Yup

#8 | POSTED BY KARABEKIAN

Wolfdog got an alias. Who would have guessed...

#9 | Posted by Sycophant at 2023-02-07 04:41 PM | Reply

My favorite rejection was the government's contention that weed users are like "dangerous lunatics" whose rights can be restricted in the name of public safety.

#1 | Posted by et_al

Sounds like someone has watched 'Reefer Madness' a bit too often:

en.wikipedia.org

As for that argument, one could use it to make the case the anyone who has a cocktail after work or a beer while grilling some steaks shouldn't be allowed to own a gun either.

I support the idea of background checks and 'red flag' laws and keeping guns out of the hands of known domestic abusers, but somehow equating smoking a joint with threatening public safety, give me a break.

Disclaimer: I'm a life-long gun owner, having been given my first rifle, which I still have, when I was nine-years old. And so that there's nothing being hidden, I'm also a liberal-minded Democrat, having been registered as such since I was 21 (the 26th Amendment was passed three-years later) and have voted in virtually every election since then.

OCU

#10 | Posted by OCUser at 2023-02-07 05:36 PM | Reply

Waiting to find out what is consistent...

#4 | POSTED BY SNOOFY AT 2023-02-07 12:11 AM | REPLY

Slaves of the government aren't allowed to have guns. We've got that going for us.

#11 | Posted by sitzkrieg at 2023-02-07 07:22 PM | Reply

"My favorite rejection was the government's contention that weed users are like "dangerous lunatics" whose rights can be restricted in the name of public safety."

^
That type of language regarding drugs by the courts is part and parcel of the decisions that grew the American police state.

This footnote from the opinion was a treat.

1 It turns out this wasn't completely accurate; Harrison was actually on bond pending trial
in Texas for that aggravated assault. Harrison and another man are alleged to have shot into
a crowd at a college party, seriously wounding at least one partygoer. It is not clear from
the available records in the Texas case whether any conditions of release were imposed on
Harrison other than the location monitoring.
fingfx.thomsonreuters.com

It does feel a bit strained to not dispossess him of his firearms for what's above, and then attempt to do so for marijuana. But as we all know police are just following orders, and judges are just following Bruen.

Was firing a weapon into a crowd of partygoers enough to get your firearms confiscated, at the time the Second Amendment was ratified?

#12 | Posted by snoofy at 2023-02-07 07:27 PM | Reply

Slaves of the government aren't allowed to have guns. We've got that going for us.

#11 | POSTED BY SITZKRIEG

I was hoping more for women. Minorities. The poor. There's got to be all kinds of old laws they can dredge up. They don't just come up with this kind of rationale without an opportunity in mind.

#13 | Posted by snoofy at 2023-02-07 07:29 PM | Reply

... since I was 21 (the 26th Amendment was passed three-years later) and have voted in virtually every election since then.

I turned 18 in September and bought my first legal beer on that day. I voted in November and pretty have done so ever since.

#14 | Posted by et_al at 2023-02-08 02:51 AM | Reply

Sounds like someone has watched 'Reefer Madness' a bit too often:

Kinda my take, the government's lawyers weren't the brightest bulbs in the chandelier.

The footnote? The pos troll fails again. The charge requires conviction. The government's lawyer's again failed at their burden of proof. Shame.

#15 | Posted by et_al at 2023-02-08 03:22 AM | Reply | Newsworthy 1

My personal favorite version of "Reefer Madness" has been showing on RiffTracks on the Pluto Channel. It has been lightly colorized. EVERY time somebody exhales weed smoke, it is a different pastel color, i.e., pink, yellow, blue, and green!

#16 | Posted by john47 at 2023-02-08 11:57 AM | Reply

Right here you have the legal framework for 2 classes of citizens. Those whose interests were protected by the laws in effect historically-i.e. landowning white males and those whose interests were NOT protected by the laws historically-women and People of Color.

If you think that is ridiculous, think for a moment whether women wouldn't have codified abortion as legal and prevented spousal abusers from having guns.

Patently unjust.

#2 | Posted by truthhurts

Marijuana was made illegal purposefully aimed at "negroes" after Prohibition was overturned. Harry J Anslinger, then the assistant commissioner in the United States' Treasury Department's Bureau of Prohibition, in charge of enforcing Prohibition, found himself with little to do. Same guy behind "Reefer Madness."vAnslinger was appointed the founding commissioner of the Treasury's Federal Bureau of Narcotics.

Since farmer's wives were snorting cocaine as an "elixer," he couldn't go after cocaine, so he went heavily after marijuana, which was viewed as a drug primarily used by "negroes."

In other words, his efforts to make marijuana illegal at the federal level was racist at its core.

#17 | Posted by AMERICANUNITY at 2023-02-08 02:12 PM | Reply | Newsworthy 3

I am personally very much in favor of this outcome (that marijuana users hopefully won't be unfairly targeted anymore and hit with trumped up gun charges), but hate the BS legal basis for it (the whole "historical precedent" necessity).

So, as a liberal I am not conflicted about this. I am only in favor of restricting guns for everyone equally, and that generally just to ensure that gun owners are safe and responsible.

But I do wonder how conservatives will feel about this. "Pot bad... guns good." We know where they have landed in the past when it was "Black people bad... guns good.", they dropped the "guns good" part (by none less than Ronald Reagan).

So it does make me feel good (karma maybe) that conservatives' BS legal basis is being used for a good outcome.

#18 | Posted by gtbritishskull at 2023-02-08 02:26 PM | Reply

"The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy."

So just who is "the government" in this case, the party that is arguing that marijuana users are dangerous? That would be the Biden administration's Federal prosecutors making that argument.

#19 | Posted by Miranda7 at 2023-02-08 09:48 PM | Reply

So it does make me feel good (karma maybe) that conservatives' BS legal basis is being used for a good outcome.
#18 | POSTED BY GTBRITISHSKULL

Right, like Miranda the rapist (not Miranda7) did us all a solid by getting it so they police have to read us our rights.

Which, of course, a Republican Supreme Court took away a few years ago.
Just like they took away the right to abortion.
Just like they took away any chance the government had to regulate firearms among people who are "dangerous, unvirtuous, and untrustworthy" via Bruen.

#20 | Posted by snoofy at 2023-02-08 09:53 PM | Reply

Oklahoma

Felons? Here's your gun.
Domestic Abusers? Here's your gun.
Mentally Ill? Here's your gun.

Weed users? Hell no!

#21 | Posted by Sycophant at 2023-02-09 09:31 AM | Reply

So just who is "the government" in this case ...

That would be a career front line prosecutor. www.justice.gov

Robert J. ("Bob") Troester was appointed as the United States Attorney for the Western District of Oklahoma by the United States District Court effective April 25, 2022. Mr. Troester had been serving as the United States Attorney following his appointment by Attorney General Merrick Garland on December 26, 2021. Before that time, he was serving as Acting U.S. Attorney under the Vacancies Reform Act since March 1, 2021.
...
Mr. Troester joined the U.S. Attorney's Office in 1995 and has handled both civil and criminal cases. Since 2002, he has held various management positions in the U.S. Attorney's Office, including Acting U.S. Attorney on four prior occasions, First Assistant U.S. Attorney, Executive Assistant U.S. Attorney, and Chief of the Civil Division. He has also served the Department of Justice in Washington D.C. as Associate Deputy Attorney General and Sr. Counsel to the Deputy Attorney General from 2017-2018, Deputy Director of the Executive Office for U.S. Attorneys (EOUSA) from 2001-2002, and EOUSA's Affirmative Civil Enforcement (ACE) Coordinator from 1999-2000.

#22 | Posted by et_al at 2023-02-09 02:15 PM | Reply

Comments are closed for this entry.

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2023 World Readable

Drudge Retort