420 with CNW — Attorneys Say Government’s Resp
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Posted On: 04/19/2023 5:15:39 PM
420 with CNW — Attorneys Say Government’s Response in Gun Rights Case Is ‘Dangerous and Startling’
Attorneys recently filed a case appealing the federal government’s decision to prevent patients using medical cannabis from owning firearms. The attorneys, who are representing medical marijuana patients from Florida, are asking the Court of Appeals for the Eleventh Circuit to overturn a decision made by the federal district court to dismiss the lawsuit, arguing that the ban is inconsistent with recent Supreme Court precedent, in addition to being unconstitutional.
Recently, the Justice Department stated that allowing medical cannabis patients to own guns could undermine the government’s ability to restrict ownership by individuals who are addicted to controlled substances such as cocaine, meth and fentanyl. The attorneys stated that the respondents attempted to lump the use of legal medical marijuana with more dangerous and serious substances such as heroin, cocaine, meth and fentanyl, mainly because the respondents lacked historical support for their stance.
The attorneys further note that the argument is based on the assumption that allowing illicit drug users to purchase or possess firearms will deter the court from siding with them. However, this ignores the fact that the possession of the other substances, save for marijuana, can constitute a felony that will justify gun restrictions.
The plaintiffs then noted that the remarks made by the DOJ were dangerous and startling, because multiple chares of possession of marijuana, which would normally be considered a misdemeanor offense, would accelerate to a felony, warranting the loss of an individual’s second amendment rights. This is despite the fact that individuals wouldn’t have been prosecuted for said offenses.
Parties involved will have to wait and see how the courts decide to proceed in the matter, with the Justice Department hinting that it may allow oral arguments to be scheduled, given the case’s significance and novelty. Attorneys involved in the Florida case also submitted a notice of supplemental authority citing a development in a separate but related federal lawsuit.
Those supporting the Florida lawsuit argue that the Alcohol, Tobacco, Firearms, and Explosives Bureau requirement establishes an incentive for marijuana consumers to either buy a gun on the illegal market or forgo their right to bear arms. Advocates have also maintained that ending the federal ban for marijuana consumers isn’t about expanding gun rights but a matter of constitutionality and public safety.
Earlier in February, the U.S. District Court for the Western District of Oklahoma ruled that the firearms ban for any marijuana consumer was unconstitutional. In the final ruling, the judge highlighted that the federal ban prohibiting individuals who used marijuana from selling, transferring or possessing firearms was unconstitutional.
Entities such as Advanced Container Technologies Inc. (OTC: ACTX) are likely to follow this case closely since its outcome may impact their strategic plans and projections.
NOTE TO INVESTORS: The latest news and updates relating to Advanced Container Technologies Inc. (OTC: ACTX) are available in the company’s newsroom at https://cnw.fm/ACTX
Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW420, wherever published or re-published: http://CNW.fm/Disclaimer
Attorneys recently filed a case appealing the federal government’s decision to prevent patients using medical cannabis from owning firearms. The attorneys, who are representing medical marijuana patients from Florida, are asking the Court of Appeals for the Eleventh Circuit to overturn a decision made by the federal district court to dismiss the lawsuit, arguing that the ban is inconsistent with recent Supreme Court precedent, in addition to being unconstitutional.
Recently, the Justice Department stated that allowing medical cannabis patients to own guns could undermine the government’s ability to restrict ownership by individuals who are addicted to controlled substances such as cocaine, meth and fentanyl. The attorneys stated that the respondents attempted to lump the use of legal medical marijuana with more dangerous and serious substances such as heroin, cocaine, meth and fentanyl, mainly because the respondents lacked historical support for their stance.
The attorneys further note that the argument is based on the assumption that allowing illicit drug users to purchase or possess firearms will deter the court from siding with them. However, this ignores the fact that the possession of the other substances, save for marijuana, can constitute a felony that will justify gun restrictions.
The plaintiffs then noted that the remarks made by the DOJ were dangerous and startling, because multiple chares of possession of marijuana, which would normally be considered a misdemeanor offense, would accelerate to a felony, warranting the loss of an individual’s second amendment rights. This is despite the fact that individuals wouldn’t have been prosecuted for said offenses.
Parties involved will have to wait and see how the courts decide to proceed in the matter, with the Justice Department hinting that it may allow oral arguments to be scheduled, given the case’s significance and novelty. Attorneys involved in the Florida case also submitted a notice of supplemental authority citing a development in a separate but related federal lawsuit.
Those supporting the Florida lawsuit argue that the Alcohol, Tobacco, Firearms, and Explosives Bureau requirement establishes an incentive for marijuana consumers to either buy a gun on the illegal market or forgo their right to bear arms. Advocates have also maintained that ending the federal ban for marijuana consumers isn’t about expanding gun rights but a matter of constitutionality and public safety.
Earlier in February, the U.S. District Court for the Western District of Oklahoma ruled that the firearms ban for any marijuana consumer was unconstitutional. In the final ruling, the judge highlighted that the federal ban prohibiting individuals who used marijuana from selling, transferring or possessing firearms was unconstitutional.
Entities such as Advanced Container Technologies Inc. (OTC: ACTX) are likely to follow this case closely since its outcome may impact their strategic plans and projections.
NOTE TO INVESTORS: The latest news and updates relating to Advanced Container Technologies Inc. (OTC: ACTX) are available in the company’s newsroom at https://cnw.fm/ACTX
Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW420, wherever published or re-published: http://CNW.fm/Disclaimer
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