Biden Administration Sued over Violation of Second Amendment – by a Democrat

[C_Clayton_Jones]

So much for the lie that Democrats are ‘anti-Second Amendment’ and ‘anti-gun.’

‘Florida’s lone statewide elected Democrat, Agriculture Commissioner Nikki Fried, plans to sue the Biden administration Wednesday to try to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.

NBC News obtained a draft copy of the lawsuit.

The lawsuit targets a federal form that asks whether the gun buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law. A person allowed by the state to use marijuana must then check “yes,” which results in denial of the purchase. Lying by checking “no” runs the risk of a five-year prison sentence for making a false statement.

Fried, whose office oversees concealed weapons permits and regulates some aspects of medical marijuana, argues in her lawsuit that the form violates the Second Amendment rights of lawful medical marijuana patients and runs afoul of a congressional budget prohibition on federal agents’ interfering with state-sanctioned cannabis laws.’

Top Florida Democrat sues Biden administration over marijuana and guns

Agriculture Commissioner Nikki Fried's lawsuit targets a federal requirement that prohibits medical marijuana users from purchasing firearms.

www.nbcnews.com

 

[Darkwind]

So much for the lie that Democrats are ‘anti-Second Amendment’ and ‘anti-gun.’

‘Florida’s lone statewide elected Democrat, Agriculture Commissioner Nikki Fried, plans to sue the Biden administration Wednesday to try to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.

NBC News obtained a draft copy of the lawsuit.

The lawsuit targets a federal form that asks whether the gun buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law. A person allowed by the state to use marijuana must then check “yes,” which results in denial of the purchase. Lying by checking “no” runs the risk of a five-year prison sentence for making a false statement.

Fried, whose office oversees concealed weapons permits and regulates some aspects of medical marijuana, argues in her lawsuit that the form violates the Second Amendment rights of lawful medical marijuana patients and runs afoul of a congressional budget prohibition on federal agents’ interfering with state-sanctioned cannabis laws.’

Top Florida Democrat sues Biden administration over marijuana and guns

Agriculture Commissioner Nikki Fried's lawsuit targets a federal requirement that prohibits medical marijuana users from purchasing firearms.

www.nbcnews.com

Tell Me that you understand the definition of "Lone".

Idiot.

 

[C_Clayton_Jones]

The issue concerns question 21e of the Firearms Transaction Record – form 4473:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

 

[1srelluc]

Don't get excited....It's really all about the weed.

 

[mudwhistle]

So much for the lie that Democrats are ‘anti-Second Amendment’ and ‘anti-gun.’

‘Florida’s lone statewide elected Democrat, Agriculture Commissioner Nikki Fried, plans to sue the Biden administration Wednesday to try to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.

NBC News obtained a draft copy of the lawsuit.

The lawsuit targets a federal form that asks whether the gun buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law. A person allowed by the state to use marijuana must then check “yes,” which results in denial of the purchase. Lying by checking “no” runs the risk of a five-year prison sentence for making a false statement.

Fried, whose office oversees concealed weapons permits and regulates some aspects of medical marijuana, argues in her lawsuit that the form violates the Second Amendment rights of lawful medical marijuana patients and runs afoul of a congressional budget prohibition on federal agents’ interfering with state-sanctioned cannabis laws.’

Top Florida Democrat sues Biden administration over marijuana and guns

Agriculture Commissioner Nikki Fried's lawsuit targets a federal requirement that prohibits medical marijuana users from purchasing firearms.

www.nbcnews.com

Wow.....after decades of them trying to take our guns....one Democrat filing a lawsuit proves it never happened?
Do you actually expect us to believe that the entire Democide Party agrees with this person now?

 

[C_Clayton_Jones]

Tell Me that you understand the definition of "Lone".

Idiot.

Commissioner Fried is of course correct – to deny Florida residents who are lawful users of medical marijuana the right to possess firearms clearly violates the Second Amendment.

This is yet another example of Democrats defending individual liberty against government excess and overreach.

 

[lg325]

Wow.....after decades of them trying to take our guns....one Democrat filing a lawsuit proves it never happened?
Do you actually expect us to believe that the entire Democide Party agrees with this person now?

Not the entire party just a faction. There are many factions of the Floridas Dem Party from extremes in either political direction or in the middle. It will cause some serious debate in the county's dem party.

 

[C_Clayton_Jones]

Someone who is authorized to use medical marijuana – or whose state has decriminalized recreational marijuana use – is neither engaged in the unlawful use of marijuana nor is addicted to marijuana.

To presume that the lawful, medicinal use of marijuana renders a citizen incapable of being responsible with a firearm – and to prohibit his possession of a firearm as a consequence – is clearly un-Constitutional.

 

[whitehall]

I hate to be put in a position where I agree with the Biden administration but I agree with the ruling that medical marijuana addicts should not be authorized to carry a concealed weapon.

 

[C_Clayton_Jones]

No surprise – the big government authoritarian right opposes both decriminalizing marijuana and allowing lawful marijuana users to possess firearms.

 

[mudwhistle]

Not the entire party just a faction. There are many factions of the Floridas Dem Party from extremes in either political direction or in the middle. It will cause some serious debate in the county's dem party.

Here's the rub on that. The Democrat Debates featured questions on gun legislation/banning types of guns.
It's clear from anyone who watched the Democrat Debates that the Democide Party fully intends on disarming the public so they can more easily murder us....the exact way they're doing in Shanghai China as we speak.

 

[Abatis]

So much for the lie that Democrats are ‘anti-Second Amendment’ and ‘anti-gun.’

Not a lie. It is always a safe bet that any appearance that a Democrat is supporting gun rights is a Trojan Horse or at a minimum, a misdirection . . .

This hyena will not change its allegiances.

 

[Abatis]

Commissioner Fried is of course correct – to deny Florida residents who are lawful users of medical marijuana the right to possess firearms clearly violates the Second Amendment.

She has no authority to speak for these citizen's right to possess a firearm; her authority only extends to the issuance of a state permit to carry a concealed firearm under the laws of Florida . . . Laws enacted by the legislature and governor and enforced under the Florida constitution.

This suit might be better filed after SCOTUS hands down NYSRPA but even then it is questionable. It seems unlikely that SCOTUS will find for a 2nd Amendment right, enforced on the states by the 14thA, to carry a concealed firearm. So NYSRPA is unlikely to help directly; it is not going to speak to the legal issues here. It should be noted, that Florida bans all open carry even with the permit, this suit could wind up being a Pandora's Box for the state depending how NYSRPA shakes out . . .

She would be better off to sue simply on challenging the federal power reaching down to impair the state to recognize an exemption it desires to offer to its citizens. She should frame it in the exemption to the Lautenberg Amendment (922(g)(9) misdemeanor gun prohibition) pushed through to allow domestic abusing state and local cops to have their guns . . . Of course that was a CYA that scumbag gun hating Democrats in Congress had to crib together in the dead of night, but that hasty, afterthought action leaves points for judges to wedge other state desired exceptions into federal prohibitory statutes.

This is yet another example of Democrats defending individual liberty against government excess and overreach.

You are funny . . . She ran on an anti-gun and pro-pot agenda. She has not altered the first at all but if she can use the current strong legal status of the RKBA/2ndA as a wedge to frustrate and eliminate the pushing down of federal authority over pot into the states, she will employ it and that's all she is doing.

For a long time there has been parallel arguments challenging federal authority for guns and pot, especially for guns and pot that never enter interstate commerce. Which ever one pierces that federal commerce clause claim first, will blaze the path for the other.

.

 

[miketx]

Someone who is authorized to use medical marijuana – or whose state has decriminalized recreational marijuana use – is neither engaged in the unlawful use of marijuana nor is addicted to marijuana.

To presume that the lawful, medicinal use of marijuana renders a citizen incapable of being responsible with a firearm – and to prohibit his possession of a firearm as a consequence – is clearly un-Constitutional.

Especially since weed ain't addicting.

 

[bigrebnc1775]

So much for the lie that Democrats are ‘anti-Second Amendment’ and ‘anti-gun.’

‘Florida’s lone statewide elected Democrat, Agriculture Commissioner Nikki Fried, plans to sue the Biden administration Wednesday to try to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.

NBC News obtained a draft copy of the lawsuit.

The lawsuit targets a federal form that asks whether the gun buyer is an unlawful user of drugs and specifies that marijuana is illegal under federal law. A person allowed by the state to use marijuana must then check “yes,” which results in denial of the purchase. Lying by checking “no” runs the risk of a five-year prison sentence for making a false statement.

Fried, whose office oversees concealed weapons permits and regulates some aspects of medical marijuana, argues in her lawsuit that the form violates the Second Amendment rights of lawful medical marijuana patients and runs afoul of a congressional budget prohibition on federal agents’ interfering with state-sanctioned cannabis laws.’

Top Florida Democrat sues Biden administration over marijuana and guns

Agriculture Commissioner Nikki Fried's lawsuit targets a federal requirement that prohibits medical marijuana users from purchasing firearms.

www.nbcnews.com

Sounds like they are trying to change the habitual drug use restrictions so it would help hunter with his illegal gun use.