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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,598
    SoMD / West PA
    A pro-marijuana ruling in regards to those who partake, as long as you are sober.

    Changing who is a prohibited person is only limited to the 5CA:

    "Just as there was no historical justification for disarming a citizen of sound mind, there is no tradition that supports disarming a sober citizen who is not currently under an impairing influence," Smith wrote. "Indeed, it is helpful to compare the tradition surrounding the insane and the tradition surrounding the intoxicated side-by-side."

    The federal statute applied not only when a person is intoxicated but also when they are sober and in possession of a controlled substance.

    The opinion goes on to suggest that the founders "institutionalized the insane and stripped them of their guns; but they allowed alcoholics to possess firearms while sober."

     

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