by Tim Brown, Freedom Outpost:
Oh, look how government trades the use of something that grows in nature for your rights to keep and bear arms that “shall not be infringed.”
Yep, is the liberal State of Hawaii that is going after users of cannabis.
The Honolulu Police Department has issued an order for medical marijuana users to “surrender your firearms.”
Not only is this is a violation of the Fifth Amendment’s protections, but since when did cops get to make such a decision?
KITV reports, “In a letter dated November 13th new Chief of police Susan Ballard states card-holders have 30 days to surrender weapons, permits, and ammunition to HPD or to transfer ownership. According to the letter, the only way card-holders can get their weapons back is to get clearance from their doctors.”
According to the Honolulu Star, the letter claims, “Your medical marijuana use disqualifies you from ownership of firearms and ammunition.”
Ballard cites Hawaii Revised Statutes, Section 134-7 (a) as the reason for the move. That section reads: “No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefore.”
Interesting since people using medical marijuana would be able to do so under law even though “law” should have no governance over a plant in the first place.
Furthermore, these people do not necessarily qualify as a “prohibited” person since Ballard cannot point to a law in which they are in violation of nor can she point to a conviction, something the Fifth Amendment demands before one can lose their rights.
Leafly commented that the letters appear to represent “the first time a law enforcement agency has proactively sought out state-registered medical marijuana patients and ordered them to surrender their guns.”
Here’s a copy of the letter.
The letter claimed “a medical doctor’s clearance letter is required for any future firearms applications or returns of firearms from HPD evidence.”
U.S. Court of Appeals for the Ninth Circuit ruled that a ban on gun ownership for medical marijuana users is constitutional.
According to the court, marijuana use remains illegal on the federal level, even if a state exercises the 10th Amendment against the DC beast, but they fail to argue from a position of the Fifth Amendment’s protections regarding this.
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