User Panel
Posted: 1/13/2014 6:40:23 AM EDT
I had a thought regarding a declaratory action on marijuana usage and federal firearms prohibitions. using FRCP 57 as the avenue. it would solve any gray area over mj usage and firearm ownership at the federal level. i would suspect a federal court would uphold the federal prohibition. but, if it's clear that the feds aren't enforcing the prohibition, i could see a court taking that into account and striking that law. thoughts?
|
|
|
I was aiming my beating a dead horse emoticon at the subject of, yet again, discussing marijuana. I feel like that subject itself has been beaten to death.
|
|
|
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks.
Wait and see. |
|
|
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. View Quote Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. |
|
Tagged. I don't understand all this lawyer-talk but I want to.
|
|
|
Quoted:
Quoted:
I was aiming my beating a dead horse emoticon at the subject of, yet again, discussing marijuana. I feel like that subject itself has been beaten to death. shhh, adults are talking weed + GD = no adult supervision |
|
Quoted:
Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. We just need to wait for the first denial of purchase or arrest. It'll be interesting if any national firearms rights group will get involved in the fray. |
|
|
Quoted:
Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. I don't think it will fly. They need time to build the case and make examples of some folks. Just because they don't swoop in tomorrow does not mean it is not coming. Let them build up a six month customer data base, get the logistics flowing and then come in like a locust swarm. |
|
|
Quoted:
I thought he smoked massive amounts of it? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. I thought he smoked massive amounts of it? He hates it so much he burned all of it he could find to be rid of it. |
|
Quoted:
I thought he smoked massive amounts of it? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. I thought he smoked massive amounts of it? He did before the conversion. Obama and Co are not the friends of the weed smokers like they thought he would be. More weed raids on medical weed shops have taken place during his time in office. |
|
Quoted:
We just need to wait for the first denial of purchase or arrest. It'll be interesting if any national firearms rights group will get involved in the fray. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. We just need to wait for the first denial of purchase or arrest. It'll be interesting if any national firearms rights group will get involved in the fray. IMO, they won't. |
|
Quoted:
I was aiming my beating a dead horse emoticon at the subject of, yet again, discussing marijuana. I feel like that subject itself has been beaten to death. View Quote Actually, this is a new direction in the MJ themed posts. I'm interested to see how such a dec action would pan out. |
|
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. View Quote View All Quotes View All Quotes Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. One group who hopes to mitigate any risks is the Blue Line Protection Group, which specializes only in security for the marijuana stores.
Seeing a growing market, Ted Daniels started the company and uses ex-military and law enforcement to provide security for the stores' money and supply shipments, and the growing operations. The highly-trained and combat-experienced guards are heavily-armed with assault rifles and protective vests. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. |
|
|
|
Quoted:
The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. One group who hopes to mitigate any risks is the Blue Line Protection Group, which specializes only in security for the marijuana stores.
Seeing a growing market, Ted Daniels started the company and uses ex-military and law enforcement to provide security for the stores' money and supply shipments, and the growing operations. The highly-trained and combat-experienced guards are heavily-armed with assault rifles and protective vests. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. The state needs to start a credit union for this purpose. issue debit cards for weed purchase. remove all cash from the industry. |
|
|
Quoted:
I don't think it will fly. They need time to build the case and make examples of some folks. Just because they don't swoop in tomorrow does not mean it is not coming. Let them build up a six month customer data base, get the logistics flowing and then come in like a locust swarm. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. I don't think it will fly. They need time to build the case and make examples of some folks. Just because they don't swoop in tomorrow does not mean it is not coming. Let them build up a six month customer data base, get the logistics flowing and then come in like a locust swarm. Do you have to register or show ID to buy? I know they check ID at the door (from news videos) but are they recording any information? It sounds like it's a mostly cash business, so there's not even credit card data to track it. |
|
Nolo?
Did HR 3483, put forth by Representative Jared Polis (D-Colorado) end up not going anywhere? |
|
Quoted:
Do you have to register or show ID to buy? I know they check ID at the door (from news videos) but are they recording any information? It sounds like it's a mostly cash business, so there's not even credit card data to track it. View Quote The only "database" of recreational users is the security camera footage. |
|
Quoted:
I will buy you a team membership if you can find me a thread where a lawyer discusses a frcp 57 dec action regarding Colorado. In any forum except the life member forum. Eta: posted before my post. View Quote View All Quotes View All Quotes Quoted:
Quoted:
I will buy you a team membership if you can find me a thread where a lawyer discusses a frcp 57 dec action regarding Colorado. In any forum except the life member forum. Eta: posted before my post. Challenge Accepted... Link |
|
Quoted:
Nolo? Did HR 3483, put forth by Representative Jared Polis (D-Colorado) end up not going anywhere? View Quote Link It's in committee. |
|
Quoted:
I had a thought regarding a declaratory action on marijuana usage and federal firearms prohibitions. using FRCP 57 as the avenue. it would solve any gray area over mj usage and firearm ownership at the federal level. i would suspect a federal court would uphold the federal prohibition. but, if it's clear that the feds aren't enforcing the prohibition, i could see a court taking that into account and striking that law. thoughts? View Quote IANAL, but I like to read these sorts of things. My first observation is that FRCP57 requires two elements: 1.A “justiciable” controversy wherein there are two or more parties at legal loggerheads, and 2.Issuance of a declaratory judgment will “terminate the controversy” giving rise to the proceeding. While the latter may be true, what is the justiciable dispute at this time? That the fed.gov is not enforcing federal law? If that alone that gave standing, I’d be in federal court pro se suing over all of the unilateral changes the Administration is making in statutory provisions of Obamacare. Is there not also the question of whether there is grounds for federal action given interstate commerce in marijuana is specifically prohibited under the Colorado (and perhaps other states’) law? This is akin to the argument under various “Firearms Freedom Acts” that a firearm made inside a state, that can never travel legally in interstate commerce, is exempt from federal law. An interesting case could be made using a firearm made in Colorado by a non-licensee that is sold without a 4473 to a Colorado corporation legally involved in the cultivation, processing, and sale of marijuana. Figuring out that case might leave an AUSA, a defense attorney, and a federal judge in a lunatic asylum. |
|
Quoted:
The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. One group who hopes to mitigate any risks is the Blue Line Protection Group, which specializes only in security for the marijuana stores.
Seeing a growing market, Ted Daniels started the company and uses ex-military and law enforcement to provide security for the stores' money and supply shipments, and the growing operations. The highly-trained and combat-experienced guards are heavily-armed with assault rifles and protective vests. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. What does it pay? |
|
Quoted:
What so you base this assessment off of? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. What so you base this assessment off of? Obama's past performance. His DEA has conducted more raids on medical marijuana shops than Bush did. Also Obama does not like it when the states defy him. He goes after them with much zeal. |
|
$200/hr x 10 hours to draft DJ complaint = $2,000
Just put $1,000 on your garage floor, cover it in gasoline, and set it on fire. You'll still be ahead. |
|
Quoted: The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. View Quote View All Quotes View All Quotes Quoted: Quoted: Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. One group who hopes to mitigate any risks is the Blue Line Protection Group, which specializes only in security for the marijuana stores. Seeing a growing market, Ted Daniels started the company and uses ex-military and law enforcement to provide security for the stores' money and supply shipments, and the growing operations. The highly-trained and combat-experienced guards are heavily-armed with assault rifles and protective vests. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. But I thought legalization would kick the cartels out of business and all the violence would stop? That's what the proponents have been yelling far and wide for quite some time. Nick |
|
Quoted:
But I thought legalization would kick the cartels out of business and all the violence would stop? That's what the proponents have been yelling far and wide for quite some time. Nick View Quote Thanks to the feds' prohibition, credit card companies and banks won't handle transactions. Its a cash and carry business, which is still risky. |
|
Quoted:
I don't think it will fly. They need time to build the case and make examples of some folks. Just because they don't swoop in tomorrow does not mean it is not coming. Let them build up a six month customer data base, get the logistics flowing and then come in like a locust swarm. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. Which, is why I think a timely lawsuit as a declaratory action would force their hands now, and can be used against them in other matters. I don't think it will fly. They need time to build the case and make examples of some folks. Just because they don't swoop in tomorrow does not mean it is not coming. Let them build up a six month customer data base, get the logistics flowing and then come in like a locust swarm. That would be a whole lot of forfeiture and asset freezing for them to get hot and bothered about... |
|
|
Quoted:
I will buy you a team membership if you can find me a thread where a lawyer discusses a frcp 57 dec action regarding Colorado. In any forum except the life member forum. Eta: posted before my post. View Quote View All Quotes View All Quotes Quoted:
Quoted:
I will buy you a team membership if you can find me a thread where a lawyer discusses a frcp 57 dec action regarding Colorado. In any forum except the life member forum. Eta: posted before my post. 13'er. Anyways, I was wondering this as well. If someone answers the 4473 question regarding drug use, where it says, "Unlawful user" are you technically a badguy if you answer no seeing how it's not unlawful at the state level, and the Federal Government doesn't seem too interested in screwing with users. Oh, and it's a total cash cow now that they are *NEVER* getting rid of. Perhaps the 4473 is going to get an edit... |
|
Quoted: Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. View Quote |
|
Quoted:
13'er. Anyways, I was wondering this as well. If someone answers the 4473 question regarding drug use, where it says, "Unlawful user" are you technically a badguy if you answer no seeing how it's not unlawful at the state level, and the Federal Government doesn't seem too interested in screwing with users. Oh, and it's a total cash cow now that they are *NEVER* getting rid of. Perhaps the 4473 is going to get an edit... View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
I will buy you a team membership if you can find me a thread where a lawyer discusses a frcp 57 dec action regarding Colorado. In any forum except the life member forum. Eta: posted before my post. 13'er. Anyways, I was wondering this as well. If someone answers the 4473 question regarding drug use, where it says, "Unlawful user" are you technically a badguy if you answer no seeing how it's not unlawful at the state level, and the Federal Government doesn't seem too interested in screwing with users. Oh, and it's a total cash cow now that they are *NEVER* getting rid of. Perhaps the 4473 is going to get an edit... I wouldn't bet on the Feds doing anything besides being as big of a bag of dick as they can be, unless someone makes them do differently (pass law, court challenge, etc). They want the power, they have the power, they don't want to give up that power....so right now they are "not using it so that people don't remove it." I think this way: If the law lets the government do it, you better be sure they will at some point, even if it wasn't the express intent of the law to begin with. (all you have to do is look at laws designed to keep poor/minorities from getting guns, and how those laws are now being used on everyone.....not that they were good to begin with). |
|
|
Quoted:
$200/hr x 10 hours to draft DJ complaint = $2,000 Just put $1,000 on your garage floor, cover it in gasoline, and set it on fire. You'll still be ahead. View Quote Maybe. But I don't think anything is lost trying. Other than some money. I'm sure the CO recallers were told the same thing. |
|
Quoted:
I can't believe that Obama cares about pot, seems like it's just institutional hatred. The Feds just cannot let it go. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. I don't think Obama personally cares about drugs any more than I do, but if he can use drug laws as a tool to clamp down on gun owners, or any other group whose freedoms represent a threat to his big plans, sure, he'll do it in a heartbeat. I think bama-shooter is correct in that regard. |
|
Quoted: The state needs to start a credit union for this purpose. issue debit cards for weed purchase. remove all cash from the industry. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. The fact that "combat vets" are being hired as mercs to accompany the dealers on their money drops and pot deliveries, carrying ARs and mag vests in case of robbers or cartel hits is also going to be used to enact new gun laws in CO. Especially if one gets into a street battle and any bystanders are hit. One group who hopes to mitigate any risks is the Blue Line Protection Group, which specializes only in security for the marijuana stores. Seeing a growing market, Ted Daniels started the company and uses ex-military and law enforcement to provide security for the stores' money and supply shipments, and the growing operations. The highly-trained and combat-experienced guards are heavily-armed with assault rifles and protective vests. http://www.foxnews.com/us/2014/01/11/colorado-pot-shops-likely-targets-cartels-say-experts/ This is an interesting experiment to watch from afar. I think it will fail and everyone will suffer. The state needs to start a credit union for this purpose. issue debit cards for weed purchase. remove all cash from the industry. I saw this on drudge earlier. http://www.nytimes.com/2014/01/12/us/banks-say-no-to-marijuana-money-legal-or-not.html?_r=1 TL:DR Banks, even state ones want nothing to do with the finances of the (il)legal drug trade. |
|
Forcing the feds to either act or be legally prohibited from acting seems like it would be important to not only the pothead and retailers, but also any US rep from CO.
I would not put it past the current administration to blackmail CO reps by threatening to raid CO to get senators and representatives to vote their way. It seems tenuous at this point. Also the cash will eventually be a problem. It will need to be converted to account balances at some point to pay employees, share holders, etc. How do these shops pay rent, electricity and expenses? The IRS hates this much cash moving around. |
|
Quoted:
I thought he smoked massive amounts of it? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. I thought he smoked massive amounts of it? that was cocaine. |
|
Quoted:
http://www.nytimes.com/2014/01/12/us/banks-say-no-to-marijuana-money-legal-or-not.html?_r=1 TL:DR Banks, even state ones want nothing to do with the finances of the (il)legal drug trade. View Quote http://www.bloomberg.com/news/2010-06-29/banks-financing-mexico-s-drug-cartels-admitted-in-wells-fargo-s-u-s-deal.html Everyone knows the real money is in the cartels. |
|
Quoted:
Obama hates the weed. They are going to wait, build a case and then come down on the weed shops and their gun owning users like two tons of bricks. Wait and see. View Quote Disagree. The Dems are floating ballot measures in several states because pro-pot voters tend to vote for Dems. But back on topic, in Colorado, they are scanning your ID if you buy recreational MJ. I wonder who is maintaining that database and where is the info going? |
|
Quoted: if it's clear that the feds aren't enforcing the prohibition, i could see a court taking that into account and striking that law. View Quote Interesting. |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.