4473 revised

Credit cards can absolutely be used to buy weed. There are noy supposed to be ATM machines in potshops either, but some of them have an ATM anyway.

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Originally Posted by BladesNBarrels

Pun intended?
Not sure a Credit Card can be used to buy any type of weed, legal or not. It is a cash business.

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Pun very much intended.

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Originally Posted by foxtrot

This reply is formulated strictly within the bounds of reality.

There is no state law permitting the use of marijuana. There is only an affirmative defense. Further, state laws cannot legalize federal crimes. A critical distinction ignored by many in this state. Also, we could theoretically argue that the second amendment provides the right to own SAM misses to the stoned, alcoholic or mentally deficient until we're blue in the face because the 2A says so. The fact of the matter is, the country you live in regulates it, and if they so desire, when you break regulation, they will prosecute you. Prosecution on minor issues is less likely but can always happen. Sure, you could spend 1.5 million and ten years of your life (much of it jailed) to petition ceratori to the US Supreme Court and argue federalism in any case, maybe you're the 1% of cases that get heard in doing so. And, almost a complete guarantee, they will rule against you anyway, as the country (even if conservative) is not in the habit of taking power away from itself, regardless of what any amendment says. And sure, a state could make an argument for anything, but the gov't is going to say "no" and "no money", so they are not going to do it.

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Speaking of affirmative defense, would be very interested in your sage wisdom regarding the HPA.

https://www.ar-15.co/threads/159470-...Protection-Act

I've read though that Texas is trying to pass a law where they'll refuse to enforce federal firearms laws. Is this just as absurd as states basically not enforcing federal drug laws then?

https://www.uslawshield.com/texas-bi...eral-gun-laws/

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Originally Posted by izzy

I've read though that Texas is trying to pass a law where they'll refuse to enforce federal firearms laws. Is this just as absurd as states basically not enforcing federal drug laws then?

https://www.uslawshield.com/texas-bi...eral-gun-laws/

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This may be the one good thing to come from legal weed. The States need to push back against the Federal Government and retake some of their rights and responsibilities.

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Originally Posted by foxtrot

This reply is formulated strictly within the bounds of reality.

There is no state law permitting the use of marijuana. There is only an affirmative defense. Further, state laws cannot legalize federal crimes. A critical distinction ignored by many in this state. Also, we could theoretically argue that the second amendment provides the right to own SAM misses to the stoned, alcoholic or mentally deficient until we're blue in the face because the 2A says so. The fact of the matter is, the country you live in regulates it, and if they so desire, when you break regulation, they will prosecute you. Prosecution on minor issues is less likely but can always happen. Sure, you could spend 1.5 million and ten years of your life (much of it jailed) to petition ceratori to the US Supreme Court and argue federalism in any case, maybe you're the 1% of cases that get heard in doing so. And, almost a complete guarantee, they will rule against you anyway, as the country (even if conservative) is not in the habit of taking power away from itself, regardless of what any amendment says. And sure, a state could make an argument for anything, but the gov't is going to say "no" and "no money", so they are not going to do it.

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I think we're talking right past each other. Everything you said is true - right up to the point where someone challenges a prosecution in light of Heller and McDonald. Of course, until and unless someone is prosecuted for lying on the 4473 or for being in possession of a firearm while being a user of MJ, it's not likely that they'd have an opportunity to challenge the law, so the federal government can 'kick the can' down the street as long as they want to by simply declining to prosecute anyone for this particular violation of the law.

And of course the 9th Circuit has already ruled on this and upheld the Federal law but (a) the 9th circuit's opinion is only valid in that circuit and (b) the 9th circuit is notoriously anti-gun anyway so it's not surprising they would uphold any action that limits the right to bear arms (it's also worth noting that the 9th circuit, AFAIK, is the most frequently overruled circuit in the Federal appellate system.)

If a federal prosecutor tries to prosecute someone in a state not in the 9th circuit, and they raise Heller and McDonald and Federalism issues, the outcome could be very different. We've seen it before, for example in the Lopez decision in 1997 when SCOTUS slapped back at the Federal government trying to use the Commerce clause to justify the "gun free school zone" act.

I'm with you brother, but we are the minority here.

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Originally Posted by Zundfolge

I'm actually more annoyed that the form 4473 exists in the first place, not so much the specifics that are on it.

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Originally Posted by Irving

Credit cards can absolutely be used to buy weed. There are noy supposed to be ATM machines in potshops either, but some of them have an ATM anyway.

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Learn something every day! How does the pot shop clear the credit card charge slips through a bank if the bank is not allowed to facilitate the sale of drugs?
Or are the shops not disclosing what the charges are?