We are all familiar with the constant efforts of gun-haters to pass laws that restrict the right of citizens to keep and bear arms. Fortunately, the NRA and other organizations have garnered enough support to fend off most of these attempts, and have even made progress in expanding our rights in some areas, such as concealed carry laws. However, there are backdoor ways that the liberals try to use to take away our guns, and this article, the first of four in a series, begins a discussion on these stealth gun control methods.
Did you know that the possession of small amounts of Marijuana has been decriminalized in Ohio for many years? (in some local Ohio jurisdictions it is still a jailable crime - check your local law). This means that in most jurisdictions in Ohio, a person charged with possession of less than 100 grams of marijuana, if he or she pleads no contest or is otherwise found guilty, no jail sentence is permitted, only a fine of $100 maximum, plus court costs. The charge is a "minor misdemeanor", and by definition in the Ohio Revised Code, not a criminal offense. No person in Ohio, who has ever had any drug conviction, minor misdemeanor, misdemeanor, or felony, is permitted to possess a gun at any time. Violation of this prohibition is a serious felony.
In West Virginia, most convictions for drug offenses can result in jail time. West Virginia Code Section 61-7-7 sets out what persons are not permitted to possess guns. No person who has been convicted of any crime that has a potential jail sentence of one year or more is permitted to possess a gun. This includes many minor drug offenses. Note that the offender does not have to serve the jail sentence or be sentenced to it: The ban is based on a potential jail sentence.
As terrible as drug use is, we must face the reality that many young people experiment with marijuana, and many inadvertently are caught and charged with possession. This almost always occurs while riding in or driving a car, and a stop is made for a minor traffic offense. Small amounts of marijuana, or a pipe, are discovered by the policeman, and the "perpetrator" receives a citation for the traffic offense, plus possession of marijuana, and perhaps possession of "drug paraphernalia". This happens, by my observation, thousands of time a year in both West Virginia and Ohio.
What often happens when a young person receives such a charge is that he or she will appear in Court, many times without an attorney, and plead "no contest", be found guilty, and pay the fine and go home. I have seen this happen countless times in Courts. Young people, unable to afford a lawyer, take the easy way out because they don't have the money, don't want to miss work to go to Court again to fight the charge or get a better deal.
Unfortunately, what these young people don't know, and what the Judge and Prosecutor failed to tell him, was that they are permanently forfeiting their Constitutional right to possess or own a firearm. No more rabbit hunting, target shooting or any other firearms related activity for the rest of their lives! This has been the law for may years in many states.
These laws are creating a huge underclass of individuals who no longer are permitted to own firearms, and most of them are not even aware of this fact unless they try to buy a gun and are turned down by the instant background check. (yes, the FBI is notified of these minor convictions).
It is my opinion that weapons under disability laws must be amended to exclude convictions for minor convictions, and that Judges should be required to inform all individuals who appear before them that if they plead no contest, guilty, or are tried and found guilty of such a charge, that they are permanently forfeiting their Constitutional Right to possess a firearm.
Link to the West Virinia Code:
http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=61&art=7§ion=7#07
Comments
At the annual "Death in America" New Years Party, the Master of Ceremonies announced the winner Joe Camel. Said Joe; I want everyone to know that 438,000 deaths occurred due to smoking related illnesses for 2009...everyone cheered Joe.
The M.C. called up "Al" Alcoholic to announce that he was responsible for just over 100,000 deaths attributed to alochol consumption in 2009... a solid second place, well applauded.
The M.C. was finally able to entice the 3rd place winner to the podium, Mary "MJ" Marijuana, who teaerfully explained that there were NO deaths from marijuana usage in America for 2009...the audience booed her loudly. But, she exclaimed, I was responsible for 872,720 arrests in 2009.
The applause was tremendous.
I think it's a big exaggeration to state that no deaths are related to marijuana use. In particular, I am thinking of motor vehicle crashes that involve people who are high, driving with distorted senses and slower reaction times. I get your point, however, and agree that drug laws need to be changed to de-criminalize marijuana use. This will not mean that driving while under the influence of marijuana will become permissable, and it will not stop drug testing by employers etc., who have a right to maintain a safe and productive work environment. I will be writing a column on this topic in the near future.
Bravo, time to regulate marijuana and stop treating marijuana consumers rights like they are trash to be discarded. Marijuana would be much safer if its sale were regulated. Age limits could be instituted, purity and potency could be controlled, and criminal enterprises would lose billions. I am ready to take this step towards a more rational, fact based drug policy. Are my fellow Americans ready?
If you think you get rights from government, or that government can limit those rights in any way for any reason, you have to expect nonsense like this. Government can violate your rights, or it can respect your rights. It can not "limit" them any more than it can declare that you are now a fish, rahther than a human. Stop looking to government as anything other than an unethical force for coercion, and live your life as you see fit without harming any innocent person.
regulating marijuana makes about as much sense as regulating firearms: none.
people are responsible for their actions, not their possessions.
The real problem here is that almost everybody, the author included, support denying some people their second amendment rights. True, the reasons vary. But as David Codrea says, "If someone can't be trusted with a gun, they can't be trusted without a keeper." So, either give every misdemeanant and felon life sentences and keep them in jail until they die or restore their citizenship to full status once their time is served. Uh huh, some of them will still be bad people. But good people who are armed can soon clean up that pool.
Anything else is still an exercise in hypocrisy.
Actually, based on the quick research I did there are NO deaths directly attributed to being high on pot. Not a single traffic accident could be determined to be the primary cause of the driver smoking the evil weed. The facts are in; marijuana is the safest buzz on the planet.
Early last century, when I was in high school, it was easier for students to obtain illegal marijuana than it was for them to get a 6-pack of beer.
Why was that? Marijuana was illegal, and booze had to be purchased from a licensed dealer. If the purchaser appeared underage, they had to produce identification.
Few people were willing to purchase booze for a teenager, but drug dealers had no problem selling drugs to teens.
The drug was continues for one reason: Statist Control.
Bill, get real. I represent pot heads on DUI's. It took me 5 seconds to find this:
Driver charged in traffic death of Klickitat sheriff's deputy
A young driver had been smoking marijuana before he got into a head-on crash that left an off-duty sheriff's deputy dead, state troopers...
The Associated Press
YAKIMA — A young driver had been smoking marijuana before he got into a head-on crash that left an off-duty sheriff's deputy dead, state troopers say.
Sean Kearney, 20, of Carnation, was charged Tuesday in Yakima County Superior Court with vehicular homicide and vehicular assault, then was released on his own recognizance pending trial.
According to a State Patrol affidavit, Kearney was trying to pass a tractor-trailer on July 18 in a no-passing zone on U.S. Highway 97 about 20 miles south of Toppenish when his new Audi S4 sedan collided head-on with a 1993 Nissan 200SX driven by Klickitat County Sgt. Peter D. Garland.
Sorry, but those also involved alcohol. In all of the stories I found, including those, marijuana was, at best, a contributing factor with alcohol as the primary. It is also interesting to note that talking on a cell phone, putting on make - up, shaving, reading, texting, being tired, etc., are also causes listed ahead of being mildly under the influence of alcohol or pot.
What is also interesting to note is that if you are stone cold sober and you hit a pedestrian walking down the street who is drunk, it is listed as an "alcohol related accident." It is time to realize that the police and prosecutors have blown these statistics all out of proportion in order to promote their careers. I suggest you read Lawrence Taylor's excellent work in this area.
AP Caption under AP photo:
“Adam Henderson shops for a rifle at Guns and Leather… “ Adam would have better luck finding a rifle if he were to check out the rifle display.
I didn’t read anything in Mr. Denny’s article that indicates he supports the denial of the right to keep and bear arms or has any argument with the illegality of DUI or possession of marijuana. I believe he is merely pointing out that, because of anti-2nd Amendment lawmakers managing to obtain passage of feel good, knee jerk legislation, they have imposed unconstitutional “reasonable” regulations denying by “due process” the very right the 2nd Amendment was ratified to protect.
The argument about impaired driving is a strawman. It has nothing to do with the debate on if marijuana should be legal or not. Marijuana is illegal because it would cost the drug and alcohol companies money. Not to mention the loss of LEO overtime and power. I first used pot on my 40th birthday. I have MS and with it muscle cramps so bad that they put me in a wheelchair. Legal drugs either do nothing or turn me into a vegetable. Pot lets me walk again. But it means I don't give money to the big drug companies.
"Actually, based on the quick research I did there are NO deaths directly attributed to being high on pot. "
Please go put YOUR children on the school bus, alone with the driver AND LIGHT THE DRIVER UP. We need to clean out YOUR gene pool asap as you are obviously too stupid to vote and breed.
(I smoked pot for decades and only a MORON or a LIAR would say that pot doesn't impair reaction time, speed judgement, etc. -it was a MIRACLE I never hurt anyone.)
Pot smoking when younger was a daily thing for me...driving also. The two went along very well...I simply paid better attention, was never in a hurry and enjoyed the experience. I don't think pot has much of an effect on driving coordination. Back then the pot had seeds and was not super super manipulated, unmatured pot.
The new stuff probably does impair your driving experience...but not 50 years ago.
The photo caption was written by the Associated Press, which is par for the course. Although I don't buy the extreme legalization of pot arguments made by some here, I do support decriminalization of the possession and use of many drugs, which would save the taxpayers a ton of money in reduced criminal justice spending. Drugs are bad, except when properly administered for medical use. Some people will always abuse drugs, whether legal or not. Pot smokers, alcohol users, cocaine users, heroin users all drive impaired and are dangerous. Legalization advocates destroy their own credibility when they argue otherwise. In any case, the point of my article was that the government is using these petty laws to take away second Amendment rights without notice. This needs to be changed.
I am 74 1/2 years old. When I was a child I heard the term "you cannot legislate morality. In my few years I have come to recognize just exactly what that means. In my 40's I experimented with pot a little. I was working out of town and visited with my helper in his trailer. I carried a 6 pack over there. He smoked pot. He showed me how to make a water pipe from aluminum foil and a cup. I smoked a joint or two and drank 3 beers over about 3 hours. When I headed across townto get to the house us formaen and superviosors shared I had some very wierd experiences. This enforced my belief that pot was bad and I did not use it again. some f=years later I had one of my grand daughters staying with me. She smoked pot . Her mother smoked joints like I smoked cigaretts. The girl was inn high school. One day i took a volum out of the encyclopedia and picked atwo page article out and had her read it twice. She had just finished a joint. I knew this because i found it and allowed it to remain.
I knew when she smoked it. that is when I put my theories to the test. When the read the article I handed her a pencil and some paper and had her write what she had read. I then put the paper in the book at the article. After staying on her butt for a couple of weeks I was sure she had not smoked for at least a week. I again produced the book and had her read the article again twice. I asked her if she ever read it before and she said no. I had her to again write what she had read. She agan did this. i then showed her the original writing and she asked me what is this gibberish. I told her that she wrote it 2-3 weeks ago and it was about the same item. She couldn't believe it so we disected both writings. she determined that she had indeed wrote it because it was her own handwriting and it was about the same article. She did not smoke pot again so long as she was with me. I have also been exposed to the black market and its workings. I have read many articles about it, its
whys and wherefores. It has been hard for me. However I am forced to the conclusion that benns are wrong and cause more harm than not banning does. I look at prohibition. people drank more alchohol per capita during that time than before or since. Also it gave us the mafia. Demon rum did far less harm than the mafia did. And so goes the war on drugs. So goes the war against guns. So goes the war on imorality. Ban soda straws and people will die to get them. When I was a teen i wasn't allowed out after dark because of the things a few did after dark. i snuk out after dark and had a ball. i never harmed others property doing it. I never sotle anything doing it. I shot a fat cop in the rear with my bbgun. I violated a few tresspass laws when the cops saw me and chased me. Never got caught. Ticked off the cops and even made the news a time or two. My folks never became aware of our fun. The only law i violated was curfew. I pulled a few little tricks on the cops because they chased me so
many times. But I also know that they were laughing at each other about it and later found out they knew after a while who it was. I love them too. At any rate I have to agree with most of what is said here. But also you must remember, It is against the law. The wron lies in breaking the law. Therefore, we must change the law. To do that we must vote. If a hired hand refuses to do our will, Vote him out. Hunt out those who do not vote. Convince them that they should vote and why. If you have to pick them up and ahysically carry them to the polls. Especcially if they agree with your point of view. Remember though that the opposition has been and will be doing the same thing. The good guys haven't. If one is running against an incumbant, VOTE FOR HIM the purose is not necessarily hire just anyone but to send the donkeys rear ends a message. Do this the next three elections and you will seea huge change of attitude. would you keep your job if you did the things they do ????????????? love
every man woman and child has the same resources as I have to study the problems. I am not a scholar as such is recognized. I study only what interests me at the time. My daddy taught me at a very young age-"Son, DO NOT BELIEVE EVERYTHING YOU SEE READ OR HEAR. IF YOU HAVE A DOUBT, CHECK IT OUT. You have the intellegence to do this. Do it and you will be smarter than most." You know? I thot I was smarter than most all my life. Hell I ain't smarter than a 5th grader. I am just another human being that happens to be a sheepdog. Maybe if we all got smarter we could leave our fangs home sometimes.This from an crochety old sheepdog who loves my sheep above my life. may God bless you all and Keep you all safe, healthy and happy all your days. May the wolves get caged or killed so my sheep will be safe. I am getting very tired.
Didn't read the article. Only a few of the comments. But, if that fella is shopping for a rifle, he ought to put that o/u shotgun down and get to it. Makes you think: Even the ones on your side; are they? I wonder,does anybody "get it"?
The photo caption was written by the Associated Press, which is par for the course.
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