Los Angeles – According to a discussion broadcast from the Tenth Amendment Center, the Obama Administration is using the BATFE to unilaterally suspend gun ownership rights.
ATF has warned federally licensed firearms dealers not to sell guns and ammo to persons with a record of using marijuana as a medicinal substance under California law, the use of which is a violation of federal law, according to the DEA.
Thousands of marijuana clinics in 14 states where it's legal to dispense marijuana for medical purposes face scrutiny of their records so the federal gun bureaucrats can cross check them with ATF databases and make a determination whether to sell guns and ammo to known users of a psychoactive substance, namely, marijuana.
The herb is a schedule one substance on the list of controlled substances promulgated by federal law.
“The second amendment doesn't count for certain people,” said Michael Boldin, founder of the Tenth Amendment Center.
Why would the feds do such a thing?
It's all about the money, said Mr. Boldin.
He and his co-host, Nick Hankoff, interviewed Paul Armentano, an executive with the lobbying organization NORML (National Organization for the Reform of Marijuana Laws).
Their conclusion, according to Mr. Boldin, is “The Obama administration is saying that they prefer people get their medical marijuana from the Mexican drug cartels.”
Said Mr. Hankoff, “I have a sneaking suspicion that a lot of central bankers are trading in drug money...This is a bid for easy cash.”
The bottom line: It's a way to protect the CIA's dope dealers, the guys who help get the cash for ops and launder it through banks who take large points for the service.
The policy has long-term effects for future gun ownership. Under the Affordable Health Care Act of 2010, according to Larry Pratt, executive director of Gun Owners of America, medical records will be fair game for federal investigators for the rest of a person's life.
For 30 years an advocate for gun rights for the organization of 300,000 enthusiasts and dealers, Mr. Pratt predicted that the records will be used for decades to come to deny everything from gun ownership to licenses, political office – even the most basic privileges that could come under scrutiny due to increased demands for national security.
The solution to the problem, according to Tenth Amendment advocates, is to nullify the laws that are clearly unconstitutional. Said Mr. Boldin, “There is nothing in the U.S. Constitution that prohibits a person from growing something in his back yard, whether it's a radish or marijuana.”
Nullification is accomplished under the terms of the Tenth Amendment, which provides the mechanism whereby a state legislature may pass laws that prohibit enforcement of federal laws for which there is no constitutional precedent. Messrs. Thomas Jefferson and James Madison insisted on the amendment to persuade balky legislators in states to the west of the eastern seaboard to get on board with the newly constituted federal government.
The matter at law all comes down to the Commerce Clause in Article 1, Section 8, which gives Congress the power to regulate interstate commerce. The courts have held that control extends to what plants are cultivated on private property – even if the commodity, be it wheat or hay, marijuana or radishes is intended to be used only inside the borders of the state in which it is raised.
A group of more than a dozen county sheriffs led by Sheriff Richard Mack of Graham County, Arizona, challenged the requirement in the Brady Handgun Act that demanded they register the ownership of handguns in their counties.
They proved in the U.S. Supreme Court that the Second Amendment to the U.S. Constitution says the right to keep and bear arms will not be infringed and that there are no provisions that allow the federal government to require County Sheriffs to register the owners of the weapons and take down their make and serial numbers for federal files.
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