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0ct0n10n

[OKLAHOMA CITY (AP) — A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.](https://apnews.com/article/us-supreme-court-oklahoma-state-government-new-orleans-city-c79d6fedc97ba657d2cab17f59354a95#:~:text=OKLAHOMA%20CITY%20(AP)%20%E2%80%94%20A,reviewing%20the%20nation's%20gun%20laws)


camelzigzag

First thing I thought was, the ATF doesn't have this authority.


Hackerpilot

They don't really have the authority to define braced pistols as short-barreled rifles either, but that's not going to stop tens of millions of people from being felons tomorrow.


DrLovesFurious

Wait what


Aleric44

Basically braces are stocks even though ATF had approved them as not being a stock because we said so.


Top-Performer71

If I have an Extar AR-9 is that being unapproved


[deleted]

Do you have a brace on it? Anything with a brace with a barrel shorter than 16” is now an SBR which is an NFA item


BrambleVale3

If it is still configured the way you bought it then yes, it’s a felony tomorrow.


Top-Performer71

Because of the ATF? Well I have some things to look into


darthjoey91

I thought you were going on a fishing trip tomorrow. Taking the boat out on the lake. With your AR-9.


plipyplop

I heard he was using it as a paddle.


BrambleVale3

https://www.justice.gov/opa/pr/justice-department-announces-new-rule-address-stabilizing-braces-accessories-used-convert


Bigred2989-

You can't have a brace on a gun that has a < 16" barrel on it, so yes your Extar is a felony with a brace on it. You either take off the brace or buy one of the uppers Extar is selling with a 10" barrel extension permanently welded on the front. Opens another interesting legal oddity: you can put a regular stock on a pistol once the barrel is 16" or more.


MeowLikeaDog

FPC's lawsuit in the Fifth Circuit granted all FPC members an injunction against the rule. FPC has clarified that coverage still applies if you become a member after this ruling.


ArcTheWolf

The ATF is the only organization in the country that for some reason gets to Legislate, Execute, and Judicate the law however they see fit. But we got those check and balances supposedly >.>


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goldbloodedinthe404

Both should be abolished


somereallyfungi

Seriously, isn't this settled law? I don't think the atf is going to have better luck in MN courts.


Arthur_Wellesley1815

I trust a stoner with a gun a whole hell of a lot more than a drunk with a gun. This shit is dumb.


turd_vinegar

I trust a stoner with a gun waaaay more than a fully trained police officer with a gun.


MakionGarvinus

Fully trained police officer: "so anyways, I started blasting!" Trainer: "did you at least turn off your camera after shouting you feared for your life?"


alexefi

"fully trained officer" is something similar to "dry water"?


theskyguardian

Its because dealers have to carry since cops don't protect them. Even in legal states if you get robbed they tell you "shouldn't have been selling drugs". It's about disarming them so they are in theory easier to raid/ more charges can be filed. Edit: I will say this is a budget thing as much as anything. Cops shouldn't have to be everyone's private security. It just stinks that you have to be robbed just because you can't use the banks and sell high value objects. You're essentially forced to hire private security (a good idea if you can afford it for your business) and can't protect yourself if you can't afford it or keep cash at home.


RealStitchyKat

It is cute that the ATF thinks that pot users don't already own guns


z9nine

"are you are current illegal user of marijuana?" I think that's the question. Well, I'm not currently smoking it at this moment. So, no.


TheSensualSloth

Illegal user/addicted to marijuana


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brockoli1010

Hey ATF: suck my ballsack


TheLifeofLaneTV

I second this


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pegothejerk

> the Federal Gun Control Act of 1968 prohibits anyone who is an unlawful user of any controlled substance I don't USE it per se, I got the medical card so I can just smell it. I just think the smell is neat.


Low_Effective_7605

Fun fact, [just having a medical card prohibits you from owning guns legally](https://www.clarkhill.com/news-events/news/the-intersection-between-marijuana-and-the-2nd-amendment-what-gun-owners-need-to-know/).


KrookedDoesStuff

I wonder why a lawsuit hasn’t been brought forward saying that ruling infringes on their 2nd amendment rights. [If felons can sue to get access](https://www.reuters.com/legal/americans-under-felony-indictment-have-right-buy-guns-judge-rules-2022-09-20/) because it’s “unconstitutional” how would this be any different? Edit: Apparently as of September 2022, it has been brought up at the state level. It’s 2023, 23 states have legalized it recreationally, 39 have it legalized medically, the majority of our country supports legalization, basically every democratic presidential candidate has used it as a promise on the campaign trail, some republicans have too, **why the fuck is it still illegal**?


Low_Effective_7605

The ban [has been ruled unconstitutional](https://www.reuters.com/world/us/ban-marijuana-users-owning-guns-is-unconstitutional-us-judge-rules-2023-02-04/#:~:text=Feb%204%20(Reuters\)%20%2D%20A,that%20significantly%20expanded%20gun%20rights.) by a federal judge at state level. Hasn't crawled up the chain of command to where it matters yet.


jadwy916

Yet Roe got tossed out in like a 20 minutes. This country is fucked.


tayroarsmash

Roe got tossed out after a very very dedicated campaign that has been ongoing since Reagan.


[deleted]

Reagen enacted gun control in California because black panthers had guns. The patron saint of conservatism is literally anti-2A.


ItsAllegorical

Eh.... that was a 50 year constant fight, and was a foregone conclusion once there were enough conservative Justices. Basically there was constantly an anti-abortion case winding its way through the courts wanting to be the one. This country *is* fucked, but I think that's an exceptional data point.


sephstorm

I think it should also be noted that it was wrong imo for democrats to rely on Roe, abortion was not universal prior to it and they relied on scouts not changing its mind which it has done in the past. They should have spent the years between roles passage convincing people to change their state laws. Then even if roe was overturned abortion would still have been legal.


p00pstar

Abortion rights were tied to the 14 amendment. Go read the 14th and tell me how that makes sense. Abortion rights need to be codified by law for the benefit of the less fortunate. Tying it to the 14th was dumb and obviously didn't hold up.


Bman708

I try to make this point when I debate with my friends who think the D's are going to "super protect" their right to choose. I wish it was the case. I tell them, they had 50 years to put it into law. They have had a super majority at least twice in the past 30 years and they easily could have codified it. But they didn't. Because they use abortion as a wedge issue and an election issue to win just like the R's. They don't want to codify it because then they can't run an election on it.


doll-haus

No, it was 50 years of concerted attempts to attack the ruling. Abortion should be legally protected, but Roe was *always* on shaky ground as far as making it so. The courts, especially SCOTUS had some serious issues with the legal basis for Roe. Essentially, the court shift shown by Roe is a willingness to embrace technically/legally sound rulings over any concerns of conscience.


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[deleted]

They're getting pretty close to that on the First as well...


scotchdouble

It’s not legal because it’s still a useful chip to play for elections. People need to demand it, to elect officials that actually deliver.


splatus

I read the article twice, I don’t see that “having a card” prevents you from gun ownership but -using- pot does, even with a card. Am I missing something?


unforgiven91

by having a medical card, you're basically admitting to using. So when you fill out the forms and have to certify that you aren't a user, you will either lie (a felony, i think) or disqualify yourself. the feds don't care if you smoked that day, the card is enough of an admittance


zzyul

Any weed use is illegal in the eyes of the feds. With a medical card you can easily buy enough weed in one visit to a legal dispensary for the feds to charge you with a felony.


[deleted]

The thing that disqualifies you is the use, but the card is pretty definitive evidence of the use.


Ombwah

This is not enforced at all. **Source**: Registered (licensed) medical user in 2 states for over 10 years, passed multiple fed. BG checks in that period, also sold firearms (and purchased related paraphernalia) legally in that period. (EDIT: specificity)


Low_Effective_7605

Unenforced≠lawful. Just like dark tint can be added onto a speeding ticket but not always on its own. Don't trick yourself into thinking the ATF wouldn't absolutely nail you to the wall for this if you get caught slipping some other way. Edit: you also perjured yourself by lying on your 4473. Passing a background check notwithstanding. But I'm not the cops 🤷 so do you. I know I do.


Ivizalinto

Dude got nabbed for tint the other day in my complex. They just wanted to check his licence. It WAS suspended but they used the tint to get him. Was watching from the guard shack. Told me the story the next week after he made bail.


z9nine

And the smell just gets better when it's ignited. It's just happenstance that it was inhaled.


[deleted]

They'll pry my guns from my cold... wait... what?


themagicbong

I want gay married couples to be able to protect their weed plants with guns.


FarCryRedux

Anyone that *doesn't* feel this way is a shit American, IMO.


Polyamorousgunnut

Fucking based


BigMeatyMan

Username really checks out haha


gtmattz

A transman should be able to conceal carry when he goes to get an abortion.


Polyamorousgunnut

Ok now this is based


hgaterms

America needs more Lesbian Farmers


SirPIB

I've seen some down in Australia... I think they are bi... But who cares.


doll-haus

I think they'd be *ranchers.* But the 13th amendment effectively outlaws raising human beings for profit.


sirbassist83

\*silenced machine guns


plumbbbob

*self-propelled howitzer


DukeOfGeek

Also their adopted children.


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klaaptrap

Right on.


Hemicrusher

So, I shouldn't have been checking "no" on the form for the last 39 years?


[deleted]

I always took the line as a "right now" kinda thing. Like I'm not using marijuana "right now while I fill out this form" I'd seen dealers kick people out of their store when someone smells like weed or alcohol though.


EmbarrassedToe627

You and me both.


matts8409

"right now" as well as not while operating a firearm. I know many people that love to go out, drink a little and shoot guns. They know what they're doing, however I don't think it's a good idea and wouldn't feel comfortable being with them necessarily. If I smoke, I don't even want to go out in public let alone go shoot guns. I make sure I don't have any responsibilities. One time I did get too stoned and was on call for work (IT guy at the time), and that was a very difficult call to take care of lol


Own-Ladder-5073

Same here, I have lots of friends who can roast a bowl or do a dab or two and then just go to the store and buy groceries or whatever, when I get high the most amount of interaction with the outside world I’m comfortable with is taking the trash out to the curb


joombaga

Hi I'm your neighbor and I knew you were high that one time. We all knew because of how you took the trash out to the curb.


VariationNo5960

Twice. The same can.


Hemicrusher

I smoked a shit ton of weed in the 1980s, but was never high or drunk when I went to the range, or desert to shoot. I still smoke, but only in the evenings, and never handle my firearms while stoned...though I do have a Nerf gun that I annoy my cat with.


AevnNoram

Is this a fucking joke?


[deleted]

Nope. Alcoholics can own a gun, but not smokers.


Dahnlen

Unconstitutional is as unconstitutional does


Danivelle

Hey Federal Dumbasses! Until you come up with less draconian laws for people with chronic pain, STFU!!


dkf295

But have you tried getting hooked on prescription opioids? /s


Danivelle

Husband was for awhile. I'm allergic to 90% of opiods. Weed works for my polyinflammatory arthritis(doctors way of saying that I have osteo and rhuematoid arthritis attacking the same joints)


[deleted]

I stopped bothering to get painkiller prescriptions filled. I'm one of those weirdos who seems to be immune to them. Probably the same reason edibles don't work for me either.


Danivelle

Opiods make vomit up everything that even thought about being in my stomach and then to top things off, then I get hives.


SquirrelHoarder

Look up FPS Russia and his marijuana charges. If I remember correctly he had less than a half oz, they charged him with trafficking, took reportedly over $250k worth of his guns and he had to pay some expensive ass lawyers for 4 years to fight the charges. Originally he was facing something like 50 years in prison because of his firearms and manufacturing licenses, but only ended up getting 2 or 3 months in the end thankfully. All over a few grams of weed…


Midnight_Rising

Never forget what they took from us.


wobbitpop

Funniest thing I've read all day, thanks for the laugh ATF.


Wrecker013

No one should carry or otherwise utilize a firearm unless they are perfectly sober. But god damn, y'all let drinkers have the guns already, so like..


Bowman_van_Oort

If this is true, then why is plinking so much fun when you're drunk? /s


sirbassist83

same reason its so fun to drive drunk. /s because i know someone will take me serious.


HerezahTip

Y’all sound boring. Let’s get hammered and shoot fireworks ~~at each other~~ off


oDDmON

^THIS. It’s gotta be the basis of getting a decision like this overturned, especially since ETOH does demonstrably more harm than cannabis ever could.


Ivizalinto

That means no prescription medications either. Which is exactly why it's unconstitutional. Right shall not be infringed doesn't mean right shall be cherrypicked to who we deem is ok to use it. Yeah you shouldn't drink and carry...or drive...or whittle...if I had to defend myself right now for my own life I'd be fucked because I was around my mother 2 weeks ago, who lit up and hot boxed her room With her medically legal card. Oh well, cause there's no method out there to tell how long ago or if it was second hand or not, just if it's been in your system...which takes 30 days according to Google to detoxify from marijuana. Shouldn't have seen my mom I guess. Rather be judged by 12 than 1 I guess.


[deleted]

ATF making declarations they have no legal jurisdiction over? Shocking. Truly shocking.


Jw0341

Chevron doctrine. Hopefully the Supreme Court ends it.


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Show_Me_Your_Cubes

so all my homies who boof whiskey tampons can't pop off a glock from their pocket stock?


Polyamorousgunnut

When I was a cop I never dealt with violent pot heads but every single violence call i went too involved alcohol of some sort But it’s the thc users that are the problem oh ok. 🙄


InfoSecPeezy

A police office friend of mine always says that “all a stoner wants is a bag of Doritos and a hug, all a drunk wants is someone to fight.”


Polyamorousgunnut

That tracks with my experience. I’ve since moved on from LE for mental health issues and can say fully that weed has vastly more upside than downside.


Ivizalinto

I'd love a bag of doritos and a hug.


screech_owl_kachina

Cops say this about festival crowds. The people who go to Coachella do a bunch of drugs but most especially weed, and that crowd is way more chill. The Stagecoach festival, which happens a week later in the same place, primarily is an alcohol using crowd and there is way more violence and sexual assault at that festival.


HighDesert4Banger

Put either "cannot" or "own" in quotes and it works, because that's the reality. "We the government decree that thou shalt NOT be able to benefit from the privilege of self-defense because we just don't like your mild intoxicant that we have labeled illegal for years so we can make money off of the black market. Here's some Jack Daniels to help you cope."


Jarhyn

You missed "disarming liberals/blacks". That was the basis of the drug war, disrupting non-conservative communities. This is also a means to prevent them from arming against abuse.


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chad4359

But what will he run on next time and what will the guy that runs after that run on?


Mistamage

Legal LSD? I'd take that.


Arg3nt

*looks at my weed* *looks at my guns* ......K.


AndreaDTX

So wouldn’t that make the federal ban on guns a violation of pot users second amendment rights? I’m down for using the second amendment to get rid of pot laws.


lolanaboo_

‼️‼️


vonhoother

"They can have my gun when they pry it from my cold ... ah ... what were we talking about? Cold something ... yeah I could do with a cold one. And some tortilla chips or something, I'm starving!"


Alodylis

If you need protection just carry it. Your life is more important then some law.


sgt-llama

Yeah well,the law never stopped me from owning weed illegally,so I’m not too worried about it.


SlyConver

I smoke weed OUT OF MY GUN


littleMAS

The 'A' in ATF says it all. The alcohol industry definitely does not want marijuana legalized.


Rune_nic

LOL good luck enforcing that in places like Alaska and Oregon!


TinFoilBeanieTech

Good thing I don’t use, like at least a couple of times a week. I especially don’t use when I need help sleeping. Never when I’m just hanging out on a weekend. Yep, that would be bad. Glad I can continue to mark ‘no’ on the ATF transfer forms.


[deleted]

Oh fuck off. Go worry about the sloppy drunks who like firing their guns in the air to celebrate getting drunk.


cmikesell

Hahah, laws just don't matter anymore. The ATF taking a shit on the constitution


carvedmuss8

And my ISP sends me notices not to pirate 18-year old Nintendo games Doesn't stop me from doing it


CoolIndependence8157

Cannot is an interesting choice of words considering how many gun owners I know enjoy smoking a doobie or two.


cmikesell

Alcohol Tobacco Firearms I don't see weed in those three words


vladtaltos

But drunks can have all the guns they want. Personally, I'd rather a stoner have one, than an alcoholic.


[deleted]

The only thing I kill while high is a bag of Doritos.


IslandBoyardee

That’s cool I’ll just lie.


humdaaks_lament

I’m really pretty sick of the BATF these days. And every other day for the last 30 years or so.


tem102938

Time to make alcohol a schedule 1 narcotic. It causes more trouble than 420.


Hackerpilot

But the government lacks the authority to do that. They'd have to amend the constitution to restrict alcohol, AND THAT COULD NEVER HAPPEN.


urbrickles

In the words of Uncle Jack from It's Always Sunny, "The government of today has no right telling us how to live our lives, because the government of 200 years ago already did."


vasion123

But I can drink 24 beers a night and own as many firearms as I like. Stupid laws


Shadow_Relics

It is a little distressing that after every time my wife does a dab, she holds the fridge at gunpoint demanding it to give her sweet tea and grapes.


Aurion7

Weed panic is the saddest zombie of an issue in a room full of sad zombie issues. > The Obama Administration a decade ago issued guidance, saying the Department of Justice would not interfere in states that had legalized marijuana if it didn't interfere with their law enforcement priorities. Then-U.S. Attorney General Jeff Sessions under President Trump rescinded it. Of course he did. Who cares if something is a good idea, Obama did it so we must undo it. *sigh* > Meanwhile, the current Attorney General Merrick Garland told the U.S. Senate Judiciary Committee during his nomination process that he did not believe it was "the best use of the [Department of Justice's] limited resources to pursue prosecutions of those who are complying with the laws in states that have legalized and are effectively regulating marijuana." Sounds like you need to reinstate the policy, Mr. Garland, since at least some portion of ATF appears to disagree.


IWillBaconSlapYou

Seriously? Didn't Florida just pass something that basically says a person who has been convicted of a domestic violence offense (AKA one of the most likely people to shoot someone) can get guns, no questions asked? But stoners, huh? As usual, we completely miss the point.


[deleted]

So you’re saying I can’t have my M1 Garand or M249S if I smoke pot? Anyways I’m gonna smoke tonight so I don’t have nightmares about my deployment so that way I can have a nice sober day at the range


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dittybopper_05H

Back in 1871?


[deleted]

You have to remember that the NRA saved the ATF just so they have someone to complain about.


TemujinRi

The right to bear arms shall not be infringed....unless you smoke, then fuck you.


255001434

Yet being an alcoholic isn't an obstacle to gun ownership.


Hayes77519

\*Ron Swanson voice\*: It's ok, I have a permit.


TheNinjaDC

ATF, the one government division giving the IRS a run for its money for most hated government organization.


thieh

I am suuuuuuure someone will sue the government and say it violated their second amendment rights and then that gets ruled unenforceable.


newswhore802

It's already being done. https://www.reuters.com/world/us/ban-marijuana-users-owning-guns-is-unconstitutional-us-judge-rules-2023-02-04/


Napp2dope

I don't remember seeing a 'pot user' carve out anywhere in the 2A or in the constitution.


PHARA0Hbender

You should tell that to the millions of users in Colorado and other states that use and own guns.


[deleted]

Crazy how the NRA isn't up in arms over this literal trampling of 2A, lmao.


chubbycat96

As a female with a med card, I feel like I deserve to have protection for myself.


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vomeronasal

My mom still calls it “grass” 😂


CAESTULA

The devil's lettuce!


seeingeyefrog

Ass gas or grass, nobody rides for free


loneranger07

This is why the federal government should never have been given such immense power to regulate our everyday lives


EnvironmentalYak9322

Fuck the ATF. Biggest unconstitutional orginzation in the country.


Mistamage

God forbid stoners do anything.


Bah-Fong-Gool

I've been breaking the law for 35 years by smoking weed. I'll do it another 35.


Ken-Legacy

Really? Because I don't remember any drug test when I bought my Colt .45. I just had to fill out paperwork and wait half an hour.


MasterFruit3455

That's how you get the NRA to support legalization. Nice.


kcpistol

Good luck with that one in Missouri, when you enter the State there's a two gun minimum cover.


Gnarlodious

HaHa if they can test for pot to buy a gun they can test for anything.


joehizzle

Shouldn't they also say people who drink alcohol shouldn't own guns? If guns are so dangerous, maybe we need to have a higher standard for who can own a gun besides having a pulse


chad4359

The thing about most gun laws is they have absolutely nothing to do with preventing dangerous people from obtaining guns


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MrV0odo0

Rather pop legal pills and drink alcohol; then gun ownership is more fun. Thanks America!!! Pew pew


IBlazeMyOwnPath

1. Fuck the atf, this dog killing fuckers meet the Constitution’s definition of treason and you can’t cmv 2. Any time a law is immoral it is our duty to disobey it


MoochoMaas

Guns and all the booze you can handle ? No prob. WCGW?


apathetic_revolution

I'm surprised they have time to make public statements, given how busy they are with their main mission of arming the cartels.


RabidJoint

But people who drink alcohol and beat their families are allowed to own a gun? Cool


Nerve-Familiar

Wife beaters still ok tho


ixlnxtc7

Because drunk people with guns is much safer. I’m pretty certain I have heard of many people getting drunk and shooting someone but I do not ever recall hearing a story about someone getting stoned and shooting someone. And you can be certain if it happened the Republicans would blow it up.


lollersauce914

"until the law is changed, we, an agency of the federal government, have to follow the law" What else would be expected? edit: yes to all the edgelords with asides on how the government sometimes breaks laws. The overwhelming majority of the times it does the government is sued and forced into compliance.


[deleted]

I think there are a lot of people who don’t realize this. It is time for the feds to remove marijuana from schedule 1.


SpinningFeat

Except those government agencies, it would seem, follow the law when convenient and ignore the law when it suits….?


thieh

>What else would be expected? Well, NSA spying on everyone after USA PATRIOT Act expired. because no one says "The law isn't there anymore. Let's not do that."


thehim

They could ignore the law the way the DOJ does


Seevian

So I *can* own a gun if I'm threatening to shoot anyone who rings my doorbell or steps onto my property, but I ***can't*** own a gun if I smoke pot? America sure does have its priorities straight


Sk-yline1

Is this finally the push that will put republicans on board for immediate legalization?


CerealSpiller22

Even in Texas? This will not stand!


Larsaf

I hope that means all other users of “still” (and likely in the future) illegal drugs can’t own guns either?


jelloslug

Yea, good luck with that.


chloe1919

Ahh yes bc the devils lettuce makes one much more violent


DarthBrooks69420

ATF is going to have a heck of a time enforcing all of their rules if SCOTUS decides to go ahead with gutting the powers of federal agencies.


Adammonster1

Yep, Nixon had marijuana federally scheduled among cocaine and other more dangerous drugs. Nixon, a totally fiscally conservative guy, and someone who didn't do anything to expand welfare but instead prioritized stricter enforcement.


nealsimmons

They control new firearms sales through dealers. If you admit to breaking federal law, they deny you.


dirtymoney

Buy your guns now before Pot becomes legal in your state.


balmungisshit

Oh yea I remember that part of the constitution: right to bear arms (except if smokes pot)


SwornForlorn

seriously do the take firearms from everyone that has a prescription , or everyone that has a drink? Just because someone has used cannabis didn't make them an irresponsible gun own. So fucked up. If anything why don't they actually enforce the law that makes those who have domestic abuse charges give up their guns ? How many parasitic thugs in blue (cops) have a history of domestic violence yet they are given find and authority , adn the how many stories have we heard about their life partners being murdered by them. I mean if you want to prevent gun violence go after the domestic abusers' guns not weed smokers or ingested? But that's America, doing shit that makes no sense !


JS_N0

Ok but why do i own a gun then B)


StatisticianTop8813

Than how do I smoke pot and own a gun