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Marijuana Dispensary Clerk Shoots, Kills Alleged Armed Robber

Reptile

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An Ardmore, Oklahoma, marijuana dispensary clerk shot and killed an alleged armed robber Friday night around 8 p.m.


KXII reports the robbery suspect allegedly entered the dispensary with a handgun and the clerk reacted by grabbing a gun for self-defense.

“Shots were fired,” the report said, leaving the suspect dead on the scene.


According to the Daily Ardmoreite, Ardmore Police Captain Claude Henry said the suspect “allegedly began stealing medical marijuana from the display cases” once inside the store.

Henry noted, “Whenever this was occurring, a store employee went and retrieved a pistol. The armed employee fired several shots, and the suspect was shot and later pronounced dead at the scene.”


Police found a female in the suspect’s vehicle outside the dispensary, and she was arrested.


The clerk was not harmed in the incident.

 
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"OooooooooooooooKlahoma... where the wind comes sweeping down the plain...and the waving weed can sure smell sweet as the bullets come to take away the pain"
 
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I don't see the feds running around busting people for a joint and it's 100% legal in a few states. Now if you stay away from filling out a 4473 what's the problem?
The problem is that it made national news. It is still illegal to possess a firearm while in possession of a prohibited substance.
(Criminals know this. That is why the a-hole thought the dispensary was a safe work place for him.)
The feds could decide to charge him with felony possession of a firearm. If the shooter is white, and dead criminal black, feds could also tack on civil rights violations.
Of course this is all unlikely unless the feds forced a venue change to a prohibition state. No jury would convict no matter the instructions given on the federal law.
 
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Working at a marijuana dispensary makes you a prohibited person.
How? The law is "current user of". Interested in how one reads the statute to come to this conclusion.

A real problem is "use of a firearm in a drug crime" if the feds want to get nasty. "Never think never means never". A year ago nobody would have imagined the feds would create a national dragnet to indict non-violent misdemeanos on trespass and disorderly conduct charges.
 
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No jury would convict no matter the instructions given on the federal law.
A jury would if it (a) never heard of jury nullification, and (b) followed the courts instructions of "your only job is to determine if the defendant possessed a gun while concurrently possessing MJ, not to judge the law or consider any possible penalty".
 
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How? The law is "current user of". Interested in how one reads the statute to come to this conclusion.

A real problem is "use of a firearm in a drug crime" if the feds want to get nasty. "Never think never means never". A year ago nobody would have imagined the feds would create a national dragnet to indict non-violent misdemeanos on trespass and disorderly conduct charges.
You don't avoid drug conspiracy/drug trafficking and gun (924(c)) charges because you are licensed to carry a gun and wear a uniform. You are still assisting a drug trafficking operation under federal law. States can legalize whatever it wants, but as long as it remains illegal under federal law, you are at risk.
 
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You don't avoid drug conspiracy/drug trafficking and gun (924(c)) charges because you are licensed to carry a gun and wear a uniform. You are still assisting a drug trafficking operation under federal law. States can legalize whatever it wants, but as long as it remains illegal under federal law, you are at risk.
Agreed.

My comment was about how working at a dispensary renders you a PP. Yes, its a federal crime but other than "current use" PP status requires conviction or at least being charged
 
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Agreed.

My comment was about how working at a dispensary renders you a PP. Yes, its a federal crime but other than "current use" PP status requires conviction or at least being charged
If you are involved in trafficking drugs, you are a PP.
Working at a dispensary is taking part in the drug trafficking of Marijuana which is still federally illegal.
 

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The feds could decide to charge him with felony possession of a firearm. If the shooter is white, and dead criminal black, feds could also tack on civil rights violations.
Of course this is all unlikely unless the feds forced a venue change to a prohibition state. ...
Holding out for a reference to the clause in the US Constitution
where the People have delegated to the Feds
the enumerated power to change a criminal trial's venue to a different state.
 
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Holding out for a reference to the clause in the US Constitution
where the People have delegated to the Feds
the enumerated power to change a criminal trial's venue to a different state.
DOJ moves federal trials when they don't like their odds in the original jurisdiction. Becomes another point for appeal. But they count on defendants going bankrupt first. That's what they did to Flynn.
 

MGnoob

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I don’t see the guy being charged...
The entire thing is lame and it’s stupid not to have arm security at a marijuana dispensary.

Anyone thinking a dispensary is a soft target isn’t very smart.
 
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AHM

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DOJ moves federal trials when they don't like their odds in the original jurisdiction. Becomes another point for appeal. But they count on defendants going bankrupt first. That's what they did to Flynn.
No, they don't.

Federal Rules of Criminal Procedure
Rule 21. Transfer for Trial

...​
3. The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par. 3; Amendment VI. ...​
...​
 
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I don’t see the guy being charge...
The entire thing is lame and it’s stupid not to have arm security at a marijuana dispensary.

Anyone thinking a dispensary is a soft target isn’t very smart.
You don't avoid drug conspiracy/drug trafficking and gun (924(c)) charges because you are licensed to carry a gun and wear a uniform. You are still assisting a drug trafficking operation under federal law. States can legalize whatever it wants, but as long as it remains illegal under federal law, you are at risk.
The federal government still sees selling marijuana as drug trafficking.
 

MGnoob

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Let’s see how it plays out. I think there are much bigger problems to worry about
 
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Can you walk in to a beer store armed? Yes?
Now please explain.
In many states, especially south and west of the northeast, you can walk into an establishment that sells beer and wine with a open carry no problem. However, in states that have ABC type laws, firearms are prohibited, I know concealed means concealed and I do carry in no weap areas concealed, but, I'm just stating the laws.
I would rather be charged with a misdemeanor carry charge for defending myself in a no carry area than be ventilated myself!!
 
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