Medical Marijuana and Firearms

[Chief Rick]

Court Rules That Medical Marijuana Card Holders Can't Buy Firearms

 

http://fortune.com/2016/09/01/medical-marijuana-gun/

[DocWard]

Not news for those selling firearms. Federal government has been very clear on that one. 

[Smoken D]

Cannot say about medical usage, buy my experience with those on marijuana having guns was never a good one. But of course they were not to possess a firearm in the first place.

[Pat Riot]

I was at a gun store in Oregon and a buyer asked the seller what he should put on his 4473 regarding marijuana usage. The clerk asked if he had a medical marijuana card and the guy said "I don't need one. It's legal now" the owner of the store over hearing this came over and said "Regardless of whether or not you have a medical marijuana card your paperwork won't go through if you check the box that says that you use marijuana. FICS will flag it." The guy then said "Okay, fine. I will mark "no". The owner of the store, to his credit said "When you go to buy your guns at another store you might be wise to not mention marijuana." The goofball said "I am not planning to go to another store." The owner smiled and said "Well, you aren't buying any guns here so you'll have to go elsewhere. You shouldn't have told us that you used marijuana. You have yourself a good day."

 

Me and that store owner had a major falling out over another issue but I have to give him credit for his ethics on this matter.

[irish ike, SASS #43615]

So the issue here is the Fed's still see marijuana as an illegal controlled substance. Making it illegal to consume and thus no guns on "their" form.  While legal in some states the issue is handling/shooting a firearm while impaired.

But hey its OK to drink 12 beers and 5 shots of Fireball and then shoot.  No questions abut whether you drink alcohol on the form.

 

Of course in my case I always answer no to any history of mental illness!!!!!! Although I do have an Uncle that does Yoga!

 

Ike

[Utah Bob #35998]

Like it or not, the law is clear. Now when Joe Biden is elected, I’m sure weed will be taken off the list. 

[The Original Lumpy Gritz]

That ruling in the link,  is 2+ yrs old. 

OLG

[Smoken D]

8 minutes ago, The Original Lumpy Gritz said:

That ruling in the link,  is 2+ yrs old. 

OLG

 

Here you go on a newer link dated June 26,2018 and it's the same wording as the one from 2 years ago. Some pot head must of put these together.

 

https://www.thewealthadvisor.com/article/court-rules-medical-marijuana-card-holders-cant-buy-firearms-heres-how-major-retailers-are

[Ramblin Gambler]

4 hours ago, Pat Riot, SASS #13748 said:

Me and that store owner had a major falling out over another issue but I have to give him credit for his ethics on this matter.

 

I'd say his ethics were so-so at best.  He was only covering his own butt.  He flat out told the guy how to commit a crime.  Better hope the pothead doesn't get caught lying at the next store and tell the feds "but the last guy told me to just lie on the form"

 

 

[Pat Riot]

18 minutes ago, Ramblin Gambler said:

 

I'd say his ethics were so-so at best.  He was only covering his own butt.  He flat out told the guy how to commit a crime.  Better hope the pothead doesn't get caught lying at the next store and tell the feds "but the last guy told me to just lie on the form"

 

 

So what's he supposed to do?...He did what he felt was best.

[Ramblin Gambler]

8 minutes ago, Pat Riot, SASS #13748 said:

So what's he supposed to do?...He did what he felt was best.

 

Tell him he cannot buy a gun if he answers yes to that question and medical cards or state legality don't matter.  Then tell him he's admitted he uses marijuana so if he answers 'no' to the question, I (the FFL) will know it's a lie and legally cannot sell him a gun (that is a rule, right?  if an FFL knows the person is lying they can't make the transfer?).  Finally, let him know that lying on the form is a federal crime, and I'm doing him a favor by not giving him a chance to lie.  Let him connect the dots himself about going to another store and lying on the form.  I aint hateful toward marijuana users.  But you can inform someone of the law without spelling out how to circumvent it.  The guy could very well have been a secret shopper from the ATF. 

 

This is all based on the FFL thinking the guy had admitted to marijuana use.  In the story you told I didn't see him flat out admit it.  But it sounded like the shop owner thought he did and that's what matters unless I'm mistaken.  Maybe the guy claimed he didn't use and was just curious because of the state laws (asking for a friend) and the shop owner didn't buy it. In that case adding in "don't mention marijuana at the next shop" wasn't as bad as it initially seemed. 

 

I'm not an FFL.  If FFLs wanna chime in and tell me I'm 1 million percent wrong I will accept it.  I'm just commenting on the general ethics of telling someone how to break the law. 

 

[Pat Riot]

7 minutes ago, Ramblin Gambler said:

 

Tell him he cannot buy a gun if he answers yes to that question and medical cards or state legality don't matter.  Then tell him he's admitted he uses marijuana so if he answers 'no' to the question, I (the FFL) will know it's a lie and legally cannot sell him a gun (that is a rule, right?  if an FFL knows the person is lying they can't make the transfer?).  Finally, let him know that lying on the form is a federal crime, and I'm doing him a favor by not giving him a chance to lie.  Let him connect the dots himself about going to another store and lying on the form.  I aint hateful toward marijuana users.  But you can inform someone of the law without spelling out how to circumvent it.  The guy could very well have been a secret shopper from the ATF. 

 

This is all based on the FFL thinking the guy had admitted to marijuana use.  In the story you told I didn't see him flat out admit it.  But it sounded like the shop owner thought he did and that's what matters unless I'm mistaken.  Maybe the guy claimed he didn't use and was just curious because of the state laws (asking for a friend) and the shop owner didn't buy it. In that case adding in "don't mention marijuana at the next shop" wasn't as bad as it initially seemed. 

 

I'm not an FFL.  If FFLs wanna chime in and tell me I'm 1 million percent wrong I will accept it.  I'm just commenting on the general ethics of telling someone how to break the law. 

 

Honestly...I don't care. Please read the last sentence in my post about us having a falling out.

[Ramblin Gambler]

At any rate.  Good thread.  I'd never even considered what medical marijuana would mean for gun owners.  I can see a dystopian future where gun sales are stopped completely in states where marijuana is legal and doesn't require any sort of card or license. 

[largo casey #19191]

Wht about CBD oil.

                                       Largo

[Sedalia Dave]

28 minutes ago, largo casey #19191 said:

Wht about CBD oil.

                                       Largo

 

Read for yourself.

Congress Approves a Bill to Make CBD Legal at Federal Level

Passage of the 2018 Farm Bill clarifies CBD legal status and lets U.S. farmers grow hemp, but some regulatory questions remain.

.

[Utah Bob #35998]

34 minutes ago, largo casey #19191 said:

Wht about CBD oil.

                                       Largo

It’s complicated

https://medium.com/cbd-origin/is-cbd-legal-legal-status-of-cbd-2018-d1b4a0ed42df

https://cannabusiness.law/dea-clarifies-marijuana-extract-rule-and-cbd-legality/

[Abilene Slim SASS 81783]

The BATF and DEA combine to make a patchwork of contradictory and hypocritical laws. I'm thinkin' it's Miller time.... 

[Loophole LaRue, SASS #51438]

On 12/14/2018 at 1:49 PM, Utah Bob #35998 said:

Like it or not, the law is clear. Now when Joe Biden is elected, I’m sure weed will be taken off the list. 

 

But only for double barrel shotguns used to scare burglars.........

 

LL

[Yul Lose]

But if a person is prescribed psychotropic drugs no problem.

[Subdeacon Joe]

5 hours ago, Loophole LaRue, SASS #51438 said:

 

But only for double barrel shotguns used to scare burglars.........

 

LL

 

 

Only if fired though a closed door:
"“Well, you know, my shotgun will do better for you than your AR-15, because you want to keep someone away from your house, just fire the shotgun through the door.”

[Utah Bob #35998]

2 hours ago, Subdeacon Joe said:

 

 

Only if fired though a closed door:
"“Well, you know, my shotgun will do better for you than your AR-15, because you want to keep someone away from your house, just fire the shotgun through the door.”

Yeah. Don’t worry about the cop responding to the prowler call, Biden. Just fire blindly right through the door. Oy!

God help us if he’s ever President.

[Hardpan Curmudgeon SASS #8967]

27 minutes ago, Utah Bob #35998 said:

Yeah. Don’t worry about the cop responding to the prowler call, Biden. Just fire blindly right through the door. Oy!

God help us if he’s ever President.

 

And now they're floating the suggestion that Beto may be his running mate...