Can I by law have a Medical Marijuana card and have firearms?

[Shoot th3 moon]

In the last year iv been looking into changing medications and leaning towards medical marijuana. Seems safer then prescription Meds.
If I take that route, is my gun rights at stake?

[knockonit]

sure if you wanna lie on your fed application form during purchase.



and of course everything on the internet is real and truthful.

jmo
RJ

[knockonit]

sure if you wanna lie on your fed application form during purchase.



and of course everything on the internet is real and truthful.

jmo
RJ

just in case one might be slow, this is an attempt at sarcasm.

[Harrier]

I think I read a story where Calif (I know this is AZ but...) cross referenced their MM card database with their Gun Owner database and then went knocking on doors (maybe they sent out a letter first) I don't recall if they went knocking at 3am or not...
It is against federal law to have both because it is considered admission that you are a habitual drug user. IIRC the feds are pressuring the states to turn over any info they have on their subjects.

[shooter444]

Well, the feds don't seem to be all that interested in taking away opiate addict's self defense tools, why should they infringe on a weed consumer.

I guess the Legal Pot Industry needs to put some of their cash flow into some high dollar lobbyists.

[AZ1]

If I take that route, is my gun rights at stake?

Yes

[TheRifleman]

Let the misinformation flow once again...

[Harrier]

Let the misinformation flow once again...

really? what misinformation are you referring to? and what do you have to add to the subject ???

If I had the time I would look it up and post links, however recently I happened to see this exact thing addressed in an article in SAR magazine Vol 20 #1 page 16 (Jan.2016). This was before Sessions was sworn in and if you have been paying attention he has said it is still against Fed law and isn't giving a pass to those states that have legalized it. It really doesn't affect me so I may have a couple details wrong but overall I'm sure I'm right.

here, if you believe the news media, read these before you answer...

https://www.washingtonpost.com/news/won ... edirect=on

https://www.cbsnews.com/news/oklahoma-m ... a-or-guns/

https://www.pennlive.com/news/2018/01/m ... s_mus.html

so maybe it was Hawaii... but I'm sure I read somewhere Kalif was doing it too.
https://www.zerohedge.com/news/2017-12- ... ijuana-use

coming to a state near you... I guess Illinois tried it too.
https://merryjane.com/news/hawaii-medic ... ontroversy

[knockonit]

lOL, getting valid gun rights information that is truly real on a gun site is well, like asking your neighborhood bartender about your impending law suit

ca'mon, we all know you can quote this, that, but if i was in the need to know, its simple to go to atf, or call and discuss with agent, in regards this.

Its item 12 or 13 on the form, do you use mary jane, or other drugs. lie and go to jail, tell the truth, and go to jail and loose yer stuff, it is only true if you get caught.

so the moral is. : its only against the law if you get caught.

there
Rj

[Harrier]

...

so the moral is. : its only against the law if you get caught.

there
Rj

so true today, with so many laws your gonna hang for something... We used to call that NY law
(or whatever state you lived in at the time0

[TheRifleman]

Let the misinformation flow once again...

really? what misinformation are you referring to? and what do you have to add to the subject ???

If I had the time I would look it up and post links, however recently I happened to see this exact thing addressed in an article in SAR magazine Vol 20 #1 page 16 (Jan.2016). This was before Sessions was sworn in and if you have been paying attention he has said it is still against Fed law and isn't giving a pass to those states that have legalized it. It really doesn't affect me so I may have a couple details wrong but overall I'm sure I'm right.

here, if you believe the news media, read these before you answer...

https://www.washingtonpost.com/news/won ... edirect=on

https://www.cbsnews.com/news/oklahoma-m ... a-or-guns/

https://www.pennlive.com/news/2018/01/m ... s_mus.html

so maybe it was Hawaii... but I'm sure I read somewhere Kalif was doing it too.
https://www.zerohedge.com/news/2017-12- ... ijuana-use

coming to a state near you... I guess Illinois tried it too.
https://merryjane.com/news/hawaii-medic ... ontroversy

Yes, because the Washington Post is valid legal authority. Why don't you check out what happened in Hawaii about 3 days after the article you posted. The NV case has absolutely nothing to do with how she answered the questions on the form, and everything to do with the FFL's duty under the ATF guidance. I'd say read the case, but based on your pathetic display of reading comprehension in other posts, it wouldn't do much good. There's a difference between having a marijuana card and being a user - the court decision clearly stated as much. Not all users are card holders and not all card holders are users.

[YNOTAZ]

All criminality is dependent upon getting caught but to answer Rifleman:

Yes having an MMC preempts your right to buy a firearm AND MORE!

ATF changed the 4473 to include the following language:

“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

The 9th circus court, which Arizona falls under also ruled on the question,

The 9th Federal Circuit Court has upheld the ATF’s interpretation on possession of a medical marijuana card as “intermediate proof” that you have no right to possess, transfer or purchase firearms and ammunition .


For the untrained eye, when they gave that ruling they said no “right to possess FIREARMS AND AMMUNITION”.

That also preempts private sales and possession until somone gets that ruling changed by SCOTUS.

If you've got the money to take it there, have at it. I have a piss-ant suit going in AZ and I can tell you that I don't have the money to play in low level federal court system much less SCOTUS.

[TheRifleman]

"The panel held that plaintiff’s Second Amendment claims did not fall within the direct scope of United States v. Dugan, 657 F.3d 998 (9th Cir. 2011), which held that the Second Amendment does not protect the rights of unlawful drug users to bear arms. Taking plaintiff’s allegations in her first amended complaint as true – that she chose not to use medical marijuana – the panel concluded that plaintiff was not actually an unlawful drug user."

You're answering a question that was not asked. The question was, "Can I by law have a Medical Marijuana card and have firearms?" Simply having a mmj card does not make you an unlawful drug user. Those aren't my words, they aren't the words of some quack journalist playing lawyer, those are the words of three circuit Court of appeals judges.

The case has been published - read it. It's pretty clear what was and wasn't decided. There are many articles out there that either intentionally or unintentionally misstate the facts, many of which routinely get cited in forums, which is what prompted my original comment.

[AZ1]

Two questions were asked.

[TheRifleman]

Two questions were asked.

C'mon buddy, follow along.