Guns and MJ cards

[Manitu]

Now I have 2 conditions on the list qualify for medicinal mj. If I get card I can't fill out form honestly as sales are prohibited. Already owned guns what is the status, gotta get rid of them? Noticed my cvw renewal form had some new mj questions. So if I go the card route no new purchases, but I have several existing guns, no clear idea about those. So??.?

 

[AZ Husker]

Simply possessing the card does not make you a prohibited user.

 

[Harrier]

IMO I think the real risk is being in the MJ database- IIRC one state (probably Ka) did a Xref between their GO db and the MJ db and then went hunting. Of course the feds do the same thing since it isn't legit at the Natl level... basically if you get acard or even admit to it on a medical questionnaire- you take a risk.

 

[Dauph]

Maybe Marc Victor could answer the questions and probably has. He normally speaks at the gun shows or did. He may offer some free advice if you contact him.

Looks like he will be at C2 Tactical 6/30.

Not sure your illness but I have seen the benefits. One of my wife’s family members was tired if prescription meds side effects. He wasn’t looking to good at one point. After another surgery the doctor recommended it. Sleep has improved and pain is much better. He no longer walks with a cane and is back making things out of wood in his shop. Huge difference.

 

[TheJediknight308]

Whatever the law is...

And I know this conversation is to try to interpret the law...

But whatever the law is...

I think you/we the people, are fine as long as they are not in your possession at the SAME TIME AND PLACE IN PUBLIC.

Putting the two together is just a whole new ball game I am not ready to play.

and when it is time for us to use the Tin Foil Hats....

they are coming for you first

 

[Racewin]

Check federal law on this, not state law.

 

[Flash]

Check federal law on this, not state law.

And here's what the Feds have to say on the form 4473. It couldn't be clearer.

https://www.atf.gov/file/61446/download

11e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic
drug, or any other controlled substance?

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

 

[87jeep]

The Fed's have cut and dried the subject(for the most part). You may think "well if", but the Fed's officer will/may not understand "if". And once in cuffs, it costs a lot of money to clear your record(if ever).

Carry on

 

[Chico]

Check federal law on this, not state law.

And here's what the Feds have to say on the form 4473. It couldn't be clearer.

https://www.atf.gov/file/61446/download

11e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic
drug, or any other controlled substance?

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

I've seen a couple of sales denied by a store when a person pulled out their medical marijuana card when getting their ID out to purchase a firearm. The store told them that federal law prohibits it and the fact that they have a card is them admitting to being a user. I'm not sure if they were correct in that assumption but they stopped the sale.

 

[Manitu]

What is not clear so far, what of the guns owned prior to getting a card. No card here yet but considering.I understand they can not sell a gun to you any longer 4473 form, just the already owned ones is fuzzy .

 

[FenixMike]

The government has a history of being in the "gray" area until case law or regulation states otherwise... much like the pistol braces, bump fire stocks and other things that no one really cared about, if they get enough letters asking questions, or issues occur from combining the two, you will then get a black and white, and likely not in favor of.

Federal LEOs still cite for and seize marijuana, even with a MJ card, and its up to the officer if he also wants to seize your firearms you may be carrying (CCW even) or shooting at the time... or if you happen to be in the party of someone who has it. At this point, its up to you to defend your case and get your firearms back. How and what happens will likely be determined by the officer if he feels you are under the influence of marijuana, causing a dangerous situation with others in the area, driving your vehicle at the time etc.

If youre going to smoke at your house, that's one thing, but another completely to have it on your person, accompanied by a firearm. Plenty of people drink at their house or camping and have a firearm, but you dont see them going into bars (legally) or walking around on the street with alcohol and a firearm. The Medical MJ database is searchable by law enforcement so id imagine it wouldn't be a difficult case to get your application/issue date of the card, then check your last 4473 application date, as well as which options you selected for marijuana usage. Would they waste time prosecuting a case for falsification of a federal document? who knows, but I wouldn't want to find out, or be the first example they use to follow up with legislation or regulation on it.

 

[AZ Husker]

I do find it humorous that both the CCW and MMJ cards are issued by the state.