Author Topic: fed court rules medical MJ card means no new guns....  (Read 3636 times)

Offline mountainmoma

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fed court rules medical MJ card means no new guns....
« on: August 31, 2016, 05:49:17 PM »
I forgot to get the news link, but the 9th circuit federal court has ruled that having a medical Marijuana card is grounds to not be allowed to purchase a gun, it is failing the background check. So, that means when the new Californisa background check for ammo starts in Jan. either alot of medical users will be denied, or alot of medical users will forget to indicate it on the background check form ( federal form 4---  somethin.... I have a mind like a sieve today)

Ok, links are everywhere today, but here is a quote from Truth ABout Guns website:

" ....The United States Court of Appeals for the Ninth Circuit has affirmed the dismissal of a Nevada medical marijuana card holder’s challenge to the BATFE’s “Open Letter” to FFL’s, as well as the underlying statutes and regulations. The July 2011 “Open Letter” directed FFL’s not to sell guns or ammunition to users of marijuana, even where such use has been legalized or decriminalized under state law. Put simply, the BATFE’s position is that (emphasis added):

    “[A]ny person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.

    Such persons should answer “yes” to question 11.e. on ATF Form 4473 . . . and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 11.e. on ATF Form 4473.”

Ms. Wilson is the holder of a medical marijuana card issued by the State of Nevada. When she attempted to purchase a firearm from a Nevada FFL, the store owner stopped her from answering Question 11e on the Form 4473 because he knew she had a medical marijuana card. Wilson then handed in the 4473 with Question 10e left blank.

Having received the BATFE “Open Letter” a few days before, the FFL refused to sell the firearm to her. Wilson then filed suit in federal court, asserting that the BATFE’s position and the underlying statutes and regulations prohibiting illegal drug users from purchasing firearms or ammunition violated her constitutional rights.

Affirming the dismissal of her lawsuit, the Ninth Circuit held that the prohibition on unlawful drug users purchasing firearms or ammunition was not a Second Amendment violation. Citing its previous decision of United States v. Dugan, the Court reasoned that just as felons and the mentally ill can lawfully be prohibited persons, so too can users of illegal drug....."
« Last Edit: August 31, 2016, 06:02:03 PM by mountainmoma »

Offline RitaRose1945

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Re: fed court rules medical MJ card means no new guns....
« Reply #1 on: August 31, 2016, 07:25:18 PM »
It doesn't make sense with regard to common sense, but it makes sense legally.  You're technically a criminal if you imbibe, so you can't legally purchase.  I don't really agree, but it makes legal sense.


It's the same thing when it comes to banking.  I have a marijuana dispensary literally less than a mile from my house.  I'm in a good neighborhood and there have been zero problems from that dispensary.  But sales of large safes have gone up quite a bit in my state (and even more in Colorado) because the income from the sales at dispensaries are not allowed to be deposited into FDIC insured banks or NCUA insured credit unions.  Technically, the money is proceeds from criminal activity as far as the Feds are concerned.


Interesting note: when I went to a local credit union's website (I couldn't remember the insurer for credit unions) they had a note at the bottom of the page saying that the deposits were insured by a private insurance company, not the NCUA "by member choice."  So I wonder of they're bypassing the FDIC/NCUA issue by privately insuring.

Offline FrugalFannie

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Re: fed court rules medical MJ card means no new guns....
« Reply #2 on: August 31, 2016, 07:38:11 PM »
then people on lots of prescribed meds should be disallowed by their logic. they are denying a right because someone has a medicinal need.

Offline TheRetiredRancher

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Gun buyers beware, don't get a medical marijuana card!
« Reply #3 on: September 01, 2016, 06:17:17 AM »
The 9th circuit court of appeals that  having a medical marijuana card can be reason enough to not sell you a firearm do to it being an illegal drug (by Us Government standards) even if it is legal in your state of residence. 

http://www.foxnews.com/us/2016/08/31/appeals-court-upholds-ban-on-gun-sales-to-medical-marijuana-card-holders.html

Gary Johnson needs to add this to his talking points.  I wonder how many of the older 2nd amendment crowd have a medical marijuana card for pain management? 

Offline David in MN

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Re: Gun buyers beware, don't get a medical marijuana card!
« Reply #4 on: September 01, 2016, 07:29:01 AM »
So if your body is so ravaged by cancer that the only way you can eat is to take pot you should be able to defend yourself with your fists? Thanks government.

Offline FrugalFannie

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Re: Gun buyers beware, don't get a medical marijuana card!
« Reply #5 on: September 01, 2016, 08:03:50 AM »
but you can be on any number of prescription drugs which "may cause depression, suicidal thoughts or rage" and legitimately pass the background check. Makes sense to me!   ::)

Offline Ms. Albatross

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Re: Gun buyers beware, don't get a medical marijuana card!
« Reply #6 on: September 01, 2016, 08:11:10 AM »
There was already another thread going about this topic

http://thesurvivalpodcast.com/forum/index.php?topic=58661.msg690888#msg690888

Offline Mr. Bill

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Re: fed court rules medical MJ card means no new guns....
« Reply #7 on: August 12, 2019, 02:02:15 PM »
Reminder: the US federal government still says no guns for you if you use marijuana.

Reuters, 8/12/19: Friend of gunman in Ohio mass shooting faces federal gun charges: prosecutors

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...U.S. Attorney Benjamin Glassman charged Betts’ friend, Ethan Kollie, 24, of Kettering, with making a false statement regarding firearms. He was also charged with possession of a firearm by an unlawful user of a controlled substance, according to court documents. ...

During an interview at Kollie’s home on the day of the shooting, agents smelled marijuana and noticed a marijuana bong and a Micro Draco pistol in his possession...

Kollie, who was arrested Friday, faces up to 15 years in prison if convicted. ...

Offline NWPilgrim

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Re: fed court rules medical MJ card means no new guns....
« Reply #8 on: August 12, 2019, 02:45:34 PM »
Pretty straightforward that federal law has to be consistent. Engage in disallowed activity and give up access to firearms.

What I think will be interesting are all the businesses involved in running a marijuana farm and distribution. I don’t smoke it, but if I install a sprinkler system for a known state allowed weed farm am I also engaging in federal criminal activity? What if I am an investor in a weed farm or head shop? A trucker transporting weed products?

I guess according to form 4473 as long as I am not prosecuted and not ingesting it then I am OK. But will the Feds one day make mass arrests for RICO violation of a state’s marijuana industry?

Offline David in MN

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Re: fed court rules medical MJ card means no new guns....
« Reply #9 on: August 12, 2019, 03:25:44 PM »
You've got to hand it to the left. They legalize weed and the feds go after the gun owners...

Offline FreeLancer

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Re: fed court rules medical MJ card means no new guns....
« Reply #10 on: August 12, 2019, 03:41:13 PM »
My gun store is always reminding new buyers that they don’t actually use any marijuana when they check the wrong box.

Offline mountainmoma

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Re: fed court rules medical MJ card means no new guns....
« Reply #11 on: August 12, 2019, 07:58:08 PM »
SO, anybody read anything about people failing background checks for ammo due to this ? Or is our state ammo background check somehow different than the federal background check....

Offline iam4liberty

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Re: fed court rules medical MJ card means no new guns....
« Reply #12 on: August 12, 2019, 09:13:44 PM »
SO, anybody read anything about people failing background checks for ammo due to this ? Or is our state ammo background check somehow different than the federal background check....

They are currently hiding the full data.  Best info is that they denied about 11,000 ammo purchases but about 10,900 of them were already proven to be mistakes.  Of the remaining 100, it isnt clear how many, if any, were legitimately illegal.  Probably none as they have refused to give a single example.  Based on this, few if any, would have been denied for medical MJ use.

Offline FreeLancer

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Re: fed court rules medical MJ card means no new guns....
« Reply #13 on: August 13, 2019, 12:46:29 AM »
My gun store is always reminding new buyers that they don’t actually use any marijuana when they check the wrong box.

Guess they've changed their tune.  I was picking up tonight and noticed a sign on the front door stating no gun sales for MJ users.

Offline DDJ

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Re: fed court rules medical MJ card means no new guns....
« Reply #14 on: August 13, 2019, 09:50:16 AM »
Do I understand correctly that in California they are filling in a 4473 for a brick of 22s?  Does that include the NICS check?  If that is true it could explain why a clerk was telling a lady last night that he had been on hold 20 minutes 3 times during the day doing the background check.


I am just watching the news and holding my breath for the raids to start.  I think there is a big plan.  I doubt it will happen until after the election though.  No need to have .Gov stir the pot and drive more people to the other side.  Or it could be that they are going to do it just before so that Trump will look bad to all the fence sitters for jailing the poor stoners who were legal in the states eyes.  HMM. 

Offline iam4liberty

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Re: fed court rules medical MJ card means no new guns....
« Reply #15 on: August 13, 2019, 10:10:48 AM »
Do I understand correctly that in California they are filling in a 4473 for a brick of 22s?  Does that include the NICS check?

No.  It is California's own registry.  They pay $1 on each check which feeds the growing bureaucracy. 

Offline David in MN

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Re: fed court rules medical MJ card means no new guns....
« Reply #16 on: August 13, 2019, 11:57:45 AM »
Anybody else weirded out that this only applies to guns? If the position is that the federal government won't work with known (federal) felons then they need to be denied passports, TSA screening, access to federal parks and land, postal service, Social Security, Medicare, Medicaid, and a host of other federal services.

Real odd they just chose guns. Real odd.

Offline Mr. Bill

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Re: fed court rules medical MJ card means no new guns....
« Reply #17 on: August 27, 2019, 03:32:29 PM »
DEA announces that CBD and hemp products containing less than 0.3% THC are no longer controlled substances.  I assume (but can't guarantee!) that this means CBD users are no longer in danger of losing their right to keep and bear arms.

DEA, 8/26/19: DEA announces steps necessary to improve access to marijuana research

Quote
The Drug Enforcement Administration today announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States. ...

This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture. The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it. ...

Offline NWPilgrim

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Re: fed court rules medical MJ card means no new guns....
« Reply #18 on: September 15, 2019, 10:21:40 AM »
This is a very interesting development. Hemp use to be a common farm product for rope and other fiber products. I wonder what this means for American farmers if hemp can be an important addition to their crops or if synthetics have totally obsoleted it?