I understand that question "e" on the ATF 4473 form asks about illegal use of drugs and therefore can ban a sale, but for those with a legitimate medical use card to control pain associated with various cancers seems to me that the ban just isn't right.. A person controlling pain from cancer via marijuana cannot own a gun to protect themselves?
its simple.......Marijuana is an illegal drug in the eyes of the federal government......that particular question deals with illegal drug use.....hence the exclusion.
Understood all the above, and I agree.. But again I stress the medical use.. And, since all use is illegal to the feds, why aren't those same feds jumping on all the states that authorize use for medical reasons?
But again I stress the medical use.. And, since all use is illegal to the feds, why aren't those same feds jumping on all the states that authorize use for medical reasons?
There is no legitimate medical use for marijuana in the eyes of federal law so having a note from your doctor saying you need pot means nothing to the Feds, & it's the Feds that have to approve the sale.
The Feds not approving a sale and prosecuting states that allow pot are two different things. Part of the reason is we have a president that's a former heavy drug user & he isn't going to go after states about it. The Feds have a hands off policy towards these "medical marijuana" states.
It's a case where state & federal laws aren't in sync & the Feds are the ones in control of NICS so they win when you try to buy a gun. Really what it shows is why we should have never allowed the Feds to institute a background check system. The 2nd amendment says the RKBA shall not be infringed, it doesn't say you have to ask the Feds for permission first.
The W wants to use a topical THC oil for her shoulder. She a friend that uses it and she went off serious pain meds for the first time in many years. It has no effect as far as getting high, but does wonders it seems for things like bad shoulders, arthritis, etc. The W asked her doc about it, and he said he'd write her up a script so she could get the card. I told her don't do it....eventually these medical marijuana cards will wind up in some database, and she'd be screwed for ever possessing or owning another firearm.
Seems every other person that walks down the street here has a "medical marijuana card" for any host of b.s. reasons, but in some cases it seems to be quite legit. Too bad the Feds would rather have people hooked on opiate painkillers than they would for someone to rub some freakin' THC oil on a bad back or joints, but it is what it is. Until that changes, the W will not be getting that card.
The W wants to use a topical THC oil for her shoulder. She a friend that uses it and she went off serious pain meds for the first time in many years. It has no effect as far as getting high, but does wonders it seems for things like bad shoulders, arthritis, etc. The W asked her doc about it, and he said he'd write her up a script so she could get the card. I told her don't do it....eventually these medical marijuana cards will wind up in some database, and she'd be screwed for ever possessing or owning another firearm.
Seems every other person that walks down the street here has a "medical marijuana card" for any host of b.s. reasons, but in some cases it seems to be quite legit. Too bad the Feds would rather have people hooked on opiate painkillers than they would for someone to rub some freakin' THC oil on a bad back or joints, but it is what it is. Until that changes, the W will not be getting that card.
Exactly why I don't use topicals. I would in a heartbeat if the feds would allow it.
Now this is California, so it lays the groundwork for interesting activities in the future.
1) Guns are registered in California, so I'm expecting state cops to be cross referencing the gun owner database with medical marijuana database and conducting house "visits" to make sure you are compliant with federal law. If they can't access the medical marijuana database at the moment due to privacy laws, an exception will be carved out in a year or two.
2) The gun owner themselves won't have to be the one with the medical marijuana card, I'm guessing it will be an address correlation so that kids/spouse/etc. will trigger it. Didn't know your kid had a card? Sucks to be you.
Remember, they're not after your guns... until they show up on your doorstep.
The W wants to use a topical THC oil for her shoulder. She a friend that uses it and she went off serious pain meds for the first time in many years. It has no effect as far as getting high, but does wonders it seems for things like bad shoulders, arthritis, etc. The W asked her doc about it, and he said he'd write her up a script so she could get the card. I told her don't do it....eventually these medical marijuana cards will wind up in some database, and she'd be screwed for ever possessing or owning another firearm.
Seems every other person that walks down the street here has a "medical marijuana card" for any host of b.s. reasons, but in some cases it seems to be quite legit. Too bad the Feds would rather have people hooked on opiate painkillers than they would for someone to rub some freakin' THC oil on a bad back or joints, but it is what it is. Until that changes, the W will not be getting that card.
MJ lobbyists aren't ponying up enough cash.....yet. Until they get at least even to big pharm and Beer nothings going to change.
i have several clients/friends who own firearms businesses. What's funny is they require proof of I.D. with the paperwork. A guy is filling out a 4473 and pops out one of thosse medical m.j. cards. He is declined then gets jerked off. Did he even read the 4473? Now the health care concern i go to, big in arizona, as a questionaire to be filled out that goes in the computer. One of the questions is on M.J. use. You think that isn't going to be cross indexed at some point?
Here, LE looks for weed to be in the original packaging. Put it in a jar or someother container and they will confiscate it. Med cards don't seem to mean much anymore.
As to the ruling, makes sense to me. They are talking federal law.
The 9th got it right. Even if it is legal in your state and you use pot and mark no on the form it is a federal felony. It is a risk I will not me taking.
MJ legalization is making a lot of things really iffy. Now you can't buy a gun. The whole drug testing of employees where MJ is legal is some serious gray area. There's going to be a lot of bumpy roads with the MJ thing.
Just because you have a card doesn't mean you ever bought any medical mj. Hell I've had lots of prescriptions I've never filled. Dentist says if the pain gets too bad go get some Tylenol 3. The rx just lays on the counter.