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Posted: 11/14/2016 11:51:18 AM EDT
Hi guy.  One of the local posters from our state put this up and, since you all passed pot use for fun, I thought I'd share this with you.  If you can't by a firearm because of medical pot use, what's going to happen if you use pot for fun?  Certainly seems like this is going to be a real potential problem unless someone challenges the laws but that'll take years.  Good luck with that!!

FYI for anyone interested. OLR issued on Oct. 19, 2016.

2016-R-0239 CAN MEDICAL MARIJUANA CARD HOLDERS BUY FIREARMS?
https://www.cga.ct.gov/2016/rpt/pdf/2016-R-0239.pdf

SUMMARY
In August, a three-judge panel of the Ninth Circuit Court of Appeals affirmed a decision by the U.S. District Court of Nevada, which held that the holder of a medical marijuana card could not purchase a firearm (Wilson v. Lynch, F.39---(2016), (2016 WL 4537376)).

The case involved a state marijuana registry cardholder whose request to purchase a firearm was denied because ATF had instructed gun dealers that they should assume that medical marijuana cardholders use marijuana and not sell firearms to them. (Selling firearms in violation of the law is a felony, punishable by up to 10 years imprisonment.)

The woman sued in federal district court, challenging the federal statutes, regulations, and ATF guidance on several constitutional grounds. The district court dismissed the claims, noting, with regard to her 2nd Amendment claim, that the Ninth Circuit had previously upheld the federal ban on gun ownership by illegal drug users.

On appeal, the Ninth Circuit upheld the federal law, ruling that it “furthers the Government’s interest in preventing gun violence” because marijuana users “are more likely to be involved in violent crimes.” The Court held that banning medical marijuana card holders from buying firearms does not violate the 2nd Amendment. And it does not violate due process rights because “there is no constitutionally protected liberty interest in simultaneously holding a registry card and purchasing a firearm.” The Court also held that the ATF letter does not violate the Administrative Procedure Act (APA) because it is interpretive and thus exempt from APA notice and comment requirements.
Link Posted: 11/14/2016 8:58:55 PM EDT
[#1]
Link Posted: 11/15/2016 6:46:33 PM EDT
[#2]
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Quoted:
It will be interesting to see how this plays out. 4473 asks if you are "unlawful user or addicted to"  which could be a NO to both questions but still use pot now. I mean if you use lawfully and are a recreational user who grows their own, how does that work. It's kind of like saying if you use alcohol, no guns for you.
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As I told one of my friends, Smoking pot although accepted medicinally in certain states is still federally illegal. Therefore doing so makes it illegal to posses firearms.
Link Posted: 11/20/2016 3:20:16 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

As I told one of my friends, Smoking pot although accepted medicinally in certain states is still federally illegal. Therefore doing so makes it illegal to posses firearms.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
It will be interesting to see how this plays out. 4473 asks if you are "unlawful user or addicted to"  which could be a NO to both questions but still use pot now. I mean if you use lawfully and are a recreational user who grows their own, how does that work. It's kind of like saying if you use alcohol, no guns for you.

As I told one of my friends, Smoking pot although accepted medicinally in certain states is still federally illegal. Therefore doing so makes it illegal to posses firearms.


And how far they going to take this.. they going to go as far as taking them away from card holder?

This just opens a whole lot of bs to come.

The for fun users can still answer no since there's no way for the ffl dealer to know vs the med card people that are on a state list...
Link Posted: 12/4/2016 2:41:22 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


And how far they going to take this.. they going to go as far as taking them away from card holder?

This just opens a whole lot of bs to come.

The for fun users can still answer no since there's no way for the ffl dealer to know vs the med card people that are on a state list...
View Quote



If you answer no then you'll be lying on the 4473.  It's still federally illegal.  If for what ever reason the ATF finds out that you smoke weed and purchased a firearm they can go after you for lying on the 4473.
Link Posted: 12/7/2016 3:41:14 PM EDT
[#5]
Yeah I get that. I just mean it's gonna hose the people that try to do things the right way.
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