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Posted: 4/17/2020 6:14:58 PM EDT
Someone break down the situation on the little green crosses and firearms purchases, carry permits etc.  I am new to CO and haven't ever been into a dispensary and I haven't burned any flowers since college.  However, I am not opposed to it.  It just wasn't worth the effort in a state where it wasn't legal.

My big question is that the 4473 says

e. 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 medicinal or recreational purposes in the state where you reside.

Also the Colorado Concealed Carry Application states that in order to get a permit one must
"not be an unlawful user of or addicted to a controlled substance as defined by CRS 18-18-102(5).  Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations"

I have been told that dispensaries scan your driver's license when you go in.  I'm not in any hurry, even given the time of year.  I just want to get a handle on whether even going into one of these places is going to put me in a bad spot once the world opens up and I go to get my ccw or grab a new toy.  If it is, I will just continue to not partake.  It just seems like there is an obvious disconnect between the feds and the state level and I don't know if it is a non-issue or something to pay attention to.  I have had someone tell me that a friend went into one and they got flagged when they went to make a purchase.  I have had other friends, one who is in law enforcement, tell me it is a total non-issue and feds don't pay attention because of states rights.  

If this is a grey area where a scanned ID isn't going to pop up and prevent permits and purchases, what is the scenario where if you actually need to use your firearm and it is in your system?

Thanks in advance for any resources/input
Link Posted: 4/17/2020 10:05:09 PM EDT
[#1]
The concept of "straw buyer" comes to mind.  Think about it.

Paladin
Link Posted: 4/18/2020 9:35:21 AM EDT
[#2]
I am not sure what your question is? Everything you need to know is in your post.

Link Posted: 4/18/2020 1:20:16 PM EDT
[#3]
Can the weed shops scan passports?  If they're like the liquor stores, then probably not.  A local talk show host said something like that.
Link Posted: 4/18/2020 5:46:12 PM EDT
[#4]
kchustle you ask: “If this is a grey area where a scanned ID isn't going to pop up and prevent permits and purchases?”

No this is not a gray area.  By answering no to the question on the form 4473 asking if you are a user of illegal drugs (as defined by the Feds) and then signing the 4473, you are committing a Federal felony.  There is no grey area involved.

Now (what appears to be) your real question is will anybody care either now or in the future?  Who knows, your ability to see into the future is probably as good as anybody’s.  Personally I would not commit a documented felony on the hope that nobody will ever care; especially not something concerning guns, where the anti’s are always trying to find new ways to deny the right of firearm ownership to ever expanding swaths of society.

YMMV, but I sure as heck would not voluntarily provide the government with documented proof that I was not allowed to own a firearm.

Link Posted: 4/18/2020 8:56:55 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The concept of "straw buyer" comes to mind.  Think about it.

Paladin
View Quote


Oh it has crossed my mind.  I'm quarantined in a new place...not a lot of local friends to make that happen
Link Posted: 4/18/2020 9:04:05 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
kchustle you ask: “If this is a grey area where a scanned ID isn't going to pop up and prevent permits and purchases?”

No this is not a gray area.  By answering no to the question on the form 4473 asking if you are a user of illegal drugs (as defined by the Feds) and then signing the 4473, you are committing a Federal felony.  There is no grey area involved.

Now (what appears to be) your real question is will anybody care either now or in the future?  Who knows, your ability to see into the future is probably as good as anybody’s.  Personally I would not commit a documented felony on the hope that nobody will ever care; especially not something concerning guns, where the anti’s are always trying to find new ways to deny the right of firearm ownership to ever expanding swaths of society.

YMMV, but I sure as heck would not voluntarily provide the government with documented proof that I was not allowed to own a firearm.

View Quote


I mean, it is grey.  I used to smoke cigars.  I haven't had one in years.  If I fill out paperwork I mark as a non-smoker.  If I decide to have one in the future, I wasn't lying on those forms.  If I then stop again, I am not a tobacco user.  So, the question is what happens when they scan the ID.  If it is permanent record in a database that is an issue.  If it isn't then then it is certainly as grey as it gets.
Link Posted: 4/19/2020 3:36:02 PM EDT
[#7]
entering a place of business does not make you a user.  The burden of proof is on them.

I get my ID scanned when I buy sudafed for a cold, doesn't mean I'm smoking it.

I've in fact been to several pot shops, and never purchased anything from a pot shop.

If you're worried, you can ask around about who doesn't scan and record your ID, send a friend, use another form of ID, but I know SEVERAL people who have been into pot shops and passed 4473's
Link Posted: 4/22/2020 12:00:18 AM EDT
[#8]
I 've known people with red cards that buy guns. It's not that big of a deal. You don't have to use to have it, just like a ccw.
Link Posted: 4/22/2020 5:45:03 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I 've known people with red cards that buy guns. It's not that big of a deal. You don't have to use to have it, just like a ccw.
View Quote



While I personally don't give a shit, I do know that the ATF gives a huge shit about that.  In the unlikely event they find out that someone has a MJ card and owns guns, I feel very sorry for that person.

They've made it very clear that MJ is still illegal under Fed law, and by god they're going to enforce Fed law.

Link Posted: 5/8/2020 7:57:03 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Wulf202:


I get my ID scanned when I buy sudafed for a cold, doesn't mean I'm smoking it.
View Quote

I remember having my CDL recorded to buy sudafed in Indiana.  I was there right after the harvest and my nose was running like the fountain. of Rome.  I'm glad I can buy a jarful at Costco here w/no issue.
Link Posted: 5/11/2020 11:48:38 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By the-fly:



While I personally don't give a shit, I do know that the ATF gives a huge shit about that.  In the unlikely event they find out that someone has a MJ card and owns guns, I feel very sorry for that person.

They've made it very clear that MJ is still illegal under Fed law, and by god they're going to enforce Fed law.

View Quote


This is my ultimate concern.  In my discussions with local law enforcement, they don't give a shit and there isn't any checks with dispensaries.  That being said, if you wanted to do a gun grab at the federal level, it would be really easy to start with people who are otherwise law abiding by enforcing that law.  I don't really care to do something that exposes me to the possibility of giving up my rights.

I still haven't figured out the legality of what happens in a ccw situation.  If you are in an otherwise good shoot, do they test you and find it in your system and then you become instantly guilty?  Not sure, but it wouldn't seem like much of a stretch depending on the DA and their stance on firearms.  Also, does that open you up to a federal case?  I would assume it is possible.
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