Gun laws and pot

ohmy

ohmy

Well-Known Member
NA just be smart about shjit dude...do not have guns out ..keep locked up and you should never have a problem..Nra loves pot heads to
 
T

TON UP

Active Member
Well if you buy a gun and they ask if you have ever taking drugs on the FED background check, won't lying get you a fed charge on something.
 
RawBudzski

RawBudzski

Well-Known Member
say NO to that question.. Your MMJ is a medical rec? & should not pop up on a background check I thought seeing as it is private.
 
Maine Brookies

Maine Brookies

Active Member
tet1953 said:
I agree. Is a guy on a legit script for oxy going to answer yes?
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The oxy script is recognized by the feds. The cannabis rec isn't. The best answer is that the status of gun rights and medical cannabis is unclear - except, as mentioned above, in Oregon where a patient took the issue to the state Supreme Court and won. Even that small victory could be overturned by a federal decision that goes the other way.
 
tet1953

tet1953

Well-Known Member
You make a good point, MB. The perspective I was taking is that the issuance of the gun license is a state or local thing, correct? If so, then I believe the laws of the state of Maine should inform your answer. According to Maine law, a certified mmj patient could answer no to the question about "taking drugs", as it pertains to mj... imo of course.
 
Jogro

Jogro

Well-Known Member
kountdown said:
According to the federal gov't, medical marijuana users have no 2nd Amendment rights.

Here's a link to the letter from the ATF:
http://static.infowars.com/2011/09/i/general/ATFOpenLetter092111-1.pdf
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Thank you for posting the definitive answer.

For whatever reason that link doesn't work properly for me, but here is a decent summary article:
http://www.denverpost.com/news/marijuana/ci_19026921

Personally, I don't like this one bit, but since possession of marijuana is still illegal under Federal law, I don't see how the ATF really has much choice here.

Being Devil's advocate, being a heroin addict doesn't abrogate your first amendment rights. You still enjoy freedoms of speech, religion, press, etc. Being addicted to amphetamines doesn't remove your fourth amendment right to protection from unreasonable search and seizure. These things don't remove your fifth amendment right against self-incrimination. They don't remove your eighth amendment right against cruel and unusual punishment.

So I think a pretty good argument could be made that merely being a user of marijuana "should not" remove your right to keep and bear arms. As a side, but still relevant issue, I strongly doubt that anyone can produce good empirical evidence that marijuana users as a whole are significantly more likely to commit violent crimes than non-cannabis users.

Unfortunately, the US Supreme court has already made multiple rulings suggesting the opposite, that its OK for the Federal govt to bar criminals and drug addicts from owning guns.

Really, the only way to resolve this conflict is for legalization or decriminalization of cannabis on a Federal level. Until/unless the Federal gov't changes its 1930s mentality towards cannabis, there is always going to be this tension.
 
Jogro

Jogro

Well-Known Member
tet1953 said:
You make a good point, MB. The perspective I was taking is that the issuance of the gun license is a state or local thing, correct? If so, then I believe the laws of the state of Maine should inform your answer. According to Maine law, a certified mmj patient could answer no to the question about "taking drugs", as it pertains to mj... imo of course.
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Here is the specific question on the 4473 form you have to fill out when you buy any gun FROM A DEALER:

"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
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Even if you stipulate that marijuana is not addictive, and that you are therefore not "addicted" to its use, and even if you stipulate that if you're an MMJ patient, you're legally entitled to use MMJ under your particular state's law, you are still prohibited from using it under FEDERAL law.

Again, ALL USE of CANNABIS IS CURRENTLY ILLEGAL IN THE USA UNDER FEDERAL LAW, EVEN MEDICAL USE.

​
So, the quick answer is, if you're adhering to the letter of the law, you can't legally buy a gun if you regularly smoke pot (ie you're a "user").

Saying you didn't smoke it "that day" or your'e not high at the time of the actual purchase don't change this. If you use the stuff on a regular basis, you're legally considered a "user" and this applies.

Again, I don't like it. . .see above.
 
W

whitegato777

Well-Known Member
Maine Brookies said:
The oxy script is recognized by the feds. The cannabis rec isn't. The best answer is that the status of gun rights and medical cannabis is unclear - except, as mentioned above, in Oregon where a patient took the issue to the state Supreme Court and won. Even that small victory could be overturned by a federal decision that goes the other way.
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do you have more information about that court case? Ive been following it and I can't find anything that shows the results of the court decision.

Jogro said:
Here is the specific question on the 4473 form you have to fill out when you buy any gun FROM A DEALER:

Even if you stipulate that marijuana is not addictive, and that you are therefore not "addicted" to its use, and even if you stipulate that if you're an MMJ patient, you're legally entitled to use MMJ under your particular state's law, you are still prohibited from using it under FEDERAL law.

Again, ALL USE of CANNABIS IS CURRENTLY ILLEGAL IN THE USA UNDER FEDERAL LAW, EVEN MEDICAL USE.

​
So, the quick answer is, if you're adhering to the letter of the law, you can't legally buy a gun if you regularly smoke pot (ie you're a "user").

Saying you didn't smoke it "that day" or your'e not high at the time of the actual purchase don't change this. If you use the stuff on a regular basis, you're legally considered a "user" and this applies.


Again, I don't like it. . .see above.
Click to expand...
 
W

whitegato777

Well-Known Member
Jogro said:
Here is the specific question on the 4473 form you have to fill out when you buy any gun FROM A DEALER:

Even if you stipulate that marijuana is not addictive, and that you are therefore not "addicted" to its use, and even if you stipulate that if you're an MMJ patient, you're legally entitled to use MMJ under your particular state's law, you are still prohibited from using it under FEDERAL law.

Again, ALL USE of CANNABIS IS CURRENTLY ILLEGAL IN THE USA UNDER FEDERAL LAW, EVEN MEDICAL USE.

​
So, the quick answer is, if you're adhering to the letter of the law, you can't legally buy a gun if you regularly smoke pot (ie you're a "user").

Saying you didn't smoke it "that day" or your'e not high at the time of the actual purchase don't change this. If you use the stuff on a regular basis, you're legally considered a "user"
Click to expand...
I'm curious, what if your a legal card holder but you choose not to smoke or consume, wouldnt they have to prove that you're an actual user? having the card shouldn't justify their rulings. also anabolic steroids are considered a controlled substance under federal law. so if I have a local doctor prescribing me testosterone for a deficiency, then should I also be considered as a illegal guns carrier?
 
Kush70

Kush70

Well-Known Member
M

mdanforth

Well-Known Member
Chris Benoit was also on uppers, downers and tons of narcotic pain meds.....I spent my whole life as a world class lifter, I know some of those pro wrestlers from my travels and one would be surprised at the shit the take....the only people that used roid rage as a excuse were the ones that were world class assholes to begin with....
 
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