Owning a hand gun

colonuggs

Well-Known Member
Someone was telling me as a Colorado MMJ card holder... its illegal for us to get a hand gun or a consealed weapons permit ....Is this true:confused:

I mean like buying a gun from a gun show and them having to run our info... you know warrants check... felonies check
 

colonuggs

Well-Known Member
...............Guess what bros....You get your MMJ Card .....you are now a "REGISTERED" user of marijuana...You give up your right to "LEGALLY" buy or carry any guns


Is it legal to have a medical marijuana prescription and purchase a firearm? No.
Look at the BATFE's 4473 form, called the Yellow Sheet, which you must fill out when purchasing a firearm through a dealer.
http://www.thundertek.net/documents/4473.pdf
Look at question 12 e. It asks a purchaser: “Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”
Remember, this is a federal form, so it’s asking if the purchaser is a user to a (federally deemed) unlawful substance. Federal law still considers the use marijuana illegal. So, a legal Colorado user of marijuana could not answer 12 e. with a “No”. And if you answer “Yes”, you can’t buy a firearm from a dealer.
Also, the 1968 Gun Control Act says (TITLE 18 > PART I > CHAPTER 44 > § 922) click here for a link:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

Can someone who has a medical marijuana prescription possess a firearm? No.
18 U.S.C. § 922 (g)(3) and 21 U.S.C. § 802 both prohibit anyone who is a user or is addicted to any controlled substance, including marijuana, from possessing, owning, purchasing, receiving, or having within his custody any firearms.

Can someone who has a medical marijuana prescription get a concealed handgun permit? No.
From Colorado Revised Statutes, 18-12-203
Criteria for obtaining a permit
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 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.
So, on every CCW application, you'll see this question:


"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"​

So, unless federal law is changed, application for a permit usually is denied, since federal law still considers the use of marijuana unlawful
 

GreedAndVanity

Well-Known Member
Wow that's some serious ish. I wonder if all 'controlled substances' are weighed equally! There are so many people that have prescriptions for all kinds of shit. I wonder how enforced this is.

This goes on my list of things to not care about if I ever decide to live in colorado.
 

colonuggs

Well-Known Member
I dont see how they can cross refernce this seeing as how your medical records are for the eyes of your docotor and You
 

colonuggs

Well-Known Member
we stoners are too mellow anyway....I would rather smoke a bowl with you than shot ya....its not like pot makes you mad...makes me mellow and sleepy

Its not like I'm a felon...the next thing ya know... we wont be able to vote either
 

GreedAndVanity

Well-Known Member
I have grown up with firearms so that is the only reason I care. They are a part of my everyday life. The fact that it could be derived from the laws set forth by the state is fucked up. Being responsible and being a stoner are not related and they are seeming to be lumped together.

Straight BULL ISHHHHHH

Edit--

Infact is there no difference between a lawful and unlawful user of cannabis? Would Medical not be lawful?
 

MacGuyver4.2.0

Well-Known Member
The problem is that the FEDS keep stepping on the states rights. That is WHY we have laws of the states that are independant of the federal government. If you get your gun permits or firearms LEGALLY within state & federal laws THEN later you become a LEGAL MMJ user the Federal Government DOES NOT have the right to take away firearms that were were legally obtained and licensed. The BATF and and DEA have been dragging our U.S. Constitution 2nd Amendment rights through the mud for years now. With the very recent decision of the VHA to allow veterans with PTSD to obtain and use MMJ, I believe you are going to see the curtains start dropping on this whole dog and pony show the government keeps trying to force down our throats. IF you also look at the vague wording of those clauses, they state 'controlled substance'... which also means Oxycotin, Percoset, Valium and a host of other opiates that ARE LEGAL (with a doctor's prescription) but are still 'controlled substances' nonetheless. The language also makes the distinction between 'user' or 'addicted to'. You do not have to be addicted to pain killers to simply be classified as a 'user'.
My lawyer would have a field day with these clowns. :)
 

tomahawk2406

Well-Known Member
The problem is that the FEDS keep stepping on the states rights. That is WHY we have laws of the states that are independant of the federal government. If you get your gun permits or firearms LEGALLY within state & federal laws THEN later you become a LEGAL MMJ user the Federal Government DOES NOT have the right to take away firearms that were were legally obtained and licensed. The BATF and and DEA have been dragging our U.S. Constitution 2nd Amendment rights through the mud for years now. With the very recent decision of the VHA to allow veterans with PTSD to obtain and use MMJ, I believe you are going to see the curtains start dropping on this whole dog and pony show the government keeps trying to force down our throats. IF you also look at the vague wording of those clauses, they state 'controlled substance'... which also means Oxycotin, Percoset, Valium and a host of other opiates that ARE LEGAL (with a doctor's prescription) but are still 'controlled substances' nonetheless. The language also makes the distinction between 'user' or 'addicted to'. You do not have to be addicted to pain killers to simply be classified as a 'user'.
My lawyer would have a field day with these clowns. :)
yeah that shit is a joke. the holes in that law are like swiss cheese and would never stand up in court. id say buy your gun because YOU CAN, even if you grow legally. i don't think the state or feds will be kicking in your door to take your .22 semi auto marlin from your closet. kinda like jaywalking.
 

iscrog4food

Active Member
I think that most places will sell you a gun either way. I read an article relating to this where a sheriff of some town who also owns the local gun shop refused MMJ users the ability to purchase firearms based on this clause. It seemed like his actions were more the exception then the rule. I have a small med garden and i own several firearms. If you get in trouble for it and your grow is legal you will have a supreme court case for sure. I also asked a few dispensary owners and they all said that gun ownership is legal if you have a grow.
 

MzHerbalistFarmer

Active Member
I recently bought my Raspberry Ruger LCP and husband got his Ruger LCP - we didn't have any problem getting them as MMJ patients registered with the state. Why can't we have protection too?
 

MacGuyver4.2.0

Well-Known Member
I recently bought my Raspberry Ruger LCP and husband got his Ruger LCP - we didn't have any problem getting them as MMJ patients registered with the state. Why can't we have protection too?
That's exactly the point.. the granting of a MMJ license on the state level does NOT take away your 2nd Amendment right to 'keep and bear arms'. My fingers are not cold and dead and the firearms will stay until that changes. ;)
 

Keenly2

Active Member
yeah sorry but my use of a substance they deem illegal does not void out my constitutional rights

ill own a gun if i damn well please
 

kricket53

Active Member
of course marijuana users cant have handguns! reefer madness will make them rape and kill young girls! duh i thought everybody knew this.
 
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