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Spud

Cannabis Legal on 4/21/22 - But legal for gun owners?

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Apologies if this has been hashed to death here - I did try searching first.

I know the Medical cannabis issue - weed is still illegal at the Federal level - so when you get your medical card, there is an easy way (when you apply for that next handgun permit) for "the authorities" to figure out who has guns and is using cannabis. What do we think the legal picture will be like for "recreational" use after 4/21/22? It follows that you'll still be doing something illegal from the DEA's perspective - and so (in the Feds' eyes), you can't own a firearm. What does/will NJ law say? How will they track recreational use? Is there a records system in place for tracking said use?

Thoughts? Thanks.

Spud

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Nobody asks you if you do "anything illegal" . . . They about charges and/or convictions.  The same goes for weed.  The question is about addiction to drugs or alcohol.  

This is just my view but since I will not be smoking and I drink very little I'm not too worried about it . . . 

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On 4/16/2022 at 4:39 PM, revenger said:

https://www.newsmax.com/newsfront/nj-police-pot-drugs/2022/04/15/id/1065947/

 

I dont think your going to get too many normal cops using weed,   the ones that will are the ones where the standards have been lowered to attract a certain group.

 

So what happens when a cop is involved in a shooting or accident, does he get tested?

is so what happens if it comes up positive. I could see a headline.

Cop shoots suspect, high from night before.

I for one don't and if we're a cop I definitely wouldn't. Just my opinion.

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from my perspective and work i have to do from time to time. There are times I  have to jump into a company vehicle and drive. If I get into any sort of an mva (it happened in January) I have to get drug tested. So from my perspective that has to drive at times and enjoys the second amendment I can't see it being a good idea to have both. 

I also tore my acl playing street hockey about six years ago and have pain from time to time.

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On 4/15/2022 at 5:42 PM, PK90 said:

USE or addiction to MJ, and precludes one from purchasing, not possessing.

I assume the data bases are shared between agencies.

 

i think his question was whether or not that'd change now that recreational use is allowed here.

 

i think it has to, considering that cops are still apparently allowed to use it off duty.....or it could be the same stuff different day with them getting preferential treatment over everyone else.

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3 hours ago, 1LtCAP said:

i think his question was whether or not that'd change now that recreational use is allowed here.

 

i think it has to, considering that cops are still apparently allowed to use it off duty.....or it could be the same stuff different day with them getting preferential treatment over everyone else.

Federal Law. Nothing will change when buying from a dealer until it changes Federally. MJ has been legal here for awhile. No sale if one uses.

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My Op-Ed from earlier today:

WILL BUYING LEGAL POT GET YOUR GUNS TAKEN AWAY?
MARIJUANA POSSESSION & USE STILL ILLEGAL FEDERALLY!
Op-Ed by Dave "Rosey" Rosenthal, Black Wire Media Editor in-Chief
Thursday April 21, 2022 www.cnjfo.com/join-us
 
As of today, April 21, 2022, recreational marijuana (pot) is legal in New Jersey if purchased from a licensed, regulated & taxed business that sells it to individuals that produce identification such as a driver's license. Let's celebrate, right? NO, not exactly... As 2A advocates have been pointing out to all those with deaf ears, in order buy firearms at a gun store (FFL) legally in this country, you have to first fill-out a BATF&E form #4473 and check-off a box swearing you're NOT a user of pot---even medical exemptions aren't allowed! In fact, you can't even possess ammunition! Gun dealers have been warned to be on the lookout for pot users and to REFUSE TO SELL ANY FIREARM or ammunition to any person that says they are a "user" on the #4473 firearms transfer form!
 
ENTRAPMENT OR BACK DOOR GUN CONTROL, YOU DECIDE!
 
Although Police agencies around the state have been alerted to not arrest "legal users", you still can't grow your own or buy bags of pot on the street because the state doesn't see tax money from the sale & use. Will the Justice Department seek to learn WHO uses legal pot? Will information be SHARED to the BATF&E data base to "provide common sense solutions for gun crime" so as to enable the feds to round-up "high" gun owners in buses for lying on a gun transfer form? Where will all of the CONFISCATED GUNS be stored, and will there be any way for gun owners to ever see or use them again? And WHY is no one else talking about this, eh?
 
Since not even the legitimate use of medical marijuana is allowed federally, does the partner or spouse of a medical MJ user have their gun rights VANISH too? Will "Refer Madness" cause gun safe doors to fly open all on their own and firearms start "just going-off" all by themselves? What about a police academy cadet living at home with a parent needing medical marijuana? Do we disarm her/him because mommy has breast cancer and her medical MJ makes life bearable?
Will the current Anti-Gun administration appoint a Director to BATF&E that is willing to eliminate the cannabis question on the 4473's we fill out at every FFL transfer, and how long do gun owners have to wait for all the pieces of the MJ puzzle to fall into place so every time they touch a firearm or buy a box of shells, they're not committing a FEDERAL CRIME? What are other states that made MJ legal to possess and use currently doing? Does the BATF&E even care? Does ANYBODY care?
 
Unless & UNTIL the federal government makes marijuana "legal", any possession, transfer, ownership, transportation or use of a firearm is ILLEGAL! So why is the New Jersey Attorney General giving every police officer in the state a special "carve-out" to smoke pot off-duty? How do cops buy guns legally when they have to fill out the same #4473 form we all do? So police cadets in training that "light-up" can't own guns, but those that pass the academy training can? LOTS of unintended consequences need answered! Maybe it's time to CHANGE THE FEDERAL LAW?
 
What's your "take" on all of this, we'd like to know?
 
No photo description available.
May be an image of text that says 'Ghost guns are simply firearms not tracked by governments. All guns should be ghost guns. LIBERTARIAN'
No photo description available.
 
  • Agree 1

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I like my pot like I like my guns:  bought off the streets with no government interference.  :icon_lol:

I'm surprised that the idiots in Trenton didn't throw more restrictions on this issue, like banning high capacity smoking devices, limiting purchases to less than 30 joints, etc.

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Interesting case on the subject

UNITED STATES of America v. Remy AUGUSTIN

Quote

    Those of our sister courts of appeals that have considered 18 U.S.C. § 922(g)(3) have concluded, as do we, that one must be an unlawful user at or about the time he or she possessed the firearm and that to be an unlawful user, one needed to have engaged in regular use over a period of time proximate to or contemporaneous with the possession of the firearm.  

And

Quote

There was no evidence that Augustin had ever used drugs prior to the single use on June 28, or that he ever used drugs again.  All the evidence disclosed was that Augustin used drugs on June 28 and possessed a firearm on June 29, roughly six hours later.6 That evidence was insufficient to support his conviction under 18 U.S.C. § 922(g)(3).

 

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5 hours ago, PK90 said:

Federal Law. Nothing will change when buying from a dealer until it changes Federally. MJ has been legal here for awhile. No sale if one uses.

Define “use”

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On 4/17/2022 at 8:41 PM, EX Carnival man said:

Carrying a weapon off duty and stoned. What could go wrong?  LOL. Leave it to NJ to make stoned cops exempt and yet we still can't get a permit to carry but stoned cops are okay.  My God I'm glad I'm out of this state for good soon.  

A bunch of people called into NJ101.5 this morning to complain about this exact same thing! I find this whole marijuana nonsense very upsetting.

  • Agree 1

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On a side note, was during home on Rt17 Rochelle Park, traffic backed up, cop on shoulder, I thought it was a accident. Long and behold it was

Ascend Cannabis dispensary

Been there for a while, never noticed it till Today, line out the door, people smoking outside, Don't know what they we're smoking (you guess). 

My first thought, were these people driving home?

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i personally don't much care one way or another. i don't think a plant should be regulated. but i also know how that plant affects people.

 

 something i think no one realizes is just how many people smoke this stuff. legally or illegally. i've mentioned before that i install breathalizer interlocks. and on those vehicles 2 out of 3 vehicles in install these things in reek of skunkweed.

 i think that whatever the rules/laws regarding this should be the exact same for law enforcement as they are for us.

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"i think that whatever the rules/laws regarding this should be the exact same for law enforcement as they are for us."

Totally Agree - and if that means no cannabis for those of us who want to exercise our 2A rights - so be it. Just means those of us who also have chronic pain (all day, every day) will have to find something "legal" (like opioids) to handle it. Better? Dunno - but that's the way it is.

Spud (OP)

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1 hour ago, Spud said:

"i think that whatever the rules/laws regarding this should be the exact same for law enforcement as they are for us."

Totally Agree - and if that means no cannabis for those of us who want to exercise our 2A rights - so be it. Just means those of us who also have chronic pain (all day, every day) will have to find something "legal" (like opioids) to handle it. Better? Dunno - but that's the way it is.

Spud (OP)

welll...my meaningf was that if we have to choose, then so do the police. we have a choice of weed or 2a. police would have the choice of weed or their job. they can't keep having it both ways.

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1 hour ago, PK90 said:

 

 

Anyone know if there is a more recent document than this that would address the issues of today?  Long story, but i could use documentation like this...

 

 

 

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1 hour ago, eyeinstine said:

 

 

Anyone know if there is a more recent document than this that would address the issues of today?  Long story, but i could use documentation like this...

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.atf.gov/firearms/docs/newsletter/federal-firearms-licensee-ffl-newsletter-june-2021/download&ved=2ahUKEwi6v43z5Kb3AhXHD0QIHagSBgEQFnoECAgQAQ&usg=AOvVaw2muOyGQGct4hYfJoKzlA6a

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The govt is in the process of removing weed from the controlled substances list.  That means that soon it wont be a crime to smoke and or posess and have firearms if they pass it.  NJ will have no say then.

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On 4/15/2022 at 5:42 PM, PK90 said:

USE or addiction to MJ, and precludes one from purchasing, not possessing.

I assume the data bases are shared between agencies.

 

Exactly.  Thank you.  Read your 4473 form folks

11 hours ago, DirtyDigz said:

If you want to use recreationally, want to buy from a dispensary, and are worried about showing up on databases then recruit a straw buyer to buy from the dispensary for you.

Right

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For those upset with the fact that the use or purchase of marijuana makes it illegal to purchase a firearm it has nothing to do with NJ law. It is federal law and if you decide to lie on the 4473 form when purchasing a firearm and get pulled over with pot and guns in your car you may end up in jail. Its not worth doing.

Dennis

Federal and NJ State licensed firearms dealer

 

 

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14 hours ago, DAHL said:

For those upset with the fact that the use or purchase of marijuana makes it illegal to purchase a firearm it has nothing to do with NJ law. It is federal law and if you decide to lie on the 4473 form when purchasing a firearm and get pulled over with pot and guns in your car you may end up in jail. Its not worth doing.

Dennis

Federal and NJ State licensed firearms dealer

 

 

What if my daddy was the POTUS?

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Quote

What if my daddy was the DEMOCRAT POTUS?

 

As the OP,  I'd like to thank the Yank for that incredibly thoughtful and useful post. Never miss an opportunity to divide - and to turn an otherwise civil discussion to sh*t.

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