Jump to content
Spud

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

Recommended Posts

 

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.

 

Has it been confirmed that they are keeping records of/tracking recreational customers?

Share this post


Link to post
Share on other sites

ATF form 4473 Section B Question 21e: .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.

A yes answer to this question makes you a disqualified person.

Share this post


Link to post
Share on other sites
On 4/15/2022 at 5:38 PM, EdF said:

 The question is about addiction to drugs or alcohol.  

Wrong. ATF form 4473 Section B Question 21e: .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.

You can do whatever you like illegally and lie about it on the 4473, I'm sure a lot of people do in this regard. But if caught there are penalties. Felony conviction (making you a disqualified person in itself) punishable by up to 10 years in prison & a $250K fine.

Share this post


Link to post
Share on other sites
35 minutes ago, Harrisonjiga said:

The distinction between recreational and medicinal marijuana is that the law considers you dependent on medicinal medications.

The law makes no distinction between recreational and medicinal marijuana, for federally-regulated activities like buying a firearm, or having a pilot certificate or commercial drivers license.

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, Harrisonjiga said:

The distinction between recreational and medicinal marijuana is that the law considers you dependent on medicinal medications.

I can tell you, it doesn't....I know people with a card, who still buy gun in NJ. 

Share this post


Link to post
Share on other sites
21 hours ago, Mike77 said:

I can tell you, it doesn't....I know people with a card, who still buy gun in NJ. 


would be curious of how the person answers 21e on the 4473…..being a yes or no question if answered yes based on the wording of it I believe it would be a denial….if answered no…I believe it’s lying on a federal form……not a lawyer….

But this topic came to my attention while reading a recent legislative decision to not pass something in  my state’s government that one of them continues to present a bill to try and codify one’s rights to possess a firearm and a medical mj card it keeps getting shot down and the reason being while a card holder can possess by existing state legislation……the reason they gave the purchase of a firearm is a federal process which sees cardholders as not eligible to purchase and the can’t override that….while they can and do allow them to possess it by state law while being a mj card holder

21e. 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

 

while not nj here’s a link to the discussion in a bordering democrap run state https://townsquaredelaware.com/medical-marijuana-guns-veto/

Share this post


Link to post
Share on other sites
2 hours ago, pjd832 said:


would be curious of how the person answers 21e on the 4473…..being a yes or no question if answered yes based on the wording of it I believe it would be a denial….if answered no…I believe it’s lying on a federal form……not a lawyer….

But this topic came to my attention while reading a recent legislative decision to not pass something in  my state’s government that one of them continues to present a bill to try and codify one’s rights to possess a firearm and a medical mj card it keeps getting shot down and the reason being while a card holder can possess by existing state legislation……the reason they gave the purchase of a firearm is a federal process which sees cardholders as not eligible to purchase and the can’t override that….while they can and do allow them to possess it by state law while being a mj card holder

21e. 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

 

while not nj here’s a link to the discussion in a bordering democrap run state https://townsquaredelaware.com/medical-marijuana-guns-veto/

I guess, like the politicians do, the line is up to interpretation. It says are you an unlawful user. Technically, if one has a medical card, you are not unlawful. So you are not lying. The issue is, old forms, old questions, not being re worded for the times. 

Share this post


Link to post
Share on other sites
7 minutes ago, Mike77 said:

Technically, if one has a medical card, you are not unlawful. So you are not lying. The issue is, old forms, old questions, not being re worded for the times. 

The Feds don’t see it that way.  Form 4473 is a Federal form, and they don’t recognize State medical marijuana cards 

The form WAS reworded recently, to explicitly state that. 

  • Agree 3

Share this post


Link to post
Share on other sites
1 hour ago, Mike77 said:

I guess, like the politicians do, the line is up to interpretation. It says are you an unlawful user. Technically, if one has a medical card, you are not unlawful. So you are not lying. The issue is, old forms, old questions, not being re worded for the times. 

Nothing to "interpret". 

It's an illegal schedual 1 substance per federal law. It's a federal form, so the question and answer is clear as day. 

 

1 hour ago, Scorpio64 said:

I wonder if Biden's recent pardoning of federally prosecuted marijuana cases sets a precedent here.

No. Unless you're expecting a pardon for illegal firearm ownership due to cannabis use. Don't hold your breath on that one. 

  • Agree 1

Share this post


Link to post
Share on other sites
1 hour ago, 10X said:

The Feds don’t see it that way.  Form 4473 is a Federal form, and they don’t recognize State medical marijuana cards 

The form WAS reworded recently, to explicitly state that. 

I myself never saw that form. I've seen this one. That question isn't on it. Can't speak for them.

SmartSelect_20221029_110032_Samsung Notes.jpg

Share this post


Link to post
Share on other sites
3 hours ago, Mike77 said:

I myself never saw that form. I've seen this one. That question isn't on it. Can't speak for them.

SmartSelect_20221029_110032_Samsung Notes.jpg
 

That a nj form for your pre permission card  and is not the federal 4473 form which is what you fill out at point of purchase at the gun store it was on the older form as well but the newer version that I posted added even if your state is legalizing…. The purchase of the firearm is federally regulated so they dictate the rules of the final transaction so if you have purchased since at least the 80s/90s you have answered a version of that question

  • Agree 1

Share this post


Link to post
Share on other sites
2 hours ago, pjd832 said:
6 hours ago, Mike77 said:

I myself never saw that form. I've seen this one. That question isn't on it. Can't speak for them.

SmartSelect_20221029_110032_Samsung Notes.jpg
 

That a nj form for your pre permission card  and is not the federal 4473 form which is what you fill out at point of purchase at the gun store it was on the older form as well but the newer version that I posted added even if your state is legalizing…. The purchase of the firearm is federally regulated so they dictate the rules of the final transaction so if you have purchased since at least the 80s/90s you have answered a version of that question

yes....i see that now......it's been awhile. It's not like I buy a gun every month/year to remember that.

  • Agree 1

Share this post


Link to post
Share on other sites
14 hours ago, DellaWebera said:

While I can't speak to the specifics of New Jersey law regarding recreational use of cannabis, note that federal law still considers it a Schedule I drug. This means it's illegal under federal law.

Things are a changing, for sure. 

A district court ruled that just because it's listed, doesn't make a person prohibited. Indicating the Feds could add anything to a list they want and it would simply make firearm ownership illegal. In essence, the judge proclaimed the FEDs need to provide proof why a person should be prohibited beyond a simple arbitrary list. 

To compound his ruling, everyone knows weed doesn't belong on the Schedule 1 list, it's been medically and recreationally legal in too many states at this point for the feds to maintain any reasoning for that. 

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...