Can a New Jersey medical marijuana patient get a firearms license?

[david8613 69]

Can a New Jersey medical marijuana patient get a firearms license? I have a friend who just got back from vacation and she went to gun range out there while on her vacation, she loved it and now she wants to excercise her rights, but she is a medical marijuana patient. She knows that I have a firearms license and she asked me about the process. I have successfully helped many friends to get licensed showing them step by step on how to go about it. But in this situation I have no clue. I'm thinking in new Jersey it's a no go. What do you say?

[45Doll 5,874]

It has nothing to do with New Jersey. The Federal ATF form 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."

So your friend is SOL. If she answers No on the 4473 she commits a felony.

[david8613 69]

Thank you for sharing that, solid answer to my question, Thats why I appreciate this site so much. I will relay the answer to her. 

[45Doll 5,874]

You're welcome. Sorry it's not the answer she'd prefer.

I was thinking about this later and developed my own question:

Once you've been a federally termed 'unlawful user' must you always and forever answer Yes, even if your medical MJ use terminates? (Prescription/card expires, is not renewed, and you don't use it anymore.)

Or is it considered the same as having a criminal conviction on your record?

I haven't heard of any relevant ruling or court cases.

[raz-0 1,259]

14 minutes ago, 45Doll said:

You're welcome. Sorry it's not the answer she'd prefer.

I was thinking about this later and developed my own question:

Once you've been a federally termed 'unlawful user' must you always and forever answer Yes, even if your medical MJ use terminates? (Prescription/card expires, is not renewed, and you don't use it anymore.)

Or is it considered the same as having a criminal conviction on your record?

I haven't heard of any relevant ruling or court cases.

The answer is no. If you aren't using, the BATFE doesn't consider you an unlawful user of or addicted to. I could have sworn there used to be clarifying text on this in the notices and instructions for people in recovery who consider themselves addicts. But it appears to not be there anymore. 

[Smokin .50 1,907]

17 hours ago, david8613 said:

Can a New Jersey medical marijuana patient get a firearms license? I have a friend who just got back from vacation and she went to gun range out there while on her vacation, she loved it and now she wants to excercise her rights, but she is a medical marijuana patient. She knows that I have a firearms license and she asked me about the process. I have successfully helped many friends to get licensed showing them step by step on how to go about it. But in this situation I have no clue. I'm thinking in new Jersey it's a no go. What do you say?

Your question has already been answered by very knowledgeable folks, so I'll just add the short answer I give folks when asked this question:

You can either BANG or BONG, but NOT both!  

[45Doll 5,874]

34 minutes ago, Smokin .50 said:

You can either BANG or BONG, but NOT both!  

T. Rex, right?

"Get it on, bang or bong, get it on..."

[Zeke 5,504]

3 minutes ago, 45Doll said:

T. Rex, right?

"Get it on, bang or bong, get it on..."

 

[Mrs. Peel 7,157]

I'm dating myself here... but I remember that "album" well... The Slider!

[JackDaWack 2,895]

19 hours ago, 45Doll said:

It has nothing to do with New Jersey. The Federal ATF form 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."

So your friend is SOL. If she answers No on the 4473 she commits a felony.

Honestly, people get caught lying on that form all the time and they never do shit about it. 

I'm surprised no one has sued since "disabled' people are legally protected.

 

[45Doll 5,874]

21 minutes ago, JackDaWack said:

Honestly, people get caught lying on that form all the time and they never do shit about it. 

I'm surprised no one has sued since "disabled' people are legally protected.

 

That's certainly true at the Federal level. What, was there something like 42 prosecutions last year for straw purchases or lying on the form? Out of how many denials?

I don't know about NJ. But in PA the State Police ACTIVELY prosecute anyone who lies on an application. When I applied for my LTCF I had to sign a specific letter acknowledging that I WOULD be prosecuted if I made any false statements on the application. That was the county Sheriff's domain, but the PASP are equally harsh.

[JackDaWack 2,895]

I think NJ would be similar if you lied on one of theirs. 

[dilbert1967 145]

3 hours ago, Mrs. Peel said:

I'm dating myself here... but I remember that "album" well... The Slider!

I'm really dating myself:  I have the album and 8 track cartridge!

[JohnnyB 4,322]

22 hours ago, 45Doll said:

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

That question "Are you" is present tense!  If you gave up your medical card and stopped using, I see absolutely no reason to answer "Yes" to that question.  You would in fact be GTG!  It does NOT say "Are you now or have you ever been"!

[YankeeSC 1,204]

On 10/30/2019 at 8:42 PM, david8613 said:

Can a New Jersey medical marijuana patient get a firearms license? ... I have successfully helped many friends to get licensed showing them step by step on how to go about it...

What NJ "license" are you referring to?

On 10/31/2019 at 1:52 PM, Smokin .50 said:

Your question has already been answered by very knowledgeable folks, so I'll just add the short answer I give folks when asked this question:

You can either BANG or BONG, but NOT both!  

This is precisely the trap our liberal friends want ... yes go ahead and legalize marijuana in the state ... oh wait now you can't own a firearm.

[raz-0 1,259]

On 10/31/2019 at 4:12 PM, JackDaWack said:

Honestly, people get caught lying on that form all the time and they never do shit about it. 

I'm surprised no one has sued since "disabled' people are legally protected.

 

They have. There was a lawsuit regarding a blind man who had his guns confiscated after injuring himself in NJ. He got them back.