Hi, new to the forum here. I'm just curious if you can be charged for having been in possession of marijuana and a firearm in the past. I ask because I recently admitted myself to a clinic for anxiety/thought disorder brought upon by marijuana and am worried I'm in some sort of database now. And I do possess a permit to carry in the state of Minn. so if I'm ever asked by law enforcement why I admitted myself to a clinic(if I'm in any database) I would have to explain there was MJ use.
Past Marijuana and Firearm Possession
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08-29-2018, 02:28 PMmartyypPast Marijuana and Firearm Possession
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08-29-2018, 02:37 PMpg1067Re: Past Marijuana and Firearm PossessionOf course. Every criminal charge ever filed has been based on things that happened in the past (unless some crazy person at some point in history tried filing criminal charges based on things that hadn't yet happened).Quote:
Quoting martyyp
Ummm...ok. I imagine paranoia is a not an atypical symptom of drug addiction. Of course, most adult Americans are probably in a number of databases, so I'm not entirely sure what exactly you're concerned about.Quote:
Quoting martyyp
Since this is nothing but a hypothetical concern, I'll simply remind you that you have the right to remain silent when being questioned by law enforcement. By the way, unless you have the intention of committing crimes in the future, why would you expect to be questioned by law enforcement?Quote:
Quoting martyyp
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08-29-2018, 02:51 PMPayrolGuyRe: Past Marijuana and Firearm PossessionI think he answered that one when he asked if he was added to some database when he checked into rehab. One would assume that he thinks such a database is accessable by law any law enforcement officer he might come in contact with.Quote:
Quoting pg1067
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08-29-2018, 03:00 PMPayrolGuyRe: Past Marijuana and Firearm Possession
First there is no database that is accessible to law enforcement of people who voluntarily go to rehab. You may remember (or may not because you were stoned) reading HIPAA Rights notifications when you checked in. That federal law would make such a database illegal.
Second, unless the gunshop where you purchased your gun has closed the ATF does NOT have you in a database of gun owners. The 4473 is sitting in the files of the dealer that sold you the gun.
Finally, lots of people do drugs and own guns and never have the guns anywhere near the drugs. -
08-29-2018, 03:16 PMmartyypRe: Past Marijuana and Firearm Possession*Facepalm*, now I remember them, thanks.Quote:
Quoting PayrolGuy
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08-29-2018, 09:23 PMTaxing MattersRe: Past Marijuana and Firearm PossessionWell, technically that's not correct. Nothing in HIPAA says that law enforcement cannot maintain a database of people who go to drug rehab. What HIPAA does is restrict covered entities from making disclosures of personal health information (PHI) to others without consent except in certain limited circumstances. What HIPAA does is make it harder for law enforcement to construct the database by creating a barrier to getting the information from health providers, but does not make having the database itself illegal.Quote:
Quoting PayrolGuy
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08-30-2018, 06:08 AMPayrolGuyRe: Past Marijuana and Firearm Possession
I'm trying to relieve the OP of his paranoia. You might want to now tell the OP if you know of any such database and how one would be developed that local LE would have access to.
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08-30-2018, 06:34 AMMr. KnowitallRe: Past Marijuana and Firearm Possession
Going to rehab for marijuana use is not going to get you charged with possession. Admitting in rehab that you have previously illegally possessed or used marijuana or other street drugs is not going to get you charged with possession. Unless this is a psychiatric facility, and most 'rehabs' are not, then you would not have a record of inpatient psychiatric treatment.
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08-30-2018, 01:07 PMTaxing MattersRe: Past Marijuana and Firearm PossessionI know of no law enforcement agency that maintains such a database and think it unlikely that any agency does for the simple reasons that (1) it would cost money to do it, (2) getting the information for such a database would be difficult and (3) it would serve no useful purpose since it is not a crime to go to rehab nor would knowing who went to rehab be useful in tracking down criminals.Quote:
Quoting PayrolGuy
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08-30-2018, 03:13 PML-1Re: Past Marijuana and Firearm Possession
I think the OP may be concerned with two areas of law.
Federal law prohibits selling forearms to, and most state laws prohibit the possession of firearms by persons adjudicated as a mental defective or who have been committed to any mental institution. If OP's stay at a mental facility was voluntary, it would appear he does not fit that criteria.
OTOH, 18 U.S.C. § 922(g)(3) prohibits the possession of firearms a person who 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)). Marijuana is still illegal under Federal law and in a 2011 open letter to firearms dealers, BATF opined that even users of marijuana in states where doing so is lawful, were prohibited from possessing firearms. https://www.atf.gov/file/60211/download
I suspect OP may be prohibiting from possessing firearms under this law. The only database I can think of that his name would be in is a Medical Marijuana Users card, if his state maintains one and if he has such a card. Such a database is usually public record so cards can be verified when presented.