Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 23
  1. #1

    Default Pa Medical Marijuana and Firearms Ownership

    My question involves criminal law for the state of: PA

    I've searched for local attorneys and no one wants to touch this. I understand marijuana is still scheduled and illegal federally. I understand that any firearm purchase require the completion of federal Form 4473. I understand that because my State has legalized marijuana, I must still acknowledge that I am an "unlawful user of marijuana" (under federal law, not state) in Question 11e, of Form 4473.

    If I recind/turn in my PA license to carry firearm (LCTF), am I permitted to keep my firearms secure in my home only?

    I found an article here that indicates that the State has decided it "will no longer provide the names of medical marijuana patients to law enforcement."

    https://www.inquirer.com/philly/busi...-20180112.html

    A bipartisan outcry led by marijuana, gun and privacy advocates spurred state officials to reshape state policy. Patient medical marijuana cards will no longer be scanned and run through the state computer network.

    "In the case that law enforcement needs to verify a patient's participation in the program, they will rely on the patient's medical marijuana ID card," a Health Department spokeswoman said. "While federal law prohibits anyone to purchase a firearm while using medical marijuana, a patient's status in the program will not be verified during the background check process through JNET."

    Can anyone provide any opinions or referrals? Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Pa Medical Marijuana and Firearms Ownership

    It's still a violation of federal law to possess a firearm when you are an unlawful (there is no such thing as a federally lawful) user of marijuana. It has nothing to do with whether you've got a carry permit or not.

  3. #3
    Join Date
    Mar 2013
    Posts
    1,244

    Default Re: Pa Medical Marijuana and Firearms Ownership

    BATF issued an explanatory memo regarding it nine years ago. Although it addressed medical marijuana, the principles behind their interpretation are the same.

    https://www.atf.gov/firearms/docs/op...poses/download

  4. #4
    Join Date
    Mar 2013
    Posts
    17,485

    Default Re: Pa Medical Marijuana and Firearms Ownership

    Quote Quoting Mr.Fix_It
    View Post


    Can anyone provide any opinions or referrals? Thanks.
    Opinion?

    If you want to avoid federal prosecution give up the weed or give up the gun.

    Otherwise you take your chances if you want both.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,128

    Default Re: Pa Medical Marijuana and Firearms Ownership

    The state not routinely providing the information does not mean the federal government cannot get the information if they want it.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Pa Medical Marijuana and Firearms Ownership

    Quote Quoting Mercy&Grace
    View Post
    The state not routinely providing the information does not mean the federal government cannot get the information if they want it.
    It also doesn't mean it's not illegal just because it may be possible to get away with it.

    And as Mercy suggests, stranger things have happened than the feds deciding to cross-reference databases (such as old 4473's with medical marijuana issuances). Of course the problem is that possessing a card itself doesn't prove you are a user any more than possession of a firearm makes you a murderer.

  7. #7

    Default Re: Pa Medical Marijuana and Firearms Ownership

    Quote Quoting Mercy&Grace
    View Post
    The state not routinely providing the information does not mean the federal government cannot get the information if they want it.
    If they want it. How? Are they routinely cross-checking the medical marijuana patient list with any lists of firearm purchases and permit registrations? Sure, the info is available, but they have to have a reason to be looking at it, correct?

    Let me ask this practically - I rescind my LTCF to the County. Obtain proof that the license has been invalidated. I then apply for my medical marijuana card and use marijuana legally. I never again purchase a firearm or apply to carry a firearm, and in effect never come into contact with a Form 4473 again.

    I keep a single firearm I my home for self defense - the firearm remains solely in my home. That's going to be "found out" about? To rephrase, by using medical marijuana, not only would I not be able to purchase, carry, or possess a firearm, but I also have to liquidate or destroy ALL existing firearms that I've inherited over 3 generations?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Pa Medical Marijuana and Firearms Ownership

    The reason is they are looking for people committing felonies. What reason do you think they need?

    It is a federal felony for you to possess a firearm while using marijuana. PERIOD. There's no current weasel room on this. This isn't the "how do I break the law and get away with it forum." We can't advise you to break the law. You should try over on hightimes.com.

  9. #9

    Default Re: Pa Medical Marijuana and Firearms Ownership

    Quote Quoting flyingron
    View Post
    The reason is they are looking for people committing felonies. What reason do you think they need?

    This isn't the "how do I break the law and get away with it forum." We can't advise you to break the law. You should try over on hightimes.com.
    While I appreciate your sarcasm, I am looking for opinions - I'll make my own decision. I also stated in the OP that I'm having a difficult time finding actual lawyers to speak to - all say the laws in that area are changing too rapidly, or that they do not have enough experience with firearms to provide an opinion.

    My purpose for discussion is that the State of PA specifically addressed this issue. I understand federal trumps state law, but I'm curious as to what this change in the law in PA actually does, or protects. The State obviously recognizes it as an issue and specifically rewrote their bill to address it.

    So now without getting into an 10A tangent, why is the Fed going to come in to PA and specifically contradict that? The Fed is actively looking into the 28 states that have legalized medical marijuana to find any past or present individuals who ehave ever had any paperwork tying them to the possession of a firearm?

    And as flyingron points out, simply "showing up" on a medical marijuana database (HIPPA??), how does that prove I'm a "habitual user"?

  10. #10
    Join Date
    Oct 2016
    Posts
    3,561

    Default Re: Pa Medical Marijuana and Firearms Ownership

    Form 4473 and the federal laws it is based on does not say "habitual user". I says...

    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.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Mental Health: Will Being Detailed Under the Baker Act Affect Future Firearms Ownership
    By Mitch Hull in forum Public Health and Welfare
    Replies: 3
    Last Post: 08-13-2017, 11:04 AM
  2. Mental Health: Mental Hospitalization as a Minor and Firearms Ownership
    By sst4556 in forum Public Health and Welfare
    Replies: 2
    Last Post: 11-13-2014, 07:43 PM
  3. Civil Rights Restoration: When Will a Battery Charge Prevent Firearms Ownership
    By Patriot86 in forum Criminal Records
    Replies: 5
    Last Post: 02-02-2013, 05:44 AM
  4. Civil Rights Restoration: Felony Expungement for Firearms Ownership
    By smartdaddy in forum Criminal Records
    Replies: 2
    Last Post: 10-18-2011, 09:00 PM
  5. Expungement and Sealing: Domestic Violence, Firearms Ownership, And Pardons
    By Ridley in forum Criminal Records
    Replies: 1
    Last Post: 05-05-2008, 07:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources