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Old 04-11-2013, 08:05 AM   #1
FatChance OP
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Medical Marijuana Side Effect - Shooting Pain?

(I hope we can keep this in the Rockies forum because it is a Colorado issue and we have had threads about Medical Marijuana before. The subject may not allow it to stay here, but I'll try posting it anyhow.)


A local pawn store is refusing to sell firearms to people who hold a Medical Marijuana license based upon directions from ATF agents. Their reasoning is that the Federal Firearms Transaction Record (form 4473) asks if the potential purchaser is "an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug or and other controlled substance". Since possession and use of marijuana, irrespective of a "license", is still a Federal crime. Therefore, someone with a MML will either be rejected because they admit to "unlawful" marijuana use or are perjuring themselves if they say "no". It is a Federal form and pot use is a Federal crime. Simple enough?

FWIW, this shop has the biggest and best selection of firearms in SW Colorado. I also know the local lawyer referenced in the article...


SOURCE.



“Until they change that question, there’s no way,” said Chris Burnett, manager of Rocky Mountain Pawn & Gun, who said the federal form all firearms purchasers are required to fill out effectively prohibits the sale of firearms to medical marijuana card holders.


Rocky Mountain Pawn & Gun is confident about its own cultural identity. Before entering the shop – a palace of weaponry and camouflage gear – customers must pass a sign indicating that hippies should use the back door.

Then, in a glass display case inside the shop, another sign reads, “Federal Law Prohibits the sale of firearms to medical marijuana card holders.”

According to Chris Burnett, the store’s manager, the second sign isn’t a “hippies can’t have guns” joke, but an edict handed down from the Bureau of Alcohol, Tobacco, Firearms and Explosives, a federal agency.

Burnett said the shop put up the sign after an ATF agent called Rocky Mountain Pawn & Gun and said “anyone who has a medical marijuana card will not pass a background check.”

The ATF did not respond to requests for comment.

Nearly 100,000 Coloradoans are licensed to use medical marijuana, which treats a range of ailments, including pain, insomnia, nausea and vomiting, loss of appetite and muscle spasms.

Colorado law is in conflict with federal law, which criminalizes marijuana in all circumstances and by definition applies to the whole country.

Burnett said on the application to own a firearm, which is submitted to the federal government, the applicant is asked whether he or she has ever used illegal drugs, and because marijuana is illegal according to federal law, medical marijuana users must answer “yes” or commit a crime – meaning they are categorically disqualified from gun ownership.

While the gun lobby and the grass lobby are not intuitive political allies, this is the too-rare legal determination that has both in uproar.

“It’s difficult to explain it to people who we have to turn away, because they say, ‘I did this the right way, I got a permit,’ meanwhile, people who are buying it from their neighbors can still go out and by a gun,” Burnett said.

Though Burnett feared the federal government had amassed a database of medical marijuana users, against which the federal government would cross-check firearm applications as it putatively does felony convictions, Mark Sally, spokesman with the Colorado Department of Public Health and Environment, said that was impossible.

Only the state has that list, he said, and like all matters between doctors and patients, it is confidential.

Stuart Prall, a lawyer and marijuana advocate, said Rocky Mountain Pawn’s dilemma was indicative of the confusing state of the law regarding cannabis.

“I don’t think anybody should be denied rights, because people are taking one medicine as opposed to another medicine, and that’s true for parental rights, gun rights, any rights,” he said.

He said the unresolved and increasing contradictions in state law and federal law regarding marijuana meant that “it’s completely confusing to everybody.”

cmcallister@durangoherald.com
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FatChance screwed with this post 04-11-2013 at 08:12 AM
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Old 04-11-2013, 08:16 AM   #2
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Not sure if you are trying to say something or just posting as an FYI?

This is not news, when you fill out the CBI paperwork there is a specific block you have to check stating you are not a drug/Marijuana user, it's just after the convicted felon block.

I heard rumors a while back that the ATF was cross-checking gun permits w/ MMJ Cards and denying/recalling permits based on this.

Seems like the Feds are being consistent w/ their policies.


I also heard that in NY the state is violating HIPA and reviewing medical records for anyone being prescribed anti-anxiety/depression meds and pulling their gun permits. I can see why they are doing it but the process they adopted is wrong.
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Old 04-11-2013, 08:22 AM   #3
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I read that this morning, too.
It's not really new news. I gotta think it was just some 'realization' of our local rag looking for news.
I keep thinking of other things to say, but don't want to get this booted to the basement, either.
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Old 04-11-2013, 08:26 AM   #4
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MML card-carriers should just cancel their cards if they fear cross-checking. It's legal for everyone now
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Old 04-11-2013, 08:34 AM   #5
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Quote:
Originally Posted by Yellow Pig View Post
Not sure if you are trying to say something or just posting as an FYI?
Just a FYI. I live in the sticks and we don't get Denver TV channels down here so I had not seen this in any Colorado media outlet. As Josh implies, if you want to know what happened a couple weeks ago, get today's Durango Herald. Sorry if this is general knowledge for the rest of Colorado residents...

Is this common at firearm stores over there on the Front Range?
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Old 04-11-2013, 08:38 AM   #6
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I can buy mind altering pharmaceutical drugs all day long at my local wally world-no license...but a scary plant..I need one.

For anyone who believes that licenses are a good thing...here ya go.

The feds are desperate for power, their time under the current ways of doing things is short and the states are gaining power and revolting.


See the above exhibit.

As to the question at hand, welcome to federal control of a purely state function. No worries as the CBI will bloat triple in size, and probably more as they have a blank check from the legislature for "background" check fees for private sales as well. There is more to it....but if you don't think either party-and this time around the Denver Dems, is keen on expanding power at an astronomical rate, think again.

Don't worry though-big government and big Pharma are protected quite nicely as they have been since the beginning.

Where are we going? Police confiscation of your guns if you take...wait for it....anti-anxiety medicine.

http://www.13wham.com/news/local/sto...D2O1KaoCQ.cspx
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Old 04-11-2013, 08:39 AM   #7
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Originally Posted by Wudscrasher View Post
MML card-carriers should just cancel their cards if they fear cross-checking. It's legal for everyone now
They will stay on the registry forever. People have already tried to unregister. Kind of like un-registering for a gold star-eh?
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Old 04-11-2013, 08:40 AM   #8
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Quote:
Originally Posted by Yellow Pig View Post
Not sure if you are trying to say something or just posting as an FYI?

This is not news, when you fill out the CBI paperwork there is a specific block you have to check stating you are not a drug/Marijuana user, it's just after the convicted felon block.

I heard rumors a while back that the ATF was cross-checking gun permits w/ MMJ Cards and denying/recalling permits based on this.

Seems like the Feds are being consistent w/ their policies.


I also heard that in NY the state is violating HIPA and reviewing medical records for anyone being prescribed anti-anxiety/depression meds and pulling their gun permits. I can see why they are doing it but the process they adopted is wrong.
I assume you are referring to a Concealed Carry permit, as there is no such thing as a "Gun Permit." In which case aren't CC permits granted by the state, not the fed? Unless you are talking about NFA items, in which case I can see how that would happen.
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Old 04-11-2013, 08:41 AM   #9
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Quote:
Originally Posted by Yellow Pig View Post

I also heard that in NY the state is violating HIPA and reviewing medical records for anyone being prescribed anti-anxiety/depression meds and pulling their gun permits. I can see why they are doing it but the process they adopted is wrong.
Here is why. A powerful state hates armed citizens and will use the scared masses as a tool to disarm everyone else. See "drugged gun owners". Look on the bright side, we will all be so much happier when we can just stay in our homes in pure harmony with the government.
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Old 04-11-2013, 08:41 AM   #10
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Quote:
Originally Posted by VxZeroKnots View Post
I assume you are referring to a Concealed Carry permit, as there is no such thing as a "Gun Permit." In which case aren't CC permits granted by the state, not the fed? Unless you are talking about NFA items, in which case I can see how that would happen.
New York has imposed a permitting system on their citizens as have many other states. I am sure if the dems stay in another term, they will try as well.
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Old 04-11-2013, 08:43 AM   #11
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Quote:
Originally Posted by MeterPig View Post
New York has imposed a permitting system on their citizens as have many other states. I am sure if the dems stay in another term, they will try as well.
Sorry for the confusion, I was referring solely to the statement regarding the BATF. I realize New York can do as they please with their state granted permits.
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Old 04-11-2013, 09:01 AM   #12
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I don't think this business owner got the news.

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Old 04-11-2013, 09:36 AM   #13
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First of all, Apologies to FatChance if my comments result in a thread boot to the basement

Quote:
Originally Posted by MeterPig View Post
New York has imposed a permitting system on their citizens as have many other states. I am sure if the dems stay in another term, they will try as well.
Setting the partisan sniping of your comments aside for the moment I ask: Why is permitting firearms (and concomitant background checks) a bad idea? You need an endorsement on your drivers license to legally ride a motorsickle. You need a license to fish. So why not require a license for owning a firearm?

Look - I have no problem with the legal, responsible ownership and use of firearms. But the whole "Gubmint is gonna tek our gunns" schtick is getting stale. I just don't buy the slippery slope argument that permitting and registration is the first step to confiscation, which seems to me to be the only cogent, albeit logically flawed, argument against permitting.

OK now to the MMJ part: Federal law still supersedes state law, so I guess if you want to have your "legal" weed and buy a shiny new toy at the friendly neighborhood FFL dealer, then you're screwed, if you want to stay in good standing of the law. Or you can choose otherwise. Or, just choose one or the other

Personally I would rather be in room full of inmates with blunts in their hands than a room of YFFs with guns. But that's just me


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I don't think this business owner got the news.


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Old 04-11-2013, 09:52 AM   #14
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what's a blunt?


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Old 04-11-2013, 10:01 AM   #15
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what's a blunt?

It's a pharmaceutical delivery device, first originating from Phillidelphia PA area, IIRC.
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