BATFE Declares No Guns for Medical Marijuana Users

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JamesE
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BATFE Declares No Guns for Medical Marijuana Users

Post by JamesE »

BATFE says no sales or possesion of firemarms for medical marijuana licensees;

http://www.atf.gov/press/releases/2011/ ... rposes.pdf
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RoyGBiv
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by RoyGBiv »

Like... Duuuuude... That's sooooooooo HARSH.
I am not a lawyer. This is NOT legal advice.!
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Cobra Medic
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by Cobra Medic »

A state cannot give you permission to violate federal law. Can you imagine how the IRS would react if people didn't pay FIT and FICA because they had a state license exempting them from income tax? :smilelol5:
This will only hurt a little. What comes next, more so.
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2up1down
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by 2up1down »

Careful, next they are coming for all of those "Beer Belly Boys".
Become a Student of the Law we live under and proficient in the protection of yourself: so you may protect your Family, State and way of Live. Awareness is your first defense, avoidance your first tactic. If engagement is forced, Stop when the threat is gone.
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Re: BATFE Declares No Guns for Medical Marijuana Users

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Link doesn't work.
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by apostate »

2up1down wrote:Careful, next they are coming for all of those "Beer Belly Boys".
Is that why they repealed the 21st Amendment? ;-)
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by Pawpaw »

Jumping Frog wrote:Link doesn't work.
Works fine from here.
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by speedsix »

...how about those on uppers and downers...prescribed by their Dr? where do they draw THAT line??? will it go as far as if you're using Preparation H...no guns or ammo because you may be "uptight"?????? No guns because you're acting within the law...(though I don't like the law)...this is one I hope the ACLU DOES get involved with...
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RoyGBiv
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Re: BATFE Declares No Guns for Medical Marijuana Users

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speedsix wrote:...how about those on uppers and downers...prescribed by their Dr? where do they draw THAT line??? will it go as far as if you're using Preparation H...no guns or ammo because you may be "uptight"?????? No guns because you're acting within the law...(though I don't like the law)...this is one I hope the ACLU DOES get involved with...
MJ is ILLIEGAL under current Federal law.
Prescription meds are LEGAL, when used as prescribed.

Intoxication is fairly well defined.
If you're intoxicated using prescription meds (as prescribed), then you should not be carrying, just as you should not be carrying under the influence of alcohol.
Federal law does not recognize MJ as as "prescribable" medication.

Not very difficult, but, a few gray areas.
I don't like it, but, it's not difficult (IMO) to follow the logic.
I am not a lawyer. This is NOT legal advice.!
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by Rex B »

My only fear from an armed MJ user is that they would be too lazy to keep the weapon clean :smilelol5:
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by sharp762 »

RoyGBiv wrote:MJ is ILLIEGAL under current Federal law.
Prescription meds are LEGAL, when used as prescribed.

Intoxication is fairly well defined.
If you're intoxicated using prescription meds (as prescribed), then you should not be carrying, just as you should not be carrying under the influence of alcohol.
Federal law does not recognize MJ as as "prescribable" medication.
What he said... Until pot has that FDA stamp of approval, it'll be illegal in the eyes of federal law. Even if/when it's legalized I imagine that carrying while under heavy influence will come with a harsh punishment, like with any other controlled substance.
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by Dragonfighter »

Rex B wrote:My only fear from an armed MJ user is that they would be too lazy to keep the weapon clean :smilelol5:
Or that they "shotgun" it. :leaving
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RoyGBiv
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by RoyGBiv »

Now that we seem to agree that the Feds can ban you for medical MJ, what about states?

In Oregon, the state Supreme Court decided in May that a medical MJ user CAN also possess an OR concealed carry permit.

**Warning - Some adult language at this link **
http://oregoncommentator.com/2011/05/19 ... arry-a-ok/" onclick="window.open(this.href);return false;

If you agree that a State can issue a CHL to a medical MJ user, but the Feds can ban them, how does a medical MJ user obtain a weapon for CHL?
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by steveincowtown »

speedsix wrote:...how about those on uppers and downers...prescribed by their Dr? where do they draw THAT line??? will it go as far as if you're using Preparation H...no guns or ammo because you may be "uptight"?????? No guns because you're acting within the law...(though I don't like the law)...this is one I hope the ACLU DOES get involved with...
I agree with speed on this one. Also, is seems really strange to me that so many folks the believe the Feds should be limited, automatically point to "because the Feds say so" when it comes to medical Marijuana. Isn't the the restriction of this drug or any other really something that should be decided on the state level anyhow?
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tbrown
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Re: BATFE Declares No Guns for Medical Marijuana Users

Post by tbrown »

To discuss this issue intelligently, it's important to remember this is not a new rule. Users of illegal drugs have been prohibited from purchasing from an FFL as long as I can remember. The ATF letter is not creating new policy or law. It's reminding FFLs of a long standing rule. Federal law also prohibits firearm sales to illegal aliens. That rule applies even in a "sanctuary city" because city rules don't override federal law. If that makes sense to you, then you can see by the same token, state mj laws don't override federal law.
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