Is it legal to have a medical marijuana prescription and purchase a firearm? No.
Look at the BATFE's 4473 form, called the Yellow Sheet, which you must fill out when purchasing a firearm through a dealer.
http://www.thundertek.net/documents/4473.pdf
Look at question 12 e. It asks a purchaser: “Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”
Remember, this is a federal form, so it’s asking if the purchaser is a user to a (federally deemed) unlawful substance. Federal law still considers the use marijuana illegal. So, a legal Colorado user of marijuana could not answer 12 e. with a “No”. And if you answer “Yes”, you can’t buy a firearm from a dealer.
Also, the 1968 Gun Control Act says (TITLE 18 > PART I > CHAPTER 44 > § 922) click here for a link:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(3) 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));
Can someone who has a medical marijuana prescription possess a firearm? No.
18 U.S.C. § 922 (g)(3) and 21 U.S.C. § 802 both prohibit anyone who is a user or is addicted to any controlled substance, including marijuana, from possessing, owning, purchasing, receiving, or having within his custody any firearms.
Can someone who has a medical marijuana prescription get a concealed handgun permit? No.
From Colorado Revised Statutes, 18-12-203
Criteria for obtaining a permit
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
So, on every CCW application, you'll see this question:
"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
So, unless federal law is changed, application for a permit usually is denied, since federal law still considers the use of marijuana unlawful
I dont see how they can cross refernce this seeing as how your medical records are for the eyes of your docotor and You
yeah? how does hipaa play into this?
Not in the eyes of the fedsEdit--
Infact is there no difference between a lawful and unlawful user of cannabis? Would Medical not be lawful?
yeah that shit is a joke. the holes in that law are like swiss cheese and would never stand up in court. id say buy your gun because YOU CAN, even if you grow legally. i don't think the state or feds will be kicking in your door to take your .22 semi auto marlin from your closet. kinda like jaywalking.The problem is that the FEDS keep stepping on the states rights. That is WHY we have laws of the states that are independant of the federal government. If you get your gun permits or firearms LEGALLY within state & federal laws THEN later you become a LEGAL MMJ user the Federal Government DOES NOT have the right to take away firearms that were were legally obtained and licensed. The BATF and and DEA have been dragging our U.S. Constitution 2nd Amendment rights through the mud for years now. With the very recent decision of the VHA to allow veterans with PTSD to obtain and use MMJ, I believe you are going to see the curtains start dropping on this whole dog and pony show the government keeps trying to force down our throats. IF you also look at the vague wording of those clauses, they state 'controlled substance'... which also means Oxycotin, Percoset, Valium and a host of other opiates that ARE LEGAL (with a doctor's prescription) but are still 'controlled substances' nonetheless. The language also makes the distinction between 'user' or 'addicted to'. You do not have to be addicted to pain killers to simply be classified as a 'user'.
My lawyer would have a field day with these clowns.
That's exactly the point.. the granting of a MMJ license on the state level does NOT take away your 2nd Amendment right to 'keep and bear arms'. My fingers are not cold and dead and the firearms will stay until that changes.I recently bought my Raspberry Ruger LCP and husband got his Ruger LCP - we didn't have any problem getting them as MMJ patients registered with the state. Why can't we have protection too?
HAHA! I love it! Give thanks!!That's exactly the point.. the granting of a MMJ license on the state level does NOT take away your 2nd Amendment right to 'keep and bear arms'. My fingers are not cold and dead and the firearms will stay until that changes.