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Gun laws and pot

Discussion in 'Maine Patients' started by TON UP, Mar 22, 2012.

    TON UP

    TON UP Active Member

    So if you get a med card do you need to get rid of your guns?

    ohmy Well-Known Member

    NA just be smart about shjit dude...do not have guns out ..keep locked up and you should never have a problem..Nra loves pot heads to
    Mack Buchanan

    Mack Buchanan Well-Known Member

    depends where u live. I know in OREGON you are good, u can even have a concealed carry permit.
    TON UP

    TON UP Active Member

    Well if you buy a gun and they ask if you have ever taking drugs on the FED background check, won't lying get you a fed charge on something.

    RawBudzski Well-Known Member

    say NO to that question.. Your MMJ is a medical rec? & should not pop up on a background check I thought seeing as it is private.

    tet1953 Well-Known Member

    I agree. Is a guy on a legit script for oxy going to answer yes?
    Maine Brookies

    Maine Brookies Active Member

    The oxy script is recognized by the feds. The cannabis rec isn't. The best answer is that the status of gun rights and medical cannabis is unclear - except, as mentioned above, in Oregon where a patient took the issue to the state Supreme Court and won. Even that small victory could be overturned by a federal decision that goes the other way.

    tet1953 Well-Known Member

    You make a good point, MB. The perspective I was taking is that the issuance of the gun license is a state or local thing, correct? If so, then I believe the laws of the state of Maine should inform your answer. According to Maine law, a certified mmj patient could answer no to the question about "taking drugs", as it pertains to mj... imo of course.

    kountdown Well-Known Member


    Jogro Well-Known Member

    Thank you for posting the definitive answer.

    For whatever reason that link doesn't work properly for me, but here is a decent summary article:

    Personally, I don't like this one bit, but since possession of marijuana is still illegal under Federal law, I don't see how the ATF really has much choice here.

    Being Devil's advocate, being a heroin addict doesn't abrogate your first amendment rights. You still enjoy freedoms of speech, religion, press, etc. Being addicted to amphetamines doesn't remove your fourth amendment right to protection from unreasonable search and seizure. These things don't remove your fifth amendment right against self-incrimination. They don't remove your eighth amendment right against cruel and unusual punishment.

    So I think a pretty good argument could be made that merely being a user of marijuana "should not" remove your right to keep and bear arms. As a side, but still relevant issue, I strongly doubt that anyone can produce good empirical evidence that marijuana users as a whole are significantly more likely to commit violent crimes than non-cannabis users.

    Unfortunately, the US Supreme court has already made multiple rulings suggesting the opposite, that its OK for the Federal govt to bar criminals and drug addicts from owning guns.

    Really, the only way to resolve this conflict is for legalization or decriminalization of cannabis on a Federal level. Until/unless the Federal gov't changes its 1930s mentality towards cannabis, there is always going to be this tension.

    Jogro Well-Known Member

    Here is the specific question on the 4473 form you have to fill out when you buy any gun FROM A DEALER:

    Even if you stipulate that marijuana is not addictive, and that you are therefore not "addicted" to its use, and even if you stipulate that if you're an MMJ patient, you're legally entitled to use MMJ under your particular state's law, you are still prohibited from using it under FEDERAL law.


    So, the quick answer is, if you're adhering to the letter of the law, you can't legally buy a gun if you regularly smoke pot (ie you're a "user").

    Saying you didn't smoke it "that day" or your'e not high at the time of the actual purchase don't change this. If you use the stuff on a regular basis, you're legally considered a "user" and this applies.

    Again, I don't like it. . .see above.

    splitphilly Active Member

    I'm all about biscuits and trees like a keebler elf.
    TON UP

    TON UP Active Member

    So whats worse, having illegel meds or illegel guns?

    whitegato777 Active Member

    do you have more information about that court case? Ive been following it and I can't find anything that shows the results of the court decision.


    whitegato777 Active Member

    I'm curious, what if your a legal card holder but you choose not to smoke or consume, wouldnt they have to prove that you're an actual user? having the card shouldn't justify their rulings. also anabolic steroids are considered a controlled substance under federal law. so if I have a local doctor prescribing me testosterone for a deficiency, then should I also be considered as a illegal guns carrier?
    Maine Brookies

    Maine Brookies Active Member

    Probably. Roid rage is real.

    whitegato777 Active Member

    Actually there is no scientific evidence proving roid rage is rael, but the majority of society does believe that so enough for them to make a case.

    mdanforth Well-Known Member

    roid rage is nothing more than excuse to act like an asshole......

    Kush70 Well-Known Member

    yes it is .. look at chris benoit flipping the fuck out ...im suprised otheres haven't cracked yet

    so by federal law patients have no rights at all

    what a crock of shit...

    mdanforth Well-Known Member

    Chris Benoit was also on uppers, downers and tons of narcotic pain meds.....I spent my whole life as a world class lifter, I know some of those pro wrestlers from my travels and one would be surprised at the shit the take....the only people that used roid rage as a excuse were the ones that were world class assholes to begin with....

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