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by lws380
Tue Feb 11, 2014 5:45 pm
Forum: General Texas CHL Discussion
Topic: No CHL! How to avoid problems?
Replies: 44
Views: 6413

Re: No CHL! How to avoid problems?

Gold3n wrote:. If weed ever gets legalized in TX then I'll probably smoke again (without my weapon around of course). But until then most likely not.
Most likely not does not sound like "I will not". Also, you may want to re-think the, "If weed ever gets legalized in TX then I'll probably smoke again (without my weapon around of course)." Colorado has passed legalization, but you can not get a handgun permit if you use it. Here is a message on the Mesa County Sheriff's Office website. It appears there is conflict between legalization by states vs. federal law.


Medical & Personal Use Amounts of Marijuana: While the Colorado Constitution allows for an affirmative defense for the personal possession of marijuana and/or if the individual possessing marijuana has a valid state registry card or falls under the rules of the Colorado Medical Marijuana registry as a caregiver, possession of marijuana, while legal under Colorado law is still a violation under Federal law. For the purpose of issuing concealed handgun permits, possession of or use of marijuana is still a disqualifying factor. If you possess marijuana in any form, you must answer question #8 (under applicant history) on the CHP application form, in the affirmative
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You are correct in that I do not know you. But my best guess you are still a user of marijuana from your comment, " But until then most likely not." That statement just does not sound that convincing to me. Just like when people go to the doctor and he ask how much alcohol do you consume? Doctors will generally double the number you give them, as most that do drink will give a lower number. And most people are not going to publicly admit to illegal use on a public forum. Any use of marijuana in Texas would be illegal use for now. That use appears that it would even exclude you from buying a gun. ATF form 4473 number 11, question e. asks, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" So I guess if answered truthfully, someone that uses marijuana in Texas is an unlawful user. But of course I'm sure users just lie on the form. Because, if you answer it truthfully, an FFL is not allowed to transfer a gun to you as stated in the 4473. However, certification portion of the form states, "I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under federal law, and may be also a violate State and/or local law."

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