BATFE Declares No Guns for Medical Marijuana Users

As the name indicates, this is the place for gun-related political discussions. It is not open to other political topics.

Moderators: carlson1, Charles L. Cotton


Topic author
JamesE
Junior Member
Posts in topic: 1
Posts: 2
Joined: Thu Aug 04, 2011 7:50 am

BATFE Declares No Guns for Medical Marijuana Users

#1

Post by JamesE »

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

http://www.atf.gov/press/releases/2011/ ... rposes.pdf
User avatar

RoyGBiv
Senior Member
Posts in topic: 4
Posts: 9551
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: BATFE Declares No Guns for Medical Marijuana Users

#2

Post by RoyGBiv »

Like... Duuuuude... That's sooooooooo HARSH.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
User avatar

Cobra Medic
Senior Member
Posts in topic: 1
Posts: 415
Joined: Wed Jun 09, 2010 6:53 pm

Re: BATFE Declares No Guns for Medical Marijuana Users

#3

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.
User avatar

2up1down
Member
Posts in topic: 1
Posts: 161
Joined: Thu Jun 03, 2010 5:47 pm

Re: BATFE Declares No Guns for Medical Marijuana Users

#4

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.
User avatar

Jumping Frog
Senior Member
Posts in topic: 3
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: BATFE Declares No Guns for Medical Marijuana Users

#5

Post by Jumping Frog »

Link doesn't work.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

apostate
Senior Member
Posts in topic: 1
Posts: 2336
Joined: Sun Oct 14, 2007 10:01 am

Re: BATFE Declares No Guns for Medical Marijuana Users

#6

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? ;-)
User avatar

Pawpaw
Senior Member
Posts in topic: 1
Posts: 6745
Joined: Sat Jun 19, 2010 11:16 am
Location: Hunt County

Re: BATFE Declares No Guns for Medical Marijuana Users

#7

Post by Pawpaw »

Jumping Frog wrote:Link doesn't work.
Works fine from here.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

speedsix
Senior Member
Posts in topic: 6
Posts: 5608
Joined: Tue Jan 18, 2011 8:39 am

Re: BATFE Declares No Guns for Medical Marijuana Users

#8

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...
User avatar

RoyGBiv
Senior Member
Posts in topic: 4
Posts: 9551
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: BATFE Declares No Guns for Medical Marijuana Users

#9

Post by RoyGBiv »

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.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

Rex B
Senior Member
Posts in topic: 1
Posts: 3615
Joined: Thu Jul 06, 2006 3:30 pm
Location: DFW

Re: BATFE Declares No Guns for Medical Marijuana Users

#10

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:
-----------
“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch

sharp762
Junior Member
Posts in topic: 1
Posts: 14
Joined: Fri Aug 12, 2011 7:25 pm

Re: BATFE Declares No Guns for Medical Marijuana Users

#11

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.
User avatar

Dragonfighter
Senior Member
Posts in topic: 1
Posts: 2315
Joined: Tue Sep 04, 2007 2:02 pm
Contact:

Re: BATFE Declares No Guns for Medical Marijuana Users

#12

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
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
User avatar

RoyGBiv
Senior Member
Posts in topic: 4
Posts: 9551
Joined: Wed Jan 05, 2011 11:41 am
Location: Fort Worth

Re: BATFE Declares No Guns for Medical Marijuana Users

#13

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

steveincowtown
Banned
Posts in topic: 1
Posts: 1374
Joined: Wed Aug 04, 2010 1:58 pm

Re: BATFE Declares No Guns for Medical Marijuana Users

#14

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?
The Time is Now...
NRA Lifetime Member
User avatar

tbrown
Senior Member
Posts in topic: 1
Posts: 1685
Joined: Thu Mar 17, 2011 4:47 pm

Re: BATFE Declares No Guns for Medical Marijuana Users

#15

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.
sent to you from my safe space in the hill country
Post Reply

Return to “Gun and/or Self-Defense Related Political Issues”