Denied Gun Purchase

[sonnyb80]

A friend in Northern Cali was recently denied a handgun purchase due to " Drugs , addicted to narcotics." He informed me he has no drug charges or convictions ever. He already is a gun owner of a few rifles, but this was his first handgun purchase.

I asked him if anything changed in his life within his last rifle purchase? He said he was issued a Marijuana prescription due to a sleep disorder. I told him that California law is legal for medical marijuana but under federal law it's a controlled substance. I'm thinking that's why he was denied.

A question was asked to me about how to restore his gun purchase rights? What steps needed to expunge this? I told him that I think he needs to be careful and now he's been labeled a person "addicted to narcotics" , that he might run into issues with possession of firearms now.

Wondering some opinions or direction I can lead him to ?

[russ69]

He's on the weed, no gun for you.

[enegue]

And how would they know about his RX? It's most likely something else.

[TripleThreat]

This deserves a LOL.

Triple

[bigbearbear]

Might be clerical mistake, did he use his SSN when doing the DROS?

[sonnyb80]

I'm baffled myself with advise to give him. He no longer has the Medical Card or RX. And yes he did give his SSN.

[Merc1138]

Might be clerical mistake, did he use his SSN when doing the DROS?

This was just brought up not too long ago.

Bunk. The only thing it narrows is the mind. This has been discussed many times here on Calguns, and has been backed-up by several FFLs:

There are NO circumstances or ability to provide your social security number on the DROS form which is what the CA DOJ utilizes. Nada, no-how, nothing. You are mistaking the federal 4473 with the DROS application, and the two are mutually exclusive of each other.

Putting your SS on the 4473 is about as useful as if you also put your Mother's maiden name on the 4473 - along with your blood type and preference for 36 Double-Ds - on purpose. It's not conveyed to the State of CA DOJ at all, and appears on the 4473 form only; it is never delivered nor provided to the State of CA during the CA DROS process, the dealer does not provide it even in a delayed/denial situation; and if there IS a delay/denial situation, the DOJ/BOF can then merely ask you for it to cross-reference.

There is NO need whatsoever for the average gun-buyer to include their social-security number of the 4473. It does NOTHING to assist, approve, or vet your DROS process easier or faster by any degree, nor does it help in avoiding a denial/delay by the State of CA.

This has been discussed numerous times on Calguns before, and confirmed.

[TeddyBallgame]

how did he answer question "e" on the Form 4473?
maybe he thought it was ok to answer 'yes' since he had a prescription


with HIPPA laws i doubt the DOJ would have that type of access to your buddies RX or the MJ card

[RickD427]

how did he answer question "e" on the Form 4473?
maybe he thought it was ok to answer 'yes' since he had a prescription


with HIPPA laws i doubt the DOJ would have that type of access to your buddies RX or the MJ card

Teddy,

HIPAA doesn't make your medical information confidential. What it does is to require medical service providers and insurance companies to adhere to certain record handling procedures, and it provides some significant penalties for medical service providers who compromise your patient info.

However, once your medical information is in the hands of someone (like the DOJ) who is outside the scope of HIPAA, then there is no protection.

[anonymous308]

Teddy,

HIPAA doesn't make your medical information confidential. What it does is to require medical service providers and insurance companies to adhere to certain record handling procedures, and it provides some significant penalties for medical service providers who compromise your patient info.

However, once your medical information is in the hands of someone (like the DOJ) who is outside the scope of HIPAA, then there is no protection.

Correct

[gl0ckc0ma]

HIPAA does make your records confidential, and penalizes for breeches of that confedentiality. Law enforcement does not get any special access to your records because they're law enforcement. They would be denied access to your records without a subpoena or your signature on a filled out HIPAA compliant authorization form, however this depends on the person validating the request and handles the releasing of information of said medical facility, and if a breech occurred the facility can be fined up to 25,000 and employee 2500, you can also litigate for damages or losses.

[TRICKSTER]

Since when did doctors write prescriptions for Marijuana?
I know that you can get a recommendation, but I do not believe that doctors will write a prescription as it is still illegal under Federal law. Has something changed?

[TeddyBallgame]

Teddy,

HIPAA doesn't make your medical information confidential. What it does is to require medical service providers and insurance companies to adhere to certain record handling procedures, and it provides some significant penalties for medical service providers who compromise your patient info.

However, once your medical information is in the hands of someone (like the DOJ) who is outside the scope of HIPAA, then there is no protection.

ok, even if that is true it still leads into why DOJ would suddenly be requesting this guys medical records, that doesn't seem like the norm, unless there was some other type of red flag to warrant further investigating

sh** if they ever get a look at my medical records they'll wonder if im even still alive

[Merc1138]

Since when did doctors write prescriptions for Marijuana?
I know that you can get a recommendation, but I do not believe that doctors will write a prescription as it is still illegal under Federal law. Has something changed?

No, but a lot of people including those who have the cards, seem to have zero understanding of the laws around them(federal or state).

[TeddyBallgame]

Since when did doctors write prescriptions for Marijuana?
I know that you can get a recommendation, but I do not believe that doctors will write a prescription as it is still illegal under Federal law. Has something changed?

Marinol is a form of cannibis that is prescribed by doctors...that's the only one im aware of

ask me how i know