Medical Marajuana and firearm purchase

[apes]

I was wondering if there is any cross referencing that occures between the Calif database that keeps track of who has a legal Medical Marajuana Card and the DOJ during the 10 day period when the when the FFL holder is doing a bckground check on someone buying a legal firearm. Does it prevent one from buying a firearm?

[PolishMike]

No there is no cross referencing but if you use it you are breaking laws and lying on the form.

[Subotai]

Can you say felony?

[JNunez23]

You're fine. But don't be dumb about it. Don't bring that **** to the range.

[POLICESTATE]

There may not be any cross referencing now but there could easily be at some point in the future. Be advised that most transactions one does these days goes into some sort of database, either at the merchant or elsewhere.

DROS purchases of course go into the FFL's book but the record of a sale also goes to the DOJ, though it won't detail exactly what you are getting they will know you are buying gun(s). It would be an easy thing, once laws and other necessary mechanisms are in place to cross reference DROS records with records of people with Medical MJ cards.

I could see at some point where the feds would be able to cross reference these and use them to get search warrants if they so chose.

Does this exist now? No. But the Patriot Act didn't exist at one point either and among other things it tied a lot of information together.

My advice: guns and drugs don't mix. What if you had to defend yourself using deadly force and afterwards had to submit to a drug test? Even if you didn't have to submit to one, say you bled during the attack and that blood was collected and analyzed by the forensics team if there was one?

You are far from fine, you are at risk when you mix guns and drugs. That is the truth.

[JNunez23]

My advice: guns and drugs don't mix. What if you had to defend yourself using deadly force and afterwards had to submit to a drug test? Even if you didn't have to submit to one, say you bled during the attack and that blood was collected and analyzed by the forensics team if there was one?

You are far from fine, you are at risk when you mix guns and drugs. That is the truth.

Well said. Because that toxicity test WILL come if you ever have to defend yourself w/ your firearm.

Then they find out you were "high", then what.....??

[chickenfried]

maybe you got a medical marijuana card as a novelty item? Possessing a HSC isn't proof you own or have fired a handgun.

[fiddletown]

I was wondering if there is any cross referencing that occures between the Calif database that keeps track of who has a legal Medical Marajuana Card and the DOJ during the 10 day period when the when the FFL holder is doing a bckground check on someone buying a legal firearm....

If you both have a medical marijuana card and use marijuana, you're talking about whether or not you can get away with violating federal law -- not whether you'd be legal. If you use marijuana, even under a state medical marijuana program, there is no way you may legally under federal law possess a gun (or buy a gun from a dealer).

Under federal law, marijuana is a Schedule I controlled substance and may not be lawfully (under federal law) prescribed. So a person who may lawfully under state law be using marijuana under a state medical marijuana law is still an unlawful user under federal law and therefore a prohibited person under 18 USC 922(g)(3). So --

[1] If one uses marijuana and has possession of a gun, he has committed a felony under federal law.

[2] If he has filled out a 4473 to purchase a gun and denied being an unlawful user of a controlled substance, he has violated 18 USC 922(a)(6) by making a false statement on the 4473.

[3] Someone with a medical marijuana card and who uses mariuana uses a gun to defend himself, he may be able to successfully show justification for his use of lethal force and thus stay out of state prison. However, it will most likely easily become apparent that he has committed at least one federal felony (being a prohibited person in possession of a gun) and so may well wind up in federal prison.

[the86d]

I don't know any Medicinal Card Carrying Members that should posses firearms. Maybe I just know loosers.

Trade one for the other, I say... Not both. You can't have the best of both worlds (legally).

[Baconator]

Funny how selective we are about when "God given rights" are ok to be violated depending on our views on things.

[TROYSD]

how about a med marijuana card and a ccw.

[Squid]

this is why I tell anyone NOT to get a CA "card"...PAPER TRAIL!!!

guess what? you get picked up with a baggie, it stops there.

HOWEVER, you are 'on file' at "the club" and with some 'doctor' etc, etc THAT PROVES a 'conspiracy'(more than just you) which can turn that little baggie in major Fed Felony Drug bust anytime they feel like it.

No, it ain't happened yet, but just you wait.

You you think that "club" owner ain't gonna turn over all records, including CCTV, etc when he is looking at 25-life?

[fiddletown]

Funny how selective we are about when "God given rights" are ok to be violated depending on our views on things.

That's not the issue. The law is what it is. It can be changed. If you think it should, perhaps you should work on that.

how about a med marijuana card and a ccw.

If you use marijuana, with or without a medical marijuana card, you would violate federal law by possessing a gun. Seems to me that would make having a LTC pretty pointless.

[dunndeal]

You're fine. But don't be dumb about it. Don't bring that **** to the range.

I suggest you look at question 11E on ATF Form 4473, you'll be in for a surprise.

[BretByron]

http://www.702shooter.com/community-awareness/batfe-guns-medical-marijuana-patients/