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  • kalikool
    Junior Member
    • Oct 2005
    • 86

    medical marijuana card question

    a friend of mine is considering getting a medical marijuana card for himself. he was wondering if having a med marijuana prescription would prevent him from buying any more guns. i'ts been a while since i bought my last firearm and i dont remember what questions are asked on the background check or on any of the forms regarding medical prescriptions. i searched and couldnt find a thread regarding this. he just doesnt want to get it and then find out that would prevent him from buying anymore firearms. thanks for any info you all might have.
  • #2
    CHS
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Jan 2008
    • 11338

    Federally, he is barred from actively using Marijuana and purchasing firearms at the same time.

    Also, Federally it's illegal to possess Marijuana and firearms at the same time.

    Just having the recommendation in and of itself along with guns is not an admission of guilt or actually against the law.

    While I am very much against the drug war and want to see drugs like marijuana de-criminalized, legalized, controlled and taxed for the betterment of the country, at this time it is VERY ill-advised to be an active medical marijuana user and firearm owner at the same time.

    I would pick one or the other and stick with it.
    Please read the Calguns Wiki
    Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
    --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

    Comment

    • #3
      383green
      Veteran Member
      • Jan 2006
      • 4328

      There have been a number of threads on guns + MJ here. Some of them have ended up locked and/or deleted if I recall correctly.

      Medical MJ is still illegal under federal law. The form 4473 asks, as I recall, "Are you an unlawful user of or addicted to marijuana". Thus, a medical MJ user would be forced to lie on the 4473 in order to buy a gun, since under federal law they are an unlawful user of MJ. So, despite CA's medical MJ card and prop 19 (if it passes), MJ users still cannot legally purchase a firearm.
      They don't care about your stupid guns! --Mitch
      Mark J. Blair, NF6X

      Comment

      • #4
        kalikool
        Junior Member
        • Oct 2005
        • 86

        wow, you guys are fast. thanks for the help.

        Comment

        • #5
          383green
          Veteran Member
          • Jan 2006
          • 4328

          Originally posted by kalikool
          wow, you guys are fast. thanks for the help.
          We've had a lot of practice answering this question.
          They don't care about your stupid guns! --Mitch
          Mark J. Blair, NF6X

          Comment

          • #6
            dk94044
            Senior Member
            • Apr 2010
            • 915

            Under the California Handgun Safety Certification questionnaire if "your friend" checks Yes to using Marijuana, he is a moron and doesn't deserve to own a firearm.

            Comment

            • #7
              Exposed
              CGSSA Leader
              CGN Contributor - Lifetime
              • Dec 2007
              • 1822

              Yup. On a state level possessing both a medical marijuana card and guns, MIGHT be 100% lawful, but federally, its still a huge NO, NO! Personally, I wouldn't risk it. But that's just me.
              WELCOME TO CALGUNS!! Search first!!
              New to the forum and got a question for an AR build?
              click on me ----> http://www.calguns.net/calgunforum/member.php?u=14385

              Comment

              • #8
                kalikool
                Junior Member
                • Oct 2005
                • 86

                well he just didnt want to lie about it. he said if it would be a problem he just woundt try and get the license.

                Comment

                • #9
                  luckystrike
                  Veteran Member
                  • Feb 2009
                  • 4176

                  Originally posted by 383green
                  There have been a number of threads on guns + MJ here. Some of them have ended up locked and/or deleted if I recall correctly.

                  Medical MJ is still illegal under federal law. The form 4473 asks, as I recall, "Are you an unlawful user of or addicted to marijuana". Thus, a medical MJ user would be forced to lie on the 4473 in order to buy a gun, since under federal law they are an unlawful user of MJ. So, despite CA's medical MJ card and prop 19 (if it passes), MJ users still cannot legally purchase a firearm.

                  "UNLAWFUL user"
                  if your prescribed then it is NOT unlawful.

                  but then again Ca laws are LOLfull

                  Comment

                  • #10
                    Ibgreezy
                    Senior Member
                    • Jun 2010
                    • 509

                    How bout the dispenseries? They all have firearms inside them? A couple years ago a dispensery owner shot and killed a would be robber who was armed, it was ruled justifiable.

                    Comment

                    • #11
                      CHS
                      Moderator Emeritus
                      CGN Contributor - Lifetime
                      • Jan 2008
                      • 11338

                      Originally posted by dk94044
                      Under the California Handgun Safety Certification questionnaire if "your friend" checks Yes to using Marijuana, he is a moron and doesn't deserve to own a firearm.
                      That's inappropriate and not needed.

                      Just because I love beer and wine doesn't make me a "moron" for owning firearms.

                      Do I drink and shoot at the same time? Of course not.

                      So knock it off.
                      Please read the Calguns Wiki
                      Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                      --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                      Comment

                      • #12
                        Kharn
                        Senior Member
                        • Aug 2009
                        • 1219

                        Originally posted by luckystrike
                        "UNLAWFUL user"
                        if your prescribed then it is NOT unlawful.

                        but then again Ca laws are LOLfull
                        Federal law does not recognize a prescription for medical marijuana as lawful other than for the six people in the Compassionate Investigational New Drug program.

                        Comment

                        • #13
                          Rhythm of Life
                          Veteran Member
                          • Apr 2010
                          • 2800

                          Originally posted by Ibgreezy
                          How bout the dispenseries? They all have firearms inside them? A couple years ago a dispensery owner shot and killed a would be robber who was armed, it was ruled justifiable.
                          They shouldn't. Thats why all co-ops hire armed guards. At least the Pre-ICO legal ones. (Los Angeles)
                          The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself.

                          Comment

                          • #14
                            bigcalidave
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Jan 2009
                            • 4489

                            The card is NOT REQUIRED, and is just a way to "register" with the state. Tell him to get a doctors recommendation, and NOT get a card from the state.

                            Then just shut up about it.

                            This is a big states right issue, and an activist position as well. Honestly, the case needs to happen so we can get some reference from the courts. It'll probably happen sometime soon after prop 19 passes.
                            ...

                            Comment

                            • #15
                              383green
                              Veteran Member
                              • Jan 2006
                              • 4328

                              Originally posted by luckystrike
                              "UNLAWFUL user"
                              if your prescribed then it is NOT unlawful.
                              Only under state law. It's still unlawful under federal law.
                              They don't care about your stupid guns! --Mitch
                              Mark J. Blair, NF6X

                              Comment

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