Prop 215 Card for CA ID?

[Burbur]

Well, it happened yesterday. A customer handed me his medical marijuana card as identification to purchase a handgun... at least he didn't reek of it, like the two guys last weekend.

Has there been any recent change to the interpretation of 4473 question 11 E in light of changing state legislation?

I still sent him on his merry way.

[ripro75]

No, it's illegal federally still, that's what matters on the 4473.

[desertjosh]

Haha what a maroon

[BillyGoatCrawler]

When I saw the title I thought this was a troll thread. Hilarious twist.

[acespawnshop]

This probably was a mystery shop from ATF. I have heard about them doing this before.

[ugimports]

Well, it happened yesterday. A customer handed me his medical marijuana card as identification to purchase a handgun... at least he didn't reek of it, like the two guys last weekend.

Has there been any recent change to the interpretation of 4473 question 11 E in light of changing state legislation?

I still sent him on his merry way.

For reference here's the latest interpretation from what I was able to find with ATF: https://www.atf.gov/file/60211/download

[ripro75]

For reference here's the latest interpretation from what I was able to find with ATF: https://www.atf.gov/file/60211/download

Good find

[desertjosh]

Can someone sum up the change so I don't have to download that link to my phone?

[Killer Bee]

interesting, thanks..

Can someone sum up the change so I don't have to download that link to my phone?

one scanned page .pdf letter.. looking at 57kb download.. no smart phone?

basically, potheads are prohibited federally..

[desertjosh]

Ya I've got a smart phone, but already have too much stuff downloaded that I never read. Plus I'm on 4G right now...thanks

[hermosabeach]

I have been amazed at people reeking of weed in a gun store....

When I made a comment to a clerk about someone reeking of weed he laughed and said that many reek of weed....

I wonder when the DOJ will require a Prop 215 sign in the place of business for an FFL explaining that if you are a Prop 215 person, you are prohibited....

[ugimports]

I have been amazed at people reeking of weed in a gun store....

When I made a comment to a clerk about someone reeking of weed he laughed and said that many reek of weed....

I wonder when the DOJ will require a Prop 215 sign in the place of business for an FFL explaining that if you are a Prop 215 person, you are prohibited....

Although from the state level they are not doing anything illegal. CA DOJ won't typically request signage that is a federal issue.

None of these questions on the DROS form make any mention of weed being an issue:

Firearms Eligibility Question 1: Has purchaser ever been convicted of a felony or of an offense described in Penal Code sections 29905, 23515, or convicted of assault, battery, or other misdemeanor offense specified in Penal Code section 29805 in the last 10 years?

Firearms Eligibility Question 2: Is purchaser a danger to self or others pursuant to Welfare and Institutions code (WIC) section 8100, or a person who has been admitted to a mental health facility as a danger to self or others pursuant to WIC sections 5150, 5151, and/or 5152 within the past five years?

Firearms Eligibility Question 3: Has purchaser ever been adjudicated by a court to be danger to others, found not guilty by reason of insanity, found incompetent to stand trial, or placed under a conservatorship pursuant to Welfare and Institutions Code section 8103?

Firearms Eligibility Question 4: Is purchaser currently the subject of any restraining order pursuant to Family Code section 6380?

The ATF could possibly require it, but then they'd have to make signage requirements per state which is not something they would do. Possibly they would require the posting of some generic message relating to "if you live in a state where marijuana use is legal and you partake then no firearms for you.."

[Librarian]

Briefly, the memo says

The memo affirms: "Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by federal law from possessing firearms or ammunition. ... Further, if you are aware that the potential transferee (of a firearm) is in possession of a card authorizing the possession of marijuana under state law, then you have 'reasonable cause to believe' that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person."

http://norml.org/news/2011/09/29/us-...ssess-firearms retyped the relevant bit.

[Ninety]

Being in possession of the card itself does not prohibit you nor does it mean you are a user.

Could just be a dealer

[ugimports]

Being in possession of the card itself does not prohibit you nor does it mean you are a user.

Could just be a dealer

According to the ATF possession of the card itself prohibits you because "... you have 'reasonable cause to believe' that the person is an unlawful user of a controlled substance."

So until a Medical Marijuana dealer sues the ATF (I presume) about loss of their 2A rights for not being a user, but being a dealer of said products, I'm guessing this won't be resolved in favor of the card holder.