Mary ju wanna question

[ronlglock]

Asking for a friend and looking for educated opinions.

A buyer who is party to a PPT smells like Mary J so strongly that your eyes are watering above your mask. Obviously buyer cannot answer no to 4473 question 21e. Is the buyer permanently prohibited or can they try again when they don't smell like Mary J?

[buster1960]

Use your good judgment and refuse the transaction. Walk away.

[????? ????]

According to 27 CFR 478.11:

Unlawful user of or addicted to any controlled substance.

A person who uses a controlled substance and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, nonjudicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.

[acespawnshop]

We've told them no before. If that makes you feel any better. Remember you're signing the 4473 also saying everything is on the up and up. And if you don't believe it is then don't do it.

[Tyke8319]

I wouldn't. Lots of potential down the road liability that could come back on you. I wouldn't want it on my conscience knowing I (in essence) helped arm someone that was stupid enough to come into a gun store reeking of the green.

[taperxz]

Asking for a friend and looking for educated opinions.

A buyer who is party to a PPT smells like Mary J so strongly that your eyes are watering above your mask. Obviously buyer cannot answer no to 4473 question 21e. Is the buyer permanently prohibited or can they try again when they don't smell like Mary J?

[Elite Armory]

Treat it as if you suspect the person could be a DOJ or ATF plant for a sting operation and you’ll be fine.

Agree with the above.

I did however have one customer come in that told me she had a Medical Marijuana card but said she has never used it and didn't even ask for it but her doctor prescribed it and gave it to her. She even said she would give it to me to cut up if I wanted. I called DOJ and asked what to do in this situation and the best answer I could get out of them was it doesn't matter if they give you the card or not because they can just go get another one. What matters is if you believe them or not. Needless to say it wasn't a very definitive answer.

[????? ????]

I did however have one customer come in that told me she had a Medical Marijuana card but said she has never used it and didn't even ask for it but her doctor prescribed it and gave it to her.

The 9th Circuit case of Wilson v. Lynch (9th Cir. 2016) 835 F.3d 1083, which is the case that pretty much is the case about firearms and marijuana, addresses this exact situation.

Wilson v. Lynch is about the ATF Open Letter to FFLs about marijuana. That Open Letter specifically instructs, "if you are aware that the potential transferee is in possession of a card authorizing the possession and use 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, even if that person answered "no" to question 11.e. on ATF Form 4473."

Wilson argued, "she is not actually an unlawful drug user. Instead, she alleges that, although she obtained a registry card, she chose not to use medical marijuana for various reasons, such as the difficulties of acquiring medical marijuana in Nevada, as well as a desire to make a political statement." (Wilson v. Lynch, at p. 1091.)

Nonetheless, the 9th Circuit says:
"With respect to marijuana registry cards, there may be some small population of individuals who-although obtaining a marijuana registry card for medicinal purposes-instead hold marijuana registry cards only for expressive purposes. But it is eminently reasonable for federal regulators to assume that a registry cardholder is much more likely to be a marijuana user than an individual who does not hold a registry card." (Wilson v. Lynch at p. 1094.)

The 9th Circuit does say, "Wilson could acquire firearms and exercise her right to self-defense at any time by surrendering her registry card, thereby demonstrating to a firearms dealer that there is no reasonable cause to believe she is an unlawful drug user." (Wilson v. Lynch, at p. 1093.)

[taperxz]

The 9th Circuit case of Wilson v. Lynch (9th Cir. 2016) 835 F.3d 1083, which is the case that pretty much is the case about firearms and marijuana, addresses this exact situation.

Wilson v. Lynch is about the ATF Open Letter to FFLs about marijuana. That Open Letter specifically instructs, "if you are aware that the potential transferee is in possession of a card authorizing the possession and use 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, even if that person answered "no" to question 11.e. on ATF Form 4473."

Wilson argued, "she is not actually an unlawful drug user. Instead, she alleges that, although she obtained a registry card, she chose not to use medical marijuana for various reasons, such as the difficulties of acquiring medical marijuana in Nevada, as well as a desire to make a political statement." (Wilson v. Lynch, at p. 1091.)

Nonetheless, the 9th Circuit says:
"With respect to marijuana registry cards, there may be some small population of individuals who-although obtaining a marijuana registry card for medicinal purposes-instead hold marijuana registry cards only for expressive purposes. But it is eminently reasonable for federal regulators to assume that a registry cardholder is much more likely to be a marijuana user than an individual who does not hold a registry card." (Wilson v. Lynch at p. 1094.)

The 9th Circuit does say, "Wilson could acquire firearms and exercise her right to self-defense at any time by surrendering her registry card, thereby demonstrating to a firearms dealer that there is no reasonable cause to believe she is an unlawful drug user." (Wilson v. Lynch, at p. 1093.)

[General]

What if they smell of alcohol?

[acespawnshop]

What if they smell of alcohol?

Theres nothing in the US code about alcohol though...

[M76]

I've been in an LGS and saw dudes reeking of weed gleefully looking at firearms,
and thought to myself "what the hell are these idiots thinking?" - not very bright.

[bugsy714]

What if they smell of alcohol?

That functional alcoholic is a patriot for not smoking reefer


Dictated but not read, voice typing plus bad eyes equals typos

[acespawnshop]

That functional alcoholic is a patriot for not smoking reefer


Dictated but not read, voice typing plus bad eyes equals typos

I just don't think its a federal crime to be a drunk. Thats all I was getting at.

[taperxz]

Theres nothing in the US code about alcohol though...

True! I might be inclined to sell them all they want when they come in to buy and to start the 10 day wait.

I wouldn't deliver the guns to them drunk though.