ATF Memo Says Medical Cannabis Patients Can't Have Guns

[Jacob Bell]

Michigan hunters who use medical marijuana may be able to keep their guns despite a recent Bureau of Alcohol, Tobacco and Fire Arms memo that says marijuana users may not own firearms.

In an open letter issued on Sept. 21, ATF Assistant Director of Enforcement Arthur Herbert said federal law prohibits unlawful users of controlled substances – including state certified medical marijuana patients – from possessing firearms or ammunition. He also said that it's a crime to sell a gun to someone if the seller "has reasonable cause" to believe that the buyer uses illegal drugs.

Jackson County Sheriff Steve Rand told the Jackson Citizen Patriot that he doubts the memo will change much in Jackson or in Michigan.

"A federal memo is a far cry from a Supreme Court decision," Rand said Thursday. "It is not something that will necessarily make us change our policy suddenly."

The sheriff's office issues purchase permits to people wishing to buy handguns. The permit application does not ask about drug use, but Rand's staff asks "probing questions" if there is suspicion. Rand said employees who issue purchase permits have just been sent for more training on the procedure.

Drugs and guns do not mix, Rand said, and his office does everything they can to keep firearms out of the hands of users and addicts. That said, Rand does not believe a person with a medical marijuana card is always under the influence and should never possess a firearm.

The application for a concealed pistol license in Michigan does not ask about drug use but does require that the applicant state that she is "not prohibited under federal law from possession or transporting a firearm."

Jackson County Circuit Judge John McBain, who teaches concealed weapon safety courses, told the Citizen Patriot that he doubts federal prosecutors will begin to pursue medical marijuana patients who have concealed weapons licenses.

"I guess they could do it under the law," McBain said. "I would be surprised to see the U.S. attorney's office make that an issue."

The Flint Journal reports that in Genesee County where "[both] medical marijuana and firearms have widespread popularity," the gun board approved a concealed weapons license for a medical marijuana patient.

This year, the board decided – by a 2-1 vote – to allow a 36-year-old medical marijuana user to keep his concealed weapon privileges. Those voting to allow the license did so based on assurance from the U.S. attorney's office that it had no intention of prosecuting CCW holders violating federal law.

News Hawk- Jacob Ebel 420 MAGAZINE
Source: michiganmessenger.com
Author: Eartha Jane Melzer
Contact: Contact Us
Copyright: The American Independent News Network
Website: ATF Memo Says Medical Marijuana Patients Can't Have Guns

 

[GanjaAL2]

Again the ATF can Funnel guns to the Cartels and get a boarder agent killed by those guns and yet they want to have the right to deny law abiding citizens their constitutional rights! They should be disbanded and funding given to help the poor who struggle to pay their bills because of missapropriation of funds by the government.


Second violent crime linked to ATF gunwalking - CBS News Investigates - CBS News

 

[Vapedogg223]

This year, the board decided — by a 2-1 vote — to allow a 36-year-old medical marijuana user to keep his concealed weapon privileges. Those voting to allow the license did so based on assurance from the U.S. attorney’s office that it had no intention of prosecuting CCW holders violating federal law.

Yeah!... Assurances from the same administration that assured us they wouldn't pursue medical marijuana patients as long as they were in compliance with state law. I wonder how that's working out for the medical marijuana growers that have just been raided...or the dispensaries and their landlords that are now being threatened with forfeiture of their real property...

The firearm issue has me extra pissed off because it hits close to home. I can't go into any more detail with our drawing undue attention to myself, but I'll just say that I own and use firearms. I do so safely and responsibly. I would no sooner use a firearm while medicated than I would use a table saw, or operate a Combine, or hydraulic press, etc. while medicated. I also wouldn't use any of the devices I just listed while using several over the counter cold remedies, or any number of prescription medications.

Anyone purchasing a firearm from a dealer must complete an ATF Form 4473. Question 12e in the Certification of Transferee on the Form 4473 reads:

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?

The pertinent sections of the certification you have to sign are:

I certify that the above answers are true and correct.

I understand that a person who answers “yes” to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm.

I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony.

I'm sure lawyers can argue about the definition of "unlawful user" if you are a legal marijuana patient in whatever state you're in, but until and unless the Supreme Court rules differently, federal statutes are always going to trump the state.

This means the feds have one more federal felony to tack on if they choose to destroy the life of a medical marijuana patient that also happens to have purchased a firearm.

The supreme irony here is that everything the federal government says about marijuana is a "false statement"... no, screw that, they are bald-faced lies! They don't even believe the crap that they spew forth with the whole "gateway drug", "refer madness" and all the other prevarications we are constantly subjected to.

Okay... End of rant...

 

[GanjaAL2]

Hmmm... well if it is writen like that... I am niether. I am a lawful user of and not addicted.

 

[Wyliedog]

And I guess alcohol and firearms are a good combination and of course perfectly legal. Again, LOVE these double standards........

 

[Bassman59]

So funny. These dipshits are totally abusing the intent of their own laws. Obviously the intent was aimed at the other types of drug users more leaning towards your street dealers and bigger. Yet how many killings are there from drunks under the influence of alcohol per year vs MMJ? Hell even include non MMJ MJ users and you wont get a significant number. We don't even need to research it to know such.

 

[keninpain]

Were does it stop? Next thing they will be taking drivers license from people on prescription pain meds. And to top it off they let someone who runs our country who admitted using mj in college were is the discrimination there.

 

[420]

So is this just another fear tactic like the DEA's letters to MMJ collective landlords?

 

[ProHemp]

So is this just another fear tactic like the DEA's letters to MMJ collective landlords?

I think so but, I think they're (ATF & DEA) the ones that really fear because of the progress we're making in MMJ. Getting 16 MMJ legal states is no small accomplishment. Their tactics will not work any more than prohibition and having MJ as a schedule 1 has worked. Everyone should know there's always some kind of cost in these battles but, the only way we will lose is to give up. Good job to all those who have been a part of the progress.

 

[Icemud]

Wow this is such BS!! So isn't certain prescription drugs and even alcohol and tobacco classified as controlled substances? I honestly don't think this is a step forward in the direction our fore father's layed out for our countries greatness!! Criminals can have guns and rob people, and now because we chose "natural" healing over forced, money making "death pills" we are defenseless??? Haven't they read the studies that crime rates go down in MMJ areas? Haven't they seen the numerous healing stories that MMJ has provided? Don't they realize that Hemp is a major Cash cow, and yet they would rather import it? Why is MMJ still classified as no medical value, and why is it that the DEA is the ones reporting this, when there job is to make sure laws are followed, thats itt... and why is nobody in office paying any fu$$in attention!!?? Isn't our country broke and needing money??? WTF!!!!

Someone needs to post a topic on "how to's" of correct and professional ways to write letters to those that matter. I wish I knew more on how to do this so if someone does and would like to post...I think we all should do what we can to "open" the minds of these money hungry, reckless politician's and flood them with letters of fact...we need stories to flood these goverment officials of anyone who has benefited from MMJ and how it has changed there life from bad to positive....Obama is about change right?? well how about showing how MMJ changed all of us!

 

[Jacob Bell]

I firmly believe that this whole ATF/Guns thing is part of a last ditch effort from the government. It's a scare tactic. Why?
The fed gov started cracking down on dispensaries a while ago, and then they started in on the banking practices of said industry. When that didn't work, they had to regroup. They came up with a plan of fear. This plan involves several fronts: Banking, storefronts, taxes, guns, etc. They figure if they hit "us" on all these fronts, all at once, then we will cave in to their will.
They could not be more wrong. All this does is strengthen our resolve. We know this is a Hail Mary from the fed gov. This is their attempt to put us in our place while they allow big pharma to grow and sell Cannabis at high prices and in unnatural forms.
The fact is, the government is losing, and big time, and they have no idea what to do about it. Therefore they are pushing this agenda with all their might, and they will lose. The people have spoken, and they know it.
Don't give in to their fear tactics. Don't for one second believe they will win this war because they will not. American citizens are awakening to the reality that Cannabis is not harmful, it's medicine. They realize they have been lied to for the last 70 yrs, and they are ticked off about it. We are going to win, period.

 

[markscastle]

I don`t see where the constitution reads you have a right to bare arms,unless you smoke pot! Maybe they shouldn`t have printed it on hemp paper cause it lasts so well!