Firearms and Marijuana question

Question e does not define "unlawful user of marijuana". I believe a legal holder of a medical marijuana card in a state where such is permissible could answer no and make a good case for it. Recreational use on the other hand... sticky.
I almost never buy new guns or guns from FFLs, so it's not an issue.

Two things:

A: The federal government, the creator of that form, does not recognize the lawful use of marijuana.

B: That same "question" is also found in 922(g), prohibiting the possession of a firearm by a person "addicted to or an unlawful user of" an illegal controlled substance.

Read that any way you would like . . .
 
@CScott,

And so you know it will forever be illegal to be in possession of a firearm around marijuana, because it's a hallucinogenic. When it goes legal nationwide it will be the same as alcohol.

You get busted drunk or stone and you will lose your gun rights.

They are going to bleed you stoners dry.
Legalizing marijuana nationwide will be the greatest cash cow for the States since the invention of Wall-Street.

And between the politicians and the system in your pockets you'll need a gun to protect yourselves being rob. But then having that gun will put you in prison and then probation.

[ame="https://www.youtube.com/watch?v=KUmZp8pR1uc"]https://www.youtube.com/watch?v=KUmZp8pR1uc[/ame]
 
Here's your answer....Unless this decision is overturned by SCOTUS, this settles it (at least as far as following states in the 9th Circuit)


District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington


Appeals court upholds ban on gun sales to medical marijuana card holders | Fox News
 
Last edited:
Question e does not define "unlawful user of marijuana". I believe a legal holder of a medical marijuana card in a state where such is permissible could answer no and make a good case for it. Recreational use on the other hand... sticky.
I almost never buy new guns or guns from FFLs, so it's not an issue.

27 CFR 478.11 defines it:
"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."
 
Interesting. One can drink or consume alcohol daily and purchase any legal firearm you like. Effects of alcohol are much worse than Pot IMO. Ask any cop who they would rather deal with. A drunk or someone using Pot? I deal with LEO's every day and the answer to the question is unanimous. Of all asked, they would much rather deal with the individual high on pot than booze. The 4473 question should deal with Booze and/or hard drugs. Interesting how William Randolph Hearst and DuPont's epic propaganda campaign and successful legislation against pot and hemp in the 30's still hangs on today yet prohibition was repealed 4 years prior. Now the feds tax and make money on Alcohol sales. Pretzel logic in my opinion.
Drinking is legal. Marijuana is illegal in most cases. Huge difference right there.

And the myth that drinking is more harmful than marijuana needs to stop. I've personally seen marijuana ruin lives, not as a gateway drug, but on its own.
 
I've been told that the dispensaries in CO have a security problem with all the cash they have to use because they are not allowed to be in possession of firearms at the same time. C. Scott

People don't rob dispensaries they burglarize them. Most dispensaries have man trap doors. You come through the outer doors and the inner doors don't open until the outer doors close.

When the pot shops started opening there were a lot of stories about people breaking in and in almost every instance they got in but couldn't get out. Burglaries stopped happening after a while.
 
This thread is losing it's context. I recommend we let it die before the moderators kill it for us.
 
Has there ever been a case where someone under the influence of marijuana has used their conceal carry weapon to protect themselves and shot someone ??
 
There is no lawful use under Federal law. Marijuana is a Schedule 1 drug - no recognized medical use. This status was recently reaffirmed.
 
Have there been any studies to back this?

I'd sure like to see one!
I don't care about studies. I care about real world results. Studies have biases, mistakes, etc. People burn out from marijuana.
 
I don't care about studies. I care about real world results. Studies have biases, mistakes, etc. People burn out from marijuana.

That's pretty much what I expected. Your opinion. That's fine, everyone is entitled to one. So here's mine:

Lazy people are lazy even without it. Yes, weed may make them even more lazy. But it doesn't make them violent. Would alcohol? What would be the "real world results" of lazy people drinking alcohol compared to lazy people smoking weed?

I know a sizable group of people personally, all who make in excess of 100k a year, who don't see it any differently than enjoying a fine wine.

And how many deaths have there been from overdosing on smoking weed? That would be none. Alcohol? Get a calculator.

Suggesting that smoking weed is as destructive as alcohol is absolutely ridiculous.

Of course, that's just my opinion, I could be wrong.
 
Deaths from smoking weed? Direct or the ones you underwrite when your suppliers have territorial disputes? An interesting moral dilemma, a little harmless relaxation brought to you by ruthless cartels and 30,000 dead Mexicans. You will say the government is at fault by making dope illegal while ignoring it is filling your demand that makes crime and corruption profitable.
 
I have to laugh when the argument about whether dope makes you stupider than beer, and therefore one is okay to be in active handling of a firearm comes up. Stop it, guys. Intoxication is intoxication. Is there an adult in the room?

The original question was about legality of state legal/ weapon in possesion. That has been answered. A resounding....."I'm not sure, cause the feds and states are arguing about it, pays your money and takes yo chances."
 
Last edited:
Trying to be objective instead of taking any sides, I'll have to say that marijuana's negative effects are more insidious than certain intoxicants that are currently legal. Because of alcohol's fast half life in the system, we can scientifically determine how much one has consumed within a certain amount of time, and thus judge how it has effected the individual, and thus we can easily pinpoint both acute intoxication as well as determine how much it is affecting the person in question at the time of any situation. i.e. If someone who has been drinking crashes a car because he is drunk, we can take blood samples to prove acute intoxication, thus proving it as a factor in the crash, as well as prove it legally for many various legal charges, and offhanded say "ye, this man has taken of drink, and drunk he drove", whilst the marijuana user who crashes a car due to being under the influence of his drug is quite the opposite, objective scientific tests cannot determine absolutely how much the user has used, nor can it prove acute intoxication, nor can we see acute levels and prove the use of the drug was a definite factor, quite like alcohol. If Johnny Drunkard gets pulled over and blows a 0.2, we know he's driving when he should not be because he just drank; if we get a urine analysis of Pauly Puffer, there is no way to tell if the THC in his system is recent or residual.

tl;dr Alcohol comes and goes, and a man who had a few too many drinks two days ago is completely sober today, whilst the marijuana user has the drug build up in his system, creating long term effects, and making judgements of the effects of the drug on the person to be more difficult. If a person drinks a six pack of beer at 5-7 PM, he will be sober enough to shoot come 9 AM the following morning, and we know for certain his condition. If marijuana becomes more legal, how can employers or peace officer determine when someone is acutely intoxicated, or if their long term status has been harmed enough to make legal determinations, or to terminate employees? We know when someone who sometimes consumes alcohol should and should not be shooting, but with other intoxicants, when and how do we draw lines?

Do we set standards that if one recently consumed the drug, they should not be carrying a gun or participating in shooting sports? How do we determine what is sufficient intoxication, acute or otherwise? Is a complete ban on all users true justice, or are we stripping people of their rights in a very unjust manner?

I say, use what I'll invent as a standard for personal use, The Cough Medicine Rule. If the effects of an over the top medication, that anyone can buy, and are not subject to such hot debates, makes you groggy, sleepy, dopey enough that you should not operate a car or heavy equipment, than any equivalent intoxication by any other substance should prevent you from shooting, driving, ect., and that constitutes a rule of thumb, not so much legal. Don't take it from the point of "I had X amount of substance y", go "if the individual is under the influence, this person should not be doing any of these activities".

I'll step in the mess this thread has become long enough to say this, I'm a "Oakie from Miskogee" kinda guy, I've had my problems with the bottle, and am against all drugs, including marijuana. I'll say that observing those around me who have used marijuana that yes, indeed, it is acutely intoxicating to those who use it, people tend to not notice because it is not as extreme as alcohol, and that there is long term intoxication, which we mistake for personality changes, it is a bad drug with bad effects. Its psychological addiction is worse than alcohol, because users believe the drug is benign, nay, beneficial, and because they think the drug is harmless, they see its abuse as harmless, and refuse to recognize problems and deal with them.

All that being said, marijuana is simply to prevalent in the United States to be eliminated, and we reach a dangerous tipping point when stripping such a large population of rights and enforcing such actions could be logistically impossible, unenforceable, and hit a point of unjustly stripping men of God given rights in a war we have lost for decades, and are reaching a point we cannot win. The ATF and FBI don't prosecute most of the cases of barred individuals who attempt to buy firearms legally in the first place, and when we consider all of the dangerous violent criminals and felons on the streets with guns, it would seem enforcing strong gun restrictions on legal marijuana users is a pipe dream, will probably be as useful as the war on marijuana itself, and will actually drive otherwise legal and healthy individuals who use the drugs back onto black markets to avoid legal recognition for their use with all of the negative legal consequences, thus chasing away potentially law abiding users away from taxed and regulated marijuana, which would defeat any advantages of its legalization.

if I went on too long, as I always do, let me know.
 

Latest posts

Back
Top