Medical Marijuana? No Guns For You!
The Market Ticker ® - Commentary on The Capital Markets
Posted 2013-01-29 14:17
by Karl Denninger
in 2ndAmendment
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Medical Marijuana? No Guns For You!
 

You know that 4473 form?  Yeah, the one that asks about the use of illegal drugs?

Well, what about medical marijuana -- if it's legal in your state? 

Guess what -- there appears to be a rather strong presumption at the federal level that this is a disqualification for ownership of firearms!

33 states had not submitted any records even though the law bars anyone with multiple arrests for drug use or possession within the past five years, or those convicted for use or possession within the last year, including marijuana. Yet the report found states with lengthy registries of medical pot smokers did not provide that information to the NICS system.

Why would the states submit lists of medical marijuana users to the NICS system as prohibited persons when they are, under state law, lawful marijuana users?

Ah, Kemosabe, now we see one of the problems with these laws, eh?

This looks like something that is going to severely play hell with people who were foolish enough to believe that their state laws would protect them...... and incidentally, if you bought a gun while having a medical marijuana "prescription" and answered "No" to that question on the 4473, there are those who would argue you committed a federal crime and should be prosecuted for "lying" on that form -- including, it appears, President Obama and Biden!

Most of you folks in those states are "hard blue", yes? 

How 'ya gonna feel when the guy you backed for President locks your ass up for 10 years and gives you a permanent felony record on top of it?

The government is your friend..... right?

Ps: Oh oh -- there is an actual BATFE letter on this.  If you have bought a gun while in possession of a "medical marijuana" card (or prescription, whether it comes with a card or not) you are, according to the BATFE, a federal felon and it appears they are going to try to force the states to turn over the lists of those people and may well come after you. 

Discussion below (registration required to post)
 

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User Info Medical Marijuana? No Guns For You! in forum [Market-Ticker]
Mdm
Posts: 338
Incept: 2010-10-13

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


Couldn't this be read as: Are you addicted to any stimulant?

Wouldn't anyone who drinks coffee daily be lying on this form if they answered no?

I guess when you run out of criminals, make more.
Jack_crabb
Posts: 2761
Incept: 2010-06-25
Gold
Peoples' Republik of Maryland
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States' rights? What are they?

On another note, this is loosely connected to the legal use - if not outright requirement - of Ritalin, etc. making one unfit for nomination/appointment to a service academy.

ETA:
Quote:
I guess when you run out of criminals, make more.
Exactly!!

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Molon Labe

Where is Henry Bowman when you need him?

Spiralbinder
Posts: 326
Incept: 2008-03-20
Silver
Oregon Coast
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At least in Oregon the Oregon Supreme Court has ruled that mm users CAN have concealed permits. Unfortunately that is only on the state level, so take it FWIW.

http://www.oregonlive.com/news/index.ssf....

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Michelle
********
"I dunno man... living off the land. If you think the markets are unfair wait until you're up against the weather. The old testament God is on the other end of that trade." Sadlerj
Genesis
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Admin A True American Patriot!
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Yeah, but under FEDERAL law you have to lie to get the gun, the way these guys appear to see it.

This sets up an interesting problem...

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Chris92346
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If they can obligate you to declare your cannabis use... they should also make you declare your psychiatric drug use as well.
Genesis
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There's an argument for the latter, IF the alternative was confinement.

I'm not saying it's correct, just that there's an argument for it under those circumstances.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Jack_crabb
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Genesis, do you see this as a serious 10th Amendment or States' Rights vs. Federal law issue? As in, someone actually going to court?

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Molon Labe

Where is Henry Bowman when you need him?
Chris92346
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Yea I will change my opinion on cannabis the FIRST time I hear about a person getting stoned and going home and beating up his wife.
Iou
Posts: 1031
Incept: 2009-03-16
A True American Patriot!
The Twilight Zone
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"We're from the government and we're here to help."

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"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."- Frédéric Bastiat
Genesis
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Jack: Yep. And it's a VERY, VERY big deal too.

This, incidentally, is one of the (many) reasons I entirely disagree with the Brady Law. We should be punishing behaviors, not possession of an item absent legally-provable intent to do malice -- the latter of which is already illegal.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Jack_crabb
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All sorts of issues tied up in this particular bundle. If someone can get standing.

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Molon Labe

Where is Henry Bowman when you need him?
Maynard
Posts: 122
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Green
Charleston, SC
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4473s stay with the FFL don't they, I don't think there is a good way to track this. The FFL doesn't run the check if you come in and already have your CWP.

I suppose if you were caught with a firearm and and a medical marijuana card they could do something.
Fraudster
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Karl, the Government is your friend, and it's here to help you....

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"Circulation ceases first at the outer edges [Europe and Japan]. It will take a while yet for the decay to reach the heart [America]." - Foundation & Empire by Isaac Asimov
Flaps10
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Maynard,
In WA they run the 4473 no matter what. The CPL only allows me to walk out with a handgun without a 3 day wait.

This ticker addresses medical mj, for which obamacare certainly has a way to link together with your other behaviors.

What about recently passed recreational, which is neither illegal or a matter of record (yet - still to be seen how WA deals with this)?

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"Better to die on your feet than live on your knees"
Asimov
Posts: 104643
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Do you deny gun ownership to somebody who drinks alcohol? I'd be a lot more scared of them with a gun than somebody smoking a joint with a gun.

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It's justifiably immoral to deal morally with an immoral entity.
If you trade based on what other people say, you will lose money. Especially what I say. I won't be held responsible. Festina lente.
Flaps10
Posts: 5353
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seattle
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Agreed, but not what's on the form As

I have no illusion that ATF will alter the form for pot heads

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"Better to die on your feet than live on your knees"

Bagbalm
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Just North of Detroit
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So - see why they want to stop private sales?
Flaps10
Posts: 5353
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seattle
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Right. Because they've had such luck banning private sales of pot.

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"Better to die on your feet than live on your knees"
Crossthread
Posts: 4619
Incept: 2007-09-04
Green
Wilmington, NC
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I realise Our Esteamed Host is "pointing" out Medicinal Cannibis...

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


Could this be applied RIGHT NOW to people under "Pain Management"?
Legally Prescribed?
EG: Narcotic(s)?
Hypothetically, If you were under "Management", and *LIED* on the form?
Are you then a Felon?
(I hope I worded this correctly)..
EDIT Would they/could they "cross-check with data-bases like wal-greens/CVS et al, to see what your being prescribed?


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“Cognitive Co-Dependency” is when a normal rational person, internalizes irrational illogical presentations, and somehow reconciles them to fit their scripted indoctrination of logical analysis.
Quote:
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Maynard
Posts: 122
Incept: 2007-11-27
Green
Charleston, SC
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Quote:
In WA they run the 4473 no matter what. The CPL only allows me to walk out with a handgun without a 3 day wait.


Ahhh, yeah same here. I guess I didn't realize they still run your name through the system if you are a permit holder.

Winstonsmith2009
Posts: 1061
Incept: 2009-08-05

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"Yet the report found states with lengthy registries of medical pot smokers did not provide that information to the NICS system."

Ahhh, so it's OK and even desirable to submit medical pot prescription data to the NICS, but not data related to psychotropic anti-depressant drugs with side effects like, oh, SUICIDE and PSYCHOTIC RAGES that involve schools in which case "medical privacy" takes precedence. It's only medical privacy when it's related to drugs pushed by big pharma.

Bankers should be in jail, but aren't, and the focus is on guns when it should be on dangerous and vastly over-prescribed prescription drugs. Why? This country is run by those who have the deepest pockets while the majority of citizenry, clueless and propagandized, cheer them on.

Bertdilbert
Posts: 2694
Incept: 2008-12-22
Gold
CA
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Well, a pot smoker could get munchies (if he did not fall asleep first) and because Obama Care left him with no job, he could take a gun to the 7-11 (provided he was able to summon the motivation to get off the couch) and rob the store for a brownie at gunpoint.

Have no fear, the Federal Government has ordered 7,000 personal defense weapons, pistol grip, fully auto AK which can only be used to kill mass quantities of people according to Obama. The Federal Government intent? To mow down mass armies of zombified munch crazed pot smokers as they head to the store.

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Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Lowbeyond
Posts: 17119
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CO aka West NJ/East CA
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yep. atf says if you have a MMJ card you are a prohibited person. if you do not check the box on the 4473 you are lying on the form and are a felon.

atf pdf

http://www.atf.gov/press/releases/2011/0....

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Maybe it was a birdy bread-bomber from the future?!
Genesis
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Oh man, this is going to get bad.

Ticker updated.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?

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