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Denial of transfer due to medical cannabis registration


custodian7138

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Denying a right due to a cannabis medical card could be construed as a denial due to disability since the medical condition could be argued as a disabling condition.

 

If you follow that like of logic, aka no denials for a disabling condition you must also toss out the prohibition on a slew of currently prohibited people with a history of mental health issues, and that opens up a big can of worms.

 

I'm not against medical marijuana but the Feds have to first remove it from the prohibited drug list, that is proper way forward, states ignoring Federal law isn't.

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This is my attorneys opinion as of now also.

 

From what I understand my DL # will ping due to my cannabis status... and in IL the auto plate # is tied to the DL#.

 

I believe that in the new cannabis legislation this is supposed to be ending.

Your DL should be validated at a cannabis shop when you enter, but in my opinion that should not be tied to a sale. Scanning at point of sale would tie to sale. I do not think they should be tying scan to possession. None of the state's business if you purchased or not. All they should care about is collecting tax from cannabis shop, not who purchased.

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  • 2 weeks later...
The double down part is that caregiver cards also disqualify. It’s implied that because there is access to, there is also use. I can construct an argument within our current legal framework for the actual patient card restriction, however I really have a hard time with the wording for the caregiver card enabling the same restrictions.
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If these people with a history of mental health issues are so dangerous, why are they loose on the streets? Id argue the same case with felons. If criminals and the mentally ill are so dangerous to the public after serving their time or completing their treatment that they are denied a constitutional right, maybe they shouldnt be released.

 

 

Being a prohibited person due to mental or developmental issues is not synonymous with being a dangerous person. There are 10s of 1000s of adults with developmental issues that prevents them from 'growing' to the level of being responsible enough to do many things including gun ownership, but it's doesn't necessarily make them a danger to society, at least no more dangerous than a child of similar mental capacity. Just like you would not hand a loaded gun to a 2 year old you probably don't want to hand a loaded gun to a 50 year old that has the mental capacity of a 2 year old either, one has to use a little common sense and realise that prohibited due to a disability does not equate to being dangerous all the time, lines and standards have to be established.

 

This is why I will repeat, the Feds have to first remove it from the prohibited drug list, that is proper way forward, states ignoring Federal law isn't. Once removed from the prohibited list levels and standards can be established vs an automatic disqualifier for use, much like alcohol is treated today. The states taking the shortcut isn't solving anything, in fact one could argue they are creating more problems.

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If you have a family member in the household with a FOID, have them purchase guns for your household and then you can legally access them without the hassle of federal interference. My wife is in the same position and she is not a patient, only a registered caregiver. ^ this ***

 

Be careful here: Even if done with the best of intentions and no ill intent, a straw purchase can ruin your life. If for example your wife legitimately bought the gun for herself, then it's no problem for you to legally use or possess her gun. But be very careful to make sure any situation complies with the letter of the law on this, since a small slip-up is a felony.

 

https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

Question 11.a. Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm

Actual TRANSFEREE/buyer examples: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift (with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a. However, the transferor/seller may not transfer a firearm to any person he/she knows or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (n) or (x). EXCEPTION: If a person is picking up a repaired firearm(s) for another person, he/she is not required to answer 11.a. and may proceed to question 11.b.

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