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Denial of transfer due to medical cannabis registration


custodian7138

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Following a delay in approval for transfer from a dealer by the ISP FSB... I got a callback this afternoon explaining my denial of transfer due to my IDPH Medical Cannabis Registered Qualifying Patient status.

 

I was under the assumption that this info was HIPPA protected... but I guess not... working with my dealer to consign or purchase the revolver that I ordered....

 

My FOID and CCL are still valid...

 

So much for attempting to manage my medical condition in a proper, law abiding way.

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No surprises and discussed often here before. MMJ card holders may have a FOID/CCL and those will not be revoked by the ISP, however any purchase/transfer interaction with an FFL dealer and a 4473 is going to be denied.

 

MMJ card must be expired a year before the check can be passed.

 

Private sales ISP web site FOID check should return a valid card.

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...

I was under the assumption that this info was HIPPA protected... but I guess not... working with my dealer to consign or purchase the revolver that I ordered....

 

My FOID and CCL are still valid...

...

You may not remember it, but you waived your HIPAA protections, giving the state access to your medical records, when you applied for your CCL. I believe the waiver expires when the CCL does.

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...

I was under the assumption that this info was HIPPA protected... but I guess not... working with my dealer to consign or purchase the revolver that I ordered....

 

My FOID and CCL are still valid...

...

You may not remember it, but you waived your HIPAA protections, giving the state access to your medical records, when you applied for your CCL. I believe the waiver expires when the CCL does.

 

 

 

 

 

I had no idea that was in the CCL application.... and relied on the local community college for the training... the guy that runs the training for the CC is Sgt. with IL SEC OF STATE.

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You may not remember it, but you waived your HIPAA protections, giving the state access to your medical records, when you applied for your CCL. I believe the waiver expires when the CCL does.

 

 

Where is that in the application?

Unfortunately, I paid to have someone do mine. I had to answer the questions on a form, but permission to access to medical records was not one of them.

 

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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 ***

This could be a slippery slope. Wouldn't want to get a family member jammed up for straw purchasing.

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No problems... no family members in the house... retired, divorced... happy.

 

My last 2 attorneys have passed on... I sat down with a new one yesterday and laid the scenario out for him in case of future problems...

 

I have a valid FOID, valid CCL (which I plan on allowing to expire... I just dont carry much... and Im spending a lot more time at home), and one .22 semi auto rifle... again, happy for what I have.

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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 ***

This could be a slippery slope. Wouldn't want to get a family member jammed up for straw purchasing.

 

 

My wife and I share everything I own nothing exclusively.

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Directly from the ISP website, Firearm Services Bureau, FAQ section:

 

"Medical marijuana cardholders will not have their FOID or CCL cards revoked, or be denied issuance of a FOID or CCL card, due to their status as a medical marijuana cardholder. Such cards are State-issued, governed by State law, and State law requires that a person's status as a medical marijuana cardholder not result in the denial of any right or privilege."

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Directly from the ISP website, Firearm Services Bureau, FAQ section:

 

"Medical marijuana cardholders will not have their FOID or CCL cards revoked, or be denied issuance of a FOID or CCL card, due to their status as a medical marijuana cardholder. Such cards are State-issued, governed by State law, and State law requires that a person's status as a medical marijuana cardholder not result in the denial of any right or privilege."

 

Yep, but the 4473 is a Federal form governed by Federal law, and it still clearly prohibits marijuana use and deems it a disqualifier for 4473 mandated transfers, private sales between individuals that don't require a 4473 are the only way a marijuana user in Illinois can obtain a firearm legally.

 

Interesting dilemma in this above case, now that the seller has failed the background check, said FFL has a paperwork trail of reasonable belief (knows) the buyer is a marijuana user and thus a prohibited person if they continue to transfer outside the 4473 with a private transfer or proxy transfer or even sell the individual ammo from this point forward they are guilty of commiting a Federal crime.

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That’s how this god forsaken state will do ya.... They completely ignore federal rules and then you get screwed, then they say, hey but at least your FOID and CCL are still valid! :phone:

 

It's not just Illinois, every state that has implemented some form of cannibis "sanctuary state" status has offered the same tradeoff to its citizens.

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You may not remember it, but you waived your HIPAA protections, giving the state access to your medical records, when you applied for your CCL. I believe the waiver expires when the CCL does.

Where is that in the application?

Unfortunately, I paid to have someone do mine. I had to answer the questions on a form, but permission to access to medical records was not one of them.

 

I don't recall if it was a checkbox or a block of legalese, but I remember not liking it when I saw it. It's how the state knows when/if people are admitted to hospitals for psych reasons.

 

FWIW the other states whose residents IL grants non-resident CCLs do the same thing (or at least the ISP thinks they do).

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There are 2 check boxes of legalese at the beginning of the online application for CCL that you must check to agree or you can't proceed. I don't help with too many FOID renewals but I believe they are on the FOID application as well.

check page 11. I cant get a screen shot

 

https://ispfsb.com/Public/Firearms/CCLOverview.pdf

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Now that I read that, I wonder if companies can still fill out the application for you?

They also ask if you are a medical MJ card holder in the questions further down.

I would be curious who are the vendors they use, and is the vendor allowed to sell our data, and does the state or other Illinois government entity sell any of that data that is provided. The disclaimer reads like a tech company.

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e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside

 

I gave up before I left to pick up my firearm and I have none in my pockets,

Answer NO

 

A card is no proof of use or possession.

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A card is no proof of use or possession.

Nailed it. And think there is a case here, especially with legal recreational usage now. If you get a medical marijuana card and never use marijuana, you get denied. If you do not have a medical marijuana card, use recreational marijuana, you won't be denied. That shows you are specifically being discriminated against for having a medical marijuana card.

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