Jump to content

Clarity on MM and Caretaker firearm rights


DD123

Recommended Posts

So this came up as a topic of conversation last night, and I couldn't give a good answer because it's not something I've had to deal with, so I said I'd find out.

 

A friend of mine, his mom is getting a medical marijuana card because she was diagnosed with cancer, and he said he was going to get the caretaker card, since he's her caretaker, but he was concerned about his ability to purchase firearms being denied during a NICS check.

 

He currently has a FOID, and is getting ready to take the CCL classes, but doesn't want to lose his rights based on being a caretaker that doesn't smoke marijuana, and really doesn't have any plans to.

 

Even though I disagree with MM card holders being denied, I understand why, but if that's also true for the caretaker, then that's retarded.

 

Have there been any updates to this yet? I just want to make sure that I'm giving him accurate information and after doing a search, I came up with a thread that didn't really answer the question.

Link to comment
Share on other sites

I think I recall Molly saying they will not be denied based solely on the MM card. Perhaps she will confirm that. She had to get that squared away with the ISP apparently.

Hopefully she can provide some clarity, but the question pertains to the caregiver rather than the MM user.

 

My friend's mom has no interest in guns, and doesn't own any so that's not really a concern, but my friend getting denied on the NICS for holding the caregiver card would be a problem. I know that ISP won't deny him, but I haven't heard anything solid on whether a caregiver card would result in a NICS denial.

Link to comment
Share on other sites

I recently had this same issue in November as my wife qualifies for her medicinal marijuana card and I was going to get a caregivers card but was told that I would not be able to make future purchases unless they are through private sellers. I believe that once your caregivers card expires you still have to wait 1 year in order to make purchases again that are not private sales. I know we had a discussion about this same issue on a different thread in November.
Link to comment
Share on other sites

Are MM Cards and MM caregiver cards reported to the FBI?

 

If not, IMHO the only potential hangup would be the answers provided on the 4473 when buying from an FFL.

 

Question 11.e. states, “Are you an unlawful user of, or addicted to, marijuana... or any other controlled substance?” A caregiver could accurately and honestly answer “no,” even if possession still violates federal law.

Link to comment
Share on other sites

Are MM Cards and MM caregiver cards reported to the FBI?

 

If not, IMHO the only potential hangup would be the answers provided on the 4473 when buying from an FFL.

 

Question 11.e. states, “Are you an unlawful user of, or addicted to, marijuana... or any other controlled substance?” A caregiver could accurately and honestly answer “no,” even if possession still violates federal law.

 

I know for certain the mm card holders are reported to NICS. I’ve read about quite a few people who were denied but still nothing from caregivers.

Link to comment
Share on other sites

So I let my friend know that it's likely that he'll be reported to NICS. He's obviously not too happy about that, but it seems he has no other choice in the matter.

 

I told him that if he planned on buying any guns, to do it now before he applies for the caregiver card. It's so completely asinine that someone who isn't even using medical marijuana is also prevented from being able to pass a NICS check. Neither the caregiver nor the medical marijuana user should be reported to NICS, but the caregiver makes even less sense.

 

Thanks for all of the input. If anyone here has direct experience as a caregiver, specifically with filling out a 4473 please post your experience and whether or not the check came back approved.

Link to comment
Share on other sites

 

 

A caregiver wont loose a FOID card or FCCL. But will be denied on an NICS check.

Future purchases will have to be done through private sales.

At least until waiting 1 year after giving up the MM card from what I read on previous posts here.

Yes this is true. What the person at the office said was that 1 year after the MM or CG card expires will be when you will be cleared. Not the day after it expires but 1 whole year. Which is why I decided to opt out of being her CG.

Link to comment
Share on other sites

There is not much to be clear about. The muddy waters had been cleared up awhile ago...

 

If I am a qualifying patient or designated caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act and hold a valid Medical Cannabis Card, are my Firearms Owners Identification Card and Concealed Carry License still valid?
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.
Link to comment
Share on other sites

This whole thing is such a twisted up fiasco of government BS!! They are literally preaching every night on the evening main street media news that there's an OPIOID CRISIS IN America due to the over prescribing of opioid pain killers! And yet, on the other hand, they are making every effort to stifle the progress of medical marijuana as a viable substitute in the treatment of chronic pain!!

Link to comment
Share on other sites

So in essence the situation results in the same old government style oppression. Medical marijuana users are prohibited under federal law whether they actually use or possess the product. In recreational use states you can continue to buy firearms and engage in your unlawful activity nothing will prevent your purchase unless you are actually caught and convicted of something.

 

 

Sent from my iPad using Tapatalk

Link to comment
Share on other sites

I saw on the news that states that have recreational marijuana have lower opioid abuse rates, even lower than states with medical MJ.

 

So, In IL, can you buy a firearm with your FCCL and forgo the background check? In TX, we just show our LTC and walk out with the purchase 30 minutes later.

Unfortunately unlike Texas and Florida, the FCCL doesn't work as an instant BG check because that would make too much sense. This is Illinois after all, so in order to understand the way the politicians here think, one would need to find a brick wall, stand about 20 yards back, lower one's head like a ram, then run full speed, headfirst into the brick wall. After regaining consciousness, only at that point can one understand the way our legislators think.

Link to comment
Share on other sites

 

I am not sure about the caretaker cards. At worst, they would have to purchase firearms through private transactions.and violate federal law - cool

How would a private purchase of a firearm by a caregiver violate federal law? I know of no statute prohibiting this.

 

 

they're a federally prohibited person

Link to comment
Share on other sites

 

 

 

I am not sure about the caretaker cards. At worst, they would have to purchase firearms through private transactions.and violate federal law - cool

 

 

How would a private purchase of a firearm by a caregiver violate federal law? I know of no statute prohibiting this.

 

 

 

 

they're a federally prohibited person

 

Can you point me toward the statute that categorizes them as such?

Link to comment
Share on other sites

18 USC 922 ( g ) defines a prohibited person as:

 

(1) a person convicted of a crime punishable by imprisonment exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or who is addicted to a controlled substance;

(4) a person who has been adjudicated as a mental defective or who has been admitted

to a mental institution;

(5) an alien who is unlawfully in the United States or who has been admitted to the

United States under a nonimmigrant visa;

(6) a person who has been discharged from the Armed Forces under dishonorable

conditions;

(7) a person who, having been a citizen of the United States, renounces his citizenship;

(8) a person subject to a court order that was issued after a hearing in which the person

participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;

(9) a person who has been convicted of a misdemeanor crime of domestic violence.

 

 

(3) above uses the term “unlawful user of or who is addicted to...”

 

AFAIK a caregiver is neither.

Link to comment
Share on other sites

18 USC 922 ( g ) defines a prohibited person as:

 

(1) a person convicted of a crime punishable by imprisonment exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or who is addicted to a controlled substance;

(4) a person who has been adjudicated as a mental defective or who has been admitted

to a mental institution;

(5) an alien who is unlawfully in the United States or who has been admitted to the

United States under a nonimmigrant visa;

(6) a person who has been discharged from the Armed Forces under dishonorable

conditions;

(7) a person who, having been a citizen of the United States, renounces his citizenship;

(8) a person subject to a court order that was issued after a hearing in which the person

participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;

(9) a person who has been convicted of a misdemeanor crime of domestic violence.

 

 

(3) above uses the term “unlawful user of or who is addicted to...”

 

AFAIK a caregiver is neither.

That would actually make a great court case. The caregiver isn't using the drugs, and the question specifically asks if you're an unlawful user or addicted to a controlled substance. If they deny your BG check based on that, it would stand to reason that you can file a lawsuit. Obviously the actual MM card holder is the person using so there's no disputing that, but the caregiver isn't.

Link to comment
Share on other sites

Announced today:

“Attorney General Jeff Sessions is going after legalized marijuana. Sessions is rescinding a policy that had let legalized marijuana flourish without federal intervention across the country.”

http://www.whio.com/news/national/newsbreak-end-policy-that-let-legal-pot-flourish/Kd61Glwk6S8ro3cgudm3TO/

Back to the good 'ol days of the 60s. Talk about being out of touch.
Link to comment
Share on other sites

 

Announced today:

“Attorney General Jeff Sessions is going after legalized marijuana. Sessions is rescinding a policy that had let legalized marijuana flourish without federal intervention across the country.”

http://www.whio.com/news/national/newsbreak-end-policy-that-let-legal-pot-flourish/Kd61Glwk6S8ro3cgudm3TO/

Back to the good 'ol days of the 60s. Talk about being out of touch.

 

What is he really doing? My interpretation was that he is giving the power to the state to fix things. Most of the states that are legal now have tax money coming in in droves. I don't see any of them giving up that cash cow. Besides the legal states mostly being liberal to begin with, I don't see much anything changing.

 

Did I hear that Chicago will be putting the question on the next ballot regarding legalizing? I wonder how that vote will turn out.

Link to comment
Share on other sites

 

 

Announced today:

“Attorney General Jeff Sessions is going after legalized marijuana. Sessions is rescinding a policy that had let legalized marijuana flourish without federal intervention across the country.”

http://www.whio.com/news/national/newsbreak-end-policy-that-let-legal-pot-flourish/Kd61Glwk6S8ro3cgudm3TO/

Back to the good 'ol days of the 60s. Talk about being out of touch.

 

What is he really doing? My interpretation was that he is giving the power to the state to fix things. Most of the states that are legal now have tax money coming in in droves. I don't see any of them giving up that cash cow. Besides the legal states mostly being liberal to begin with, I don't see much anything changing.

 

Did I hear that Chicago will be putting the question on the next ballot regarding legalizing? I wonder how that vote will turn out.

 

I'm not quite sure how you're reading that, but letting federal prosecutors decide how aggressively to enforce federal law isn't giving the power to the states. It's actually the exact opposite of giving the state's power.

Link to comment
Share on other sites

 

What is he really doing? My interpretation was that he is giving the power to the state to fix things. Most of the states that are legal now have tax money coming in in droves. I don't see any of them giving up that cash cow. Besides the legal states mostly being liberal to begin with, I don't see much anything changing.

 

 

 

 

 

Did I hear that Chicago will be putting the question on the next ballot regarding legalizing? I wonder how that vote will turn out.

 

I'm not quite sure how you're reading that, but letting federal prosecutors decide how aggressively to enforce federal law isn't giving the power to the states. It's actually the exact opposite of giving the state's power.

 

Maybe I was reading too quickly.

 

All of the recent state issues from this to sanctuary status, even reciprocity among other things sooner than later need to hit the court system and put final answers on it all.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...