Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Something key to remember, just like it is not illegal in New Jersey to merely have a Pennsylvania License To Carry card, it is not illegal under Federal law to merely have a Pennsylvania issued Medical Marijuana card. In regards to firearms, it is illegal under Federal law to possess a firearm, in or affecting interstate commerce, while an unlawful user of or addicted to marijuana or other controlled substances. The same applies to ammunition and it’s components. It is also illegal to lie to an FFL about whether one is unlawful user or being addicted to marijuana (ie. on form 4473, etc.) While BATFE has indicated that possession of a state issued medical marijuana card may give an FFL reasonable cause to believe that the card holder is an unlawful user of or addicted to marijuana, it doesn't mean they in fact are.

    You can possess a Pennsylvania License to Carry a Firearm card, and have never possessed or used a firearm in your life. You can also possess a Pennsylvania Medical Marijuana card and never have possessed or used marijuana in your life. It is the controlled substance it self that may be the legal problem and not the card, per se. Having the card just raises suspicion that one is an unlawful user or addicted to marijuana for Federal firearms law purposes. Though, there may be laws in other states and jurisdictions that may also come into play depending where one is.
    Last edited by Mosinshooter762; October 13th, 2019 at 07:03 PM.

  2. #22
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by Mosinshooter762 View Post
    Something key to remember, just like it is not illegal in New Jersey to merely have a Pennsylvania License To Carry card, it is not illegal under Federal law to merely have a Pennsylvania issued Medical Marijuana card. In regards to firearms, it is illegal under Federal law to possess a firearm, in or affecting interstate commerce, while an unlawful user of or addicted to marijuana or other controlled substances. The same applies to ammunition and it’s components. It is also illegal to lie to an FFL about being whether one is unlawful user or being addicted to marijuana (ie. on form 4473, etc.) While BATFE has indicated that possession of a state issued medical marijuana card may give an FFL reasonable cause to believe that the card holder is an unlawful user or addicted to marijuana, it doesn't mean they in fact are.

    You can possess a Pennsylvania License to Carry a Firearm card, and have never possessed or used a firearm in your life. You can also possess a Pennsylvania Medical Marijuana card and never have possessed or used marijuana in your life. It is the controlled substance it self that may be a Federal legal problem and not the card. Having the card just raises suspicion that one is an unlawful user or addicted to marijuana for Federal firearms law purposes. Though, there may be laws in other states and jurisdictions that may also come into play depending where one is.
    PICS will deny people with recent arrests for paraphernalia possession.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  3. #23
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by GunLawyer001 View Post
    PICS will deny people with recent arrests for paraphernalia possession.
    PICS is an administrative matter. Though, as you always point out, it can turn into a criminal matter.

    Be that as it may, lets says one gets arrested for marijuana possession when it was actually oregano one was carrying for a pizza that was just bought. The government drops the case upon discovering this mistake. I understand it is FBI NICS Section policy to provide a deny response to a NICS check for one year in many drug arrest cases. Let’s say that happens in this example. I will leave it to your expertise on how you would challenge such a denial administratively.

    However, I think everyone would agree that the government wouldn’t be able to prove that one was an unlawful user of or addicted to a controlled substance based on the above facts in a criminal proceeding.
    Last edited by Mosinshooter762; October 13th, 2019 at 06:29 PM.

  4. #24
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by Mosinshooter762 View Post
    However, I think everyone would agree that the government wouldn’t be able to prove that one was an unlawful user of or addicted to a controlled substance based on the above facts in a criminal proceeding.
    Not really, mandatory drug testing would clear up any ambiguity.

    After all, nobody should mind pissing in a cup if they have nothing to hide.

    Also, if it saves just one child....

  5. #25
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by RockIsland View Post
    Not really, mandatory drug testing would clear up any ambiguity.

    After all, nobody should mind pissing in a cup if they have nothing to hide.

    Also, if it saves just one child....
    Sure, but what we need is UNIVERSAL piss testing. Install real-time detectors in every urinal and home toilet, which alert the police when activated.

    And then, because you know the real criminals will start pissing out in the fields into the straw, we'll need to ban "straw pissers".
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  6. #26
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    I think my fellow ‘common sense gun safety, sensible gun reform’ activists are being too easy here. The gun dealer should also have to administer lie detector tests on all gun buyers as to the 4473 form, and any other of the countless questions that could be added in the future. Mandatory searches of prospective purchasers houses, cars, papers, and effects should also be conducted. We can also add any number of other ‘reasonable restrictions’ to gun purchasing.

    Remember, as such activists, we don’t really care that the criminal element is not affected by such requirements. All we care about is that we stop otherwise generally law abiding people from legally acquiring firearms. Also, we want to make sure that dealers, the state police, and others keep good records as to the who and the address of those in which firearms are transferred to so its known where to start searching when serving ‘red flag’ gun confiscation orders and other confiscatory measures that may be enacted. But shh, we don’t want to implement these measures all at once. We don’t want the public to realize how much of a fraud our ‘gun reform’ efforts really are in terms of enhancing public safety.

    Darn it, Beto may of let the cat out of the bag as to our real goal.
    Last edited by Mosinshooter762; October 14th, 2019 at 10:04 AM. Reason: .

  7. #27
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by JenniferG View Post
    If someone living with me said they were going to get a medical pot card I would ask them to go see a real doctor first.
    Yes, go see a real doctor so they can get Xanax or Oxycotin because although far more dangerous and addicting they are socially acceptable.

  8. #28
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by 4thdimension View Post
    Yes, go see a real doctor so they can get Xanax or Oxycotin because although far more dangerous and addicting they are socially acceptable.
    Probably safer, less expensive, more effective and you get to keep your 2nd amendment rights to take a sugar pill capsule marked Pothead.
    The path that leads to truth is littered with the bodies of the ignorant

  9. #29
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    Default Re: Legal implications of living with someone who has a medical marijuana card?

    Quote Originally Posted by JenniferG View Post
    Probably safer, less expensive, more effective and you get to keep your 2nd amendment rights to take a sugar pill capsule marked Pothead.
    Do you really think prescription narcotics are safer than weed? You do realize our country is in the middle of an opiate edidemic right?

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