Medical MJ patients getting arrested for trying to purchase guns in Pa?

**abner13** · February 29th, 2020, 09:36 AM

Did he answer yes on the 4473 MJ question?

**4thdimension** · February 29th, 2020, 09:40 AM

Originally Posted by abner13

Did he answer yes on the 4473 MJ question?

I don't know all the details. He just said the guy got in trouble for being a MM patient. Supposedly law enforcement isn't supposed to have access to patient info which means they should be able to pass the back ground check.

**Snuff** · February 29th, 2020, 09:55 AM

I just did a form 1 a couple weeks ago and it specifically mentions "medical marijuanas". I forget the exact question though.

**4thdimension** · February 29th, 2020, 10:37 AM

Originally Posted by Snuff

I just did a form 1 a couple weeks ago and it specifically mentions "medical marijuanas". I forget the exact question though.

It does. However, Pennsylvania supposedly doesn't share patient info with law enforcement so patients can buy guns. If medical mj patients are getting busted for trying to buy guns than that means patient info is getting leaked. I am wondering if they are sharing info.

**HKusp 45** · February 29th, 2020, 11:15 AM

Originally Posted by CallinSIC

A good friend of mine has a medical marijuana card and has a Ltcf and has purchased firearms with no problems..

If I recall correctly it's still federally prohibited to use therefore it is illegal (per federal law) to purchase or own .... I could be wrong but just because the state doesn't feel that way it's still illegal and can be a door to a very bad situation. Mind you I am not a lawyer I'm assuming Phil will jump in here and confirm adjust or correct this statement as needed.

The reasoning being it asks if you are an unlawful user on form 4473 and technically with or without a card it's federally prohibiting so the answer is yes which is a disqualification.

**esh21167** · February 29th, 2020, 11:53 AM

Originally Posted by HKusp 45

If I recall correctly it's still federally prohibited to use therefore it is illegal (per federal law) to purchase or own .... I could be wrong but just because the state doesn't feel that way it's still illegal and can be a door to a very bad situation. Mind you I am not a lawyer I'm assuming Phil will jump in here and confirm adjust or correct this statement as needed.

The reasoning being it asks if you are an unlawful user on form 4473 and technically with or without a card it's federally prohibiting so the answer is yes which is a disqualification.

I would tend to agree with this.

As far as the OP, there is likely more. Maybe he already had a prohibiting conviction and LE knew of his attempt to purchase. Maybe the PICS call found that. He may have just happened to ALSO be a medical marijuana user.

**CallinSIC** · February 29th, 2020, 11:54 AM

But, technically wouldn’t they have to prove that you did “use” marijuana...? Having access to mj isn’t the same as smoking it...
Yes, he would be lying on the form, but how do they prove it..?

**Delkal** · February 29th, 2020, 12:12 PM

The federal govt has firearm / marijuana statutes but does anyone know if Pa has any on the books (besides for a LTCF)? The Pa police have charged prohibited people who try to buy firearms, but this is also a state law. Not just federal.

**Exbiker** · February 29th, 2020, 12:19 PM

Curious, if you get the card and make a purchase at a dispensary is that purchased logged with the state and have a paper trail?

**JenniferG** · February 29th, 2020, 07:00 PM

This all sounds pretty complicated for your average everyday pot head just trying to get a buzz. Stick to your regular seller and you won't have these problems or grow your own.