Anti-depression Meds and background checks?

[R L Suehr]

There is no "gray area". PICS queries NICS, and at this time, if you use marijuana, you ARE a prohibited person in the eyes of the law. If you have a medical MJ card but have never actually used MJ, as far as the authorities go, you are STILL prohibited. This means NO possession of guns or ammo, not just "I can't buy any more guns after I start using mj." I'm not saying I agree with this, but it is the current legal reality. This is well documented by both BATFE and PSP.

If/how the powers that sign off on FFL transactions find out about it are irrelevant. If you do it and answer the transfer form questions honestly, you will be denied. If you lie, you risk losing your rights for life.

^^^this^^^

They even added to the 4473 to address this. If you have a Medical MJ card, you are technically a prohibited person.

[EFK]

Okay thanks folks I think I got it. Mental health only becomes an issue if it enters the legal system. With pot essentially legal now, I can't imagine someone getting a medical marijuana card unless you want to use it under a doctor's supervision.

Well actually it's not essentially legal. Some states are recreational free for all, some states are med only, but it's still illegal at Fed level. Fed is simply choosing not to enforce is how it seems to me. Congress would need to act to render it legal. And insofar as medicinal use, the concept of it being "under a doctor's supervision" is a joke. Just google medical mj card in PA, there are a plethora of online services where you basically just pay the $200 visit fee, talk to a doctor virtually through zoom or whatever for about 5 minutes *almost all of them on the "honor system" i.e. you do not have to supply records to verify your condition, and then you give the state your $50 for the card. Done with doctor for a year until you need to renew.

What gnbrotz states is EXACTLY correct as of right now. You're in a catch-22: be honest and you'll be denied, med card or not, lie and it may come back to bite you.

[jthrelf]

There is no "gray area". PICS queries NICS, and at this time, if you use marijuana, you ARE a prohibited person in the eyes of the law. If you have a medical MJ card but have never actually used MJ, as far as the authorities go, you are STILL prohibited. This means NO possession of guns or ammo, not just "I can't buy any more guns after I start using mj." I'm not saying I agree with this, but it is the current legal reality. This is well documented by both BATFE and PSP.

If/how the powers that sign off on FFL transactions find out about it are irrelevant. If you do it and answer the transfer form questions honestly, you will be denied. If you lie, you risk losing your rights for life.

I should have clarified. He asked if having a card would make you fail the background check. The answer to that is "maybe" or "not necessarily". However, you ARE on the wrong side of the law. Two different questions really of "will I fail" vs "am I breaking the law".

[Mosinshooter762]

I really doubt the government would be able to get a conviction in court for knowingly being a unlawful user/addict of a controlled substance just because you happen to have a plastic card without actually producing some other evidence proving unlawful use/addiction.

Would having a card alone even make a prima facia case of it in a criminal case? Seems the NICS system is being abused if they are denying for this reason alone.

[Gun]

Your medical history and your patient-doctor relationship are theoretically private...

Not true, if you, the patient could be a risk to yourself or others.

A doctor's office called me about an older relative, and concerns with this relative driving a car. The office stated they could have the relative's DL revoked, on medical conditions (dementia).

If you seek consult for depression from a doctor, most likely, the doctor will ask if you have firearms. This could be a problem, for you.

[Keith A]

Hypothetical question here. Firearms owner has occasional bouts of depression, decides to see a doctor, who prescribes medication. Does this mean that he will fail future background checks because of psychological issues?

I have a friend who has been denied a purchase twice in the last year. No criminal history, no MJ card no mental health issues in record. Was prescribed anxiety medication two years ago. No other reason either of us can figure why he would fail background check

[bug]

What reason does PSP give when he submits challenge?

[gamer_jim]

I have a friend who has been denied a purchase twice in the last year. No criminal history, no MJ card no mental health issues in record. Was prescribed anxiety medication two years ago. No other reason either of us can figure why he would fail background check

I believe you can ask why a particular NICS check was denied.

I've read stories about many people who are initially denied because they have a similar name as a prohibited person or somehow the government's system screwed up. It took them a few extra weeks worth of phone calls and letters but eventually got it cleared up.

Do you know if your friend tried to appeal the denial?

If it was for anxiety and he is not otherwise prohibited, then it may be grounds for a 2A lawsuit.

[EFK]

"If it was for anxiety and he is not otherwise prohibited, then it may be grounds for a 2A lawsuit."

No, it IS grounds for a lawsuit.

[huzzar]

Just to say: this is why we have to fight red flag laws. Yes, they will add a list of pharmaceuticals that will prohibit gun ownership or possession. The anti gunners would add St. John's Wort if they could.