Second amendment and medical permit

I'mOne

Well-Known Member
Many Oklahoma residents are afraid to apply for a medical permit to smoke because they are told it will interfere with the right to own a gun. Apparenlty the argument goes that the Feds view weed as a schedule one drug and schedule one drug use prohibits weapons ownership. Is there any way the state can keep the Feds from viewing those records? I just applied for my card. I dont plan on buying a gun soon and can always register it in my wifes name. What will happen to the two guns i currently own?
 
Think you would have to get into trouble with the law or the guns for ones you own affecting anything, but far as getting a permit/purchasing one it could be a potential headache:

Medical marijuana or guns? Oklahoma latest state forced to choose

Every State has different rules on guns, only a few Federal ones that I know of (no rocket launchers etc...), but they could possibly change it to some sort of Federal thing for license, but I would think that a long shot. Feds can kinda do what they want, though may have to go thru the courts to get a State to cough up the info (or they could just access it "illegally"), but yeah one of the concerns of some folks of being on a list somewhere be it for guns or their medical licenses (why some Doctors want nothing to do with "recommending it" ) or what have you until the Feds get in same parameters as the States on it's Scheduling.
 
Think you would have to get into trouble with the law or the guns for ones you own affecting anything, but far as getting a permit/purchasing one it could be a potential headache:

Medical marijuana or guns? Oklahoma latest state forced to choose

Every State has different rules on guns, only a few Federal ones that I know of (no rocket launchers etc...), but they could possibly change it to some sort of Federal thing for license, but I would think that a long shot. Feds can kinda do what they want, though may have to go thru the courts to get a State to cough up the info (or they could just access it "illegally"), but yeah one of the concerns of some folks of being on a list somewhere be it for guns or their medical licenses (why some Doctors want nothing to do with "recommending it" ) or what have you until the Feds get in same parameters as the States on it's Scheduling.
It really comes down to the ATF and the NICS. The NICS is the agency that does all the background checking for the ATF, and not very state is consistent with what they report to the NICS. Some states have privacy laws where they won't report it to the NICS, so the NICS doesn't pass the information to the ATF, so you never get flagged as 'prohibited'. That makes you legal at a state and local level ( supposing no one can prove you KNEW you were prohibited at a federal level ) but you could still be tried in federal court.


In the OP's situation, the first thing I would do is pawn the guns. PAWN them, not sell them. Reason this is a good idea is because then they're out of your possession, and you now have funds for legal counsel. Depending on what counsel says, or if you become a prohibited person, you or your wife can then retrieve them out of pawn. They have to perform a background check at the pawnshop to give them back to you, so that also CYA in terms of showing them as belonging to your wife and not you--because she would be the last person on an ATF registry to have them transferred to, and because it would be conducted by an FFL, it would be above scrutiny in terms of how legal the transfer to your wife was.

Unfortunately if you do become a prohibited person, then you really wouldn't be able to use the guns legally for hunting or recreational purposes anymore. Self-defense issues are a little easier, because as long as your wife keeps them in a safe that she can reasonably prove you do not have regular access to, then during an emergency she could give you the combination or the key or something and you could use the firearm in self-defense legally.

Honestly you've probably heard it before, but it's really an issue you need to talk to a lawyer about. Because the intricacies of gun laws and medical marijuana laws are so varied state by state, there's no way for lay people like us to give you good advice without going and reading the state laws ourselves. Then you have to rely on how accurate our interpretation of those laws are, etc. I wouldn't trust my freedoms to that.

If you can't afford legal counsel at all and/or are unwilling to give up your guns, then the first thing I'd research are your state laws regarding reporting to the NICS. I would ask whatever agency or authority is giving you your medical marijuana card about this directly, as they're very likely to know themselves if there is privacy legislation in the medical marijuana act. You might also ask a FFL dealer if they're willing to discuss it with you, as they're likely to have pretty good knowledge about what their local government does and does not report to the NICS.
 
Back
Top Bottom