Moderators: longhair, Copperhead, Leadhand, EM2

#974593 by SturgisSoundguy
Wed Mar 28, 2018 5:42 pm
I was talking with a guy I do shows with in Nevada. He went to a pot shop with another friend who wanted to go to the pot shop and get some pot or edibles. Anyway apparently when you go to a pot shop they get your ID and enter it into a computer (to do a state background check? They didn't tell him anything just asked for his ID) just to get past the entry lobby and into the "retail" part of the pot shop.

My friend didn't buy anything, just went in with the other guy who did buy pot.

Fast forward a few months, my friend went to buy a pistol, he has a valid NV CCW so they do the NV state quick check not the normal NICS check. He got denied. Being a good customer of the gun shop for years the gun shop offers to call and find out what's up. The State Of NV says he is now in the "known drug users" database. The gun shop called NICS, and NICS says he is in the federal known drug users database. Fortunately since Nevada has the quick check for CCW holders he didn't fill out the federal form for a purchase of a firearm and thus never checked or didn't check the box on the federal form asking about drug use so no federal crime committed about lying on the form about drugs. He got a notice his CCW is cancelled. He lives alone, and under NV state and Federal law he cannot legally possess firearms anymore. He just hired a lawyer to try to get is name removed from the state known drug users list, and then he has to try to get off the federal known drug users list. It doesn't look promising.

All for going in to a pot shop with a friend.

Apparently this happened to other people in the past. A woman with a NV medical marijuana card took her case to the NV Supreme Court because she was denied during the background check. The NV Supreme Court ruled she was a known drug user and her guns were confiscated.

Nevada "legalized" medical and recreational marijuana but Nevada follows federal firearms laws/regulations regarding drug use for gun purchases and possession.
#974594 by EM2
Wed Mar 28, 2018 6:48 pm
It seems like in Nevada, you got your choice; Weed or Guns. If you need the medical assistance, you going to have give up your guns. Not fair but it's the law...until it changes.....
#974617 by SturgisSoundguy
Thu Mar 29, 2018 2:01 pm
I'm sure every state that has some form of medical or recreational marijuana has the same state/federal requirements for giving that info to the state/feds for gun purchases. Current Federal law is if you are a known drug user you are prohibited from owning/possessing/purchasing guns.

All gun sales using the federal form has the same question about if you are a drug user in every state. It's a felony if you check "no" and you are on some list for medical marijuana or other known drug activity.

S.D. has 2 levels of CCW, the normal CCW, you still have to go through the state/federal background check for retail gun purchases (we also have legal no paperwork private gun sale in S.D.) and a more detailed federal level background check for a different CCW where you don't have to do background checks at the retail places as long as that CCW is valid.

I'll be doing two events for 4 days in Nevada in the next couple of weeks and then in Palm Springs for 8 days in May. I don't know if my friend will have found out anything about his lost CCW/gun rights by then but I'll be visiting with him before heading back home to Sturgis.

EM2 wrote:It seems like in Nevada, you got your choice; Weed or Guns. If you need the medical assistance, you going to have give up your guns. Not fair but it's the law...until it changes.....
#974618 by EM2
Thu Mar 29, 2018 4:02 pm
keep us posted because it is an interesting issue/topic.
#974642 by freewilly
Fri Mar 30, 2018 12:58 pm
I've been to Washington State a number of times recently and visited pot shops. Sometimes they look at my I.D. but have never scanned or recorded the information. The last few times they never asked for I.D. I can find no information on a Federal Database of Known Drug users.
#974693 by SturgisSoundguy
Mon Apr 02, 2018 7:04 pm
That is the reason that specific question about drugs is on the Federal gun purchase form the dealers have you fill out when you purchase a firearm, if you are a known drug user and lie about that question on the form it is a Federal Felony.

The lady I referred to in Nevada that took her case to the Nevada Supreme court is pretty easy to find her case with a quick internet search.

It is really easy to find the info on the Federal Law (and your own specific state law, Calif has that as a state law, South Dakota does as well, probably every state in the country) that refers to known drug users not legally able to purchase or possess firearms, that together with the drug question on the Federal gun purchase form would lead me to believe somewhere in NICS/FBI there is some form of database.

Do a quick internet search for gun/drug laws and if you like your 2A rights you might want to consider staying off the radar.
#974701 by freewilly
Tue Apr 03, 2018 8:24 am
My wife just completed a CCW class but has yet to apply for the permit. When she does I guess we'll find out if what you say is true. She had a medical marijuana card here for a couple years so that would put her on a known drug users database if such a thing exists. As far as flying under the radar if the pot shop does not record my information how am I at risk for being added to this database?

Why would Nevada have to provide information to a Federal Database and Washington not?
#974713 by SturgisSoundguy
Tue Apr 03, 2018 5:36 pm
Here is a quick search result you might want to look at about laws concerning guns and medical marijuana users, interestingly this came up on the web search I did for Montana marijuana/firearms restrictions along with a boatload of State Of Montana DOJ and Attorney General links regarding the specific Montana state statutes I just didn't feel like reading through:

https://www.leafly.com/news/cannabis-10 ... -own-a-gun" onclick="window.open(this.href);return false;

This is an excerpt from that article:
"She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.

The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug."

After the Ninth Circuit Court ruling, the Bureau of Alcohol, Tobacco, Firearms and Explosives added a warning to the Firearms Transaction Record, or Form 4473, amending the question regarding whether or not the prospective firearm owner uses or is addicted to marijuana:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

“Just say the four magic words: 'I want my attorney.'”
Christopher Morales

Saying “yes” means that even otherwise law-abiding medical marijuana patients or adults using cannabis in a legal state are not considered eligible to own a gun under federal law. Saying “no” is considered perjury and is punishable as a felony under federal laws.

You might want to check to see if the Montana Dept Of Justice keeps records on state registered medical marijuana users. Pretty much all state gun regulations follow the Federal laws. 406-444-3874 is the phone number for Montana DOJ. That's probably where you could call to find out about the Montana medical marijuana card and gun purchase/possession in your state, or if you have a lawyer friend ask that person.

I assume if the marijuana place does not record your information you have no worries. I don't know if Nevada law is different (i.e. they possibly have to report info to Nevada DOJ?) than Montana's, and I am only going by what my friend in Vegas has told me is happening with him, and what I know of South Dakota gun/drug laws, which are extremely strict. I didn't try to do a search for Washington state.

There is NO state where marijuana is truly legal as Federal Law trumps all state laws according to the U.S. Constitution and marijuana is illegal according to the Federal Gov't currently.

freewilly wrote:My wife just completed a CCW class but has yet to apply for the permit. When she does I guess we'll find out if what you say is true. She had a medical marijuana card here for a couple years so that would put her on a known drug users database if such a thing exists. As far as flying under the radar if the pot shop does not record my information how am I at risk for being added to this database?

Why would Nevada have to provide information to a Federal Database and Washington not?
#974714 by freewilly
Wed Apr 04, 2018 2:18 am
Thanks for the info. I do value my 2nd amendment rights and I don't want to be on anybody's database.
Makes me wonder if my wife does apply for her permit and is denied will my association with her be an issue when my permit is due to be renewed? She's not in a hurry to apply and she doesn't need to purchase a gun so it might be a while but I'll let you know what happens. This is a result of her desire to be legal and do the right thing but if I think it will affect my CCW she will have to go without one.
#974728 by DOGZ
Wed Apr 04, 2018 10:18 am
In ohio medical starts up in September this year, you can not have a CCW & medical card. One or the other. I hear some are working on trying to get this changed.
#974729 by SturgisSoundguy
Wed Apr 04, 2018 12:46 pm
With the Federal Court rulings on guns and drugs in place so far only the Federal Gov't can change the pot laws, states can't "legalize" marijuana use AND allow gun possession/purchase in violation of current Federal Law.
#975557 by SturgisSoundguy
Mon May 21, 2018 6:18 pm
Sacto unfortunately you are wrong on this one. The 9th Circuit Court Of Appeals in California already ruled if you use pot you lose your rights to own/possess guns.

It's just a matter of time before gun-grabbing California politicians will look at "legal" marijuana and then look at the Cal DOJ Gun Background Check list and start matching up names and addresses for people who have applied for business licenses in the marijuana grow/distribution and since marijuana is not a federally approved drug I'm guessing there is no patient privacy rights to keep medical marijuana records from being requested from whatever state/local government agency processed those applications.

Since Federal Law trumps state law, in this instance the idiot politicians in Calif will eventually gleefully use Federal Law to work to take as many guns from Calif citizens as they can. You might want to consult a California lawyer on this but here is an article explaining how this has already been decided in California, just not enforced against gun owners YET.

http://www.laweekly.com/news/stoners-an ... ys-7333960

Staying completely off the radar is your best bet in any state with state "legal" marijuana if you like your 2A rights until Federal Law changes.
#975574 by sacto
Tue May 22, 2018 9:40 pm
you are right ,but the dispensaries i have been to have not asked for any form of id when purchasing , and have been there with active and retired chp , sac pd , not sure if california wants our guns or to piss off trump and the feds more :D i know there is lots of legislation going right now to remove firearms from certain groups of people who are deemed a risk to others but from what i hear no courts want to hear these because its to close to the 2nd amendment . and as for the thousands of of "lists" if you fly don't get on the tsa 95 list or any other tsa list of which are many :lol:

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