Medical Marijuana Card Holders Cant Buy New Guns

Posted by: Russell Hebets       12-Oct-2010       (0) Comments        Back to Main Blog

Colorado gun shop owners are seeing an increase in calls questioning whether medical marijuana users, complying with state law, are able to purchase new firearms. The response from gun store owners is, “No.” According to Matt Solomon, owner of Alpine Arms in Eagle, people who hold medical marijuana cards may be complying with state law, but marijuana possession is still a federal offense and federal law applies when buying or selling guns through licensed dealers.

People buying guns through dealers must complete a form from the federal Bureau of Alcohol Tobacco and Firearms. That form asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” If the person filling out the form answers yes, the gun-buying process stops. If the person answers no, and is later found to have lied, it could result in being charged with a federal crime because In the feds’ eyes, anyone using marijuana is an “unlawful user,” regardless if state law.

Once again, this is a dividing issue over state law vs. federal law that will have Denver criminal attorneys stepping up to defend an individual’s rights. There are currently 14 states (plus Washington, D.C.) that have legalized marijuana for medicinal use, and 8 more states with pending legislation or ballot measures.

To read more, see Vail Daily article, image by richdrogpa [Flickr]

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