Lose a CWP With a Medical Marijuana Card?
Lose a CWP With a Medical Marijuana Card
Can I Lose a CWP With a Medical Marijuana Card? Will I Lose a CWP With a Medical Marijuana Card? Its a question we hear almost daily. Losing a Concealed Weapons Permit, and 2nd Amendment rights continue to be a concern among medical marijuana cardholders. Florida continues to see no evidence of gun owners losing their CWPs. In fact, Nikki Fried, Agriculture Commissioner, has gone on record saying gun permits will not be denied to medical marijuana patients. She has also said that she too has a CWP and a medical marijuana card.
This, at the time, is separate from the PURCHASE of a firearm. A medical marijuana card may protect you from a misdemeanor pot arrest at the state level, but it flags gun buyers as unlawful users of a controlled substance at the federal level through their responses on the Firearms Transaction Record, also known as Form 4473, which under federal law must be filled out before the purchase can take place.
The form asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or any other controlled substance?” Despite the fact that medical marijuana is legal in 33 states and the District of Columbia, the feds in January 2017 added in bold: “Warning: The use or possession of marijuana remains unlawful under federal law regardless if it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
Answering yes to the question can result in an automatic denial of your right to purchase a gun from a licensed dealer.
Several lawsuits have been filed in recent years alleging the limitation violates the Second Amendment. In 2016, the U.S. Ninth Circuit Court of Appeals upheld the federal ban, ruling that any argument or evidence that medical marijuana cardholders are less likely to commit crimes is "not sufficient to overcome Congress’s reasonable conclusion that the use of such drugs raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”
That ruling applies to the nine Western states under the court’s jurisdiction, including California, Hawaii, Washington, and Oregon.
Also, some police departments in Pennsylvania, Illinois, and Hawaii have taken it upon themselves to enforce federal law over state law by informing medical marijuana patients they must either turn in or dispose of their guns. Though there was some retreat after gun owners complained, the Pennsylvania State Police and the Honolulu Police Department have continued oversight and denied permits to medical marijuana patients.
In Florida, which has the highest number of concealed weapons permit-holders in the country and more than 200,000 medical marijuana patients, the issue has particular resonance.
“The most common objection heard in our clinic is ‘If I become a patient, I will have to give up my guns,’” said Patrick DeLuca, who runs the Medicann marijuana clinic in Southwest Florida. “And it’s just not true.”
Indeed, the veracity of the claim is complicated. Medical marijuana users can't buy guns from licensed dealers such as Walmart, but they can purchase them from private dealers through a private sales exemption commonly known as the “gun show loophole": Although buying from a private dealer does not make it legal under federal law for a marijuana user to own a gun, the transaction can be made without filling out the federal ATF form.
Moreover, since taking office in January, Agriculture Commissioner Nikki Fried, a Democrat who has both a concealed weapons permit and a medical marijuana card, has made it clear she has no intention of denying gun permits to medical marijuana patients.
Her office, which oversees the issuance of concealed weapons permits, issued the following statement to New Times:
On concealed weapons licenses and medical marijuana cards, the issue is pretty clear — Florida Statute 790.06 provides a limited list of factors (such as felony arrests, whether the instructor deems the applicant capable, etc.) upon which our Department must approve or deny a concealed weapons license. Therefore, the Department is prohibited from asking questions outside that scope, which would include medical marijuana card possession.
So while Florida has done away with restrictions, the federal government has not. Earlier this month, Republican West Virginia Rep. Alex Mooney introduced H.R. 2071, which would ease the federal restriction on marijuana patients' obtaining guns. So far, there's been no vote on the measure. Read original article here. Did you Lose a CWP With a Medical Marijuana Card? Let us know!
In the meantime, if you need more information, we are here to help! See some helpful links below.
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