2aHawaii
General Topics => General Discussion => Topic started by: SpeedTek on February 26, 2014, 09:22:24 AM
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So pot is legal in Colorado. Scary it may be legal here soon.
So how is it going to work if you smoke pot legally and have firearms or are the feds watching you so they can confiscate your legally aquired weapons under federal law??
I smell something coming.
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Since its still illegal to the feds you have to make a choice.
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Since its still illegal to the feds you have to make a choice.
That about sums it up.
I'm keeping an eye on that situation for the purposes of my own amusement. (I'm not a "user" of any kind.)
The thing is, the F-gov is a construction of the S-govs, and is supposedly subordinate to the S-govs, so I see another power struggle coming on this account.
From a gunnie's perspective, it's kind of weird because we want supremacy of the F-gov law with respect to firearms (and other things), but supremacy of the S-gov laws in other areas.
All in all, it makes me wonder what the Civil War was all about. " 'Tis a puzzlement," as the King of Siam put it.
http://www.metrolyrics.com/a-puzzlement-lyrics-the-king-and-i.html (http://www.metrolyrics.com/a-puzzlement-lyrics-the-king-and-i.html)
???
Terry, 230RN
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I think this is one of those things that, in 10 years' time, we'll look back on bewildered. Pot will be legal at both the state and federal level, the world will not have ended (at least not at the hands of pot smokers), and we can have a good head scratch about why it was the way it was.
Until then, tho... from my perspective, I have an awful lot to lose, and relatively little to gain, by flaunting the law.
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As of right now, its a "choose one or the other" situation right now. Same as it is with states that allow for medical marijuana cards. People sometimes forget Hawaii allows medical marijuana cards, because we do not have any dispensaries like other states so it isn't in the public's eye as much.
With a medical card, it is registered in the state, and very easy to cross check to see who has both a medical card and firearms registered under their names. I am not sure if HPD has ever done random crosschecking like this though.
With states like Colorado and Washington, where it is legal and completely unregistered, there is no way to cross check. The only way you are likely to get arrested from marijuana abuse is if caught driving and given a DUI. For any other infractions, like smoking in public, you will just be given a ticket. Remember that it is still illegal to smoke anywhere but private property with permission from the owner.
As for the feds breaking down stoners doors to grab their guns, I don't think it is something that is going to happen on a regular basis. If say, they have suspicions of someone doing something a bit bigger, I'm sure they will use the "weed-gun" excuse to come a knockin.
What I think is going to happen... Marijuana will likely be slowly adopted to being legal state by state, but it will be a long while before it is accepted on a federal level. I don't have a problem with this. Pakalolo is the lowest name on my list of substances which I think are dangerous. At least the state is making more money, I think there is something like a 25% tax, which they think will bring in $70 million a year in Colorado.
For the record, I used to smoke weed. Then I grew up and stopped.
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these weed shops are a liquor store robbers dream come true
tons of cash, tons of weed
pop one of these shops for all their cash and weed, and i dont think the cops will give a crap about the robbery, or finding the missing weed or cash.
now all the money and drugs are in criminals hands, from there who knows. >:D
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With a medical card, it is registered in the state, and very easy to cross check to see who has both a medical card and firearms registered under their names. I am not sure if HPD has ever done random crosschecking like this though.
Yes, they have. I believe in the last two AG's reports it listed at least a couple of denials for PTA based on use of medical marijuana. In 2012 there were 4 denials based on medical marijuana use, and in 2011 there was 1.
http://ag.hawaii.gov/cpja/files/2013/01/Firearms-Registration-2011.pdf (http://ag.hawaii.gov/cpja/files/2013/01/Firearms-Registration-2011.pdf)
http://ag.hawaii.gov/cpja/files/2013/03/Firearm-Registrations-2012.pdf (http://ag.hawaii.gov/cpja/files/2013/03/Firearm-Registrations-2012.pdf)
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Yes, they have. I believe in the last two AG's reports it listed at least a couple of denials for PTA based on use of medical marijuana. In 2012 there were 4 denials based on medical marijuana use, and in 2011 there was 1.
http://ag.hawaii.gov/cpja/files/2013/01/Firearms-Registration-2011.pdf (http://ag.hawaii.gov/cpja/files/2013/01/Firearms-Registration-2011.pdf)
http://ag.hawaii.gov/cpja/files/2013/03/Firearm-Registrations-2012.pdf (http://ag.hawaii.gov/cpja/files/2013/03/Firearm-Registrations-2012.pdf)
I know at least one local FFL was instructed that if he knew the individual possessed a med mj card then they were not allowed to give a firearm to said individual, as it was prima facie evidence that the person was a prohibited user of controlled substances.
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I know at least one local FFL was instructed that if he knew the individual possessed a med mj card then they were not allowed to give a firearm to said individual, as it was prima facie evidence that the person was a prohibited user of controlled substances.
See, I think that needs to be challenged. Possession of the card does not make a person a user, anymore than possession of a driver's license makes them a car owner, or possession of a passport makes them an international traveler. All the card means that that the person meets the requirements to legally purchase marijuana, not that they have ever chosen to use it.