I just heard about this. Check this out.  If you use medical marijuana
 Hawaii won't let you own a gun. Has this affected anyone else you know?

9th circuit rulled it legal for a state to prohibit the sale of guns to illgeal drug users

https://www.leafly.com/news/cannabis-101/can-a-medical-marijuana-patients-legally-own-a-gun

HPD includes (used to include?) a form to sign when applying for a permit saying you understand Medical Marijuana, while legal, makes you prohibited from possessing firearms.

On June 14, 2000, Governor Ben Cayetano signed Senate Bill 862, which established the Hawaii Medical Marijuana Act to remove state-level criminal penalties on the use, possession and cultivation of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by patients who possess a written certification/medical marijuana recommendation from their physician. Qualifying patients must register with the Narcotics Enforcement Division (NED). Patients or their caregivers may possess up to 3 ounces of usable marijuana, and may cultivate up to seven marijuana plants, three of which may be mature.  What the law didn't do was decriminalize growing pot for sale.

In 2015, the legislature began efforts to allow for MM dispensaries.  In January 2015, passage of SB 321 allowed for a licensing system for marijuana growers and dispensaries.  It's taken over 2 years for that bill to see the first dispensaries open.

2013 is about the timeframe I remember the form from HPD being included.  It's been over 2 years since I applied for a permit, so I don't know it that form's still required, but the HPD application has a disqualifying question:

Are you authorized to utilize marijuana for medical purposes?

Answer "Yes", and the permit will be denied.

http://honolulupd.org/downloads/SOHFirearmsApplicationQues10_2017.pdf

Regardless of the Hawaii law, there is a question on the ATF 4473 that asks the same thing:

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.

https://www.atf.gov/file/61446/download


So, HPD is only complying with Federal Firearms laws. 


 

So ATF says you can't own if you use marijuana and HPD says you can't own if you are prescribed (even if you haven't used it yet). Figures...

So ATF says you can't own if you use marijuana and HPD says you can't own if you are prescribed (even if you haven't used it yet). Figures...

Since marijuana is still illegal at the federal level, I can see the prohibition against people who use it. But just because your doctor prescribed it doesn't mean you ever followed thru and filled the prescription. Simply receiving a prescription isn't illegal, and shouldn't be used as a de facto ban. The onus should be on HPD to prove that you've actually used an illegal narcotic before confiscating your guns.

ATF 4473 form ; Disqualifies anyone using an illegal drug.

ATF 4473 form ; Disqualifies anyone using an illegal drug.

Using, not receiving a prescription for.

The letter says "USE OF MEDICAL MARIJAUNA" .
The word "prescription" does not appear in the letter.

Yes it doesn't say prescription but how did they come up with the notion that the applicant uses marijuana. Probably through the submitted medical records. If the applicant had a marijuana charge, then a doctor's clearance letter wouldn't fix that.

My friend went to vegas and a gun range. The girl asked what else he was doing besides shooting. He said that he visited the legal pakalolo store. She told him he cant shoot.  He then said he went to the pakalolo store just to look. But it didnt matter.

Sent from my SM-G920V using Tapatalk

Hmm, sounds like entrapment to me. Perhaps he was acting high at the time?

I lived in Vegas from 08 to 13. Last time I visited in February, I noticed the ammonia smell of marijuana practically everywhere we went. If just visiting a store excludes one from participating at an indoor gun range, that would greatly reduce their clientele.

Hmm, sounds like entrapment to me. Perhaps he was acting high at the time?

I lived in Vegas from 08 to 13. Last time I visited in February, I noticed the ammonia smell of marijuana practically everywhere we went. If just visiting a store excludes one from participating at an indoor gun range, that would greatly reduce their clientele.

They made it legal for recreational use as of this year.  But you cant smoke in the hotel either, even in a smoking room and it's legal on state level.  It might be in-house policy about the just visiting a store for the gun ranges.  It was on my friends bucket list of things to do.  1) Go to pakalolo store. 2) Shoot full auto.  He's in his 70's.

They made it legal to carry an ounce in Washington. Of course, I passed three people openly smoking a joint on Capitol Hill. Give an inch, they take a mile. The SPD said they would no longer bust people for carrying, but they did hand out small bags of potato chips at Bumbershoot with a sticker saying that open carry of marijuana is still illegal.

I thought that was always the rule?  That's why cops always ask you when registering if you're a medical marijuana user.

The being able to transfer guns thing to someone else I didn't know for certain though.  I think for domestic abuse and felonies, the cops don't give you the option to transfer, you have to surrender to them.
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The states can decriminalize all they want, but until the law changes at the federal level, it's still quasi-illegal.  And just because you can do it, doesn't mean you should (if at all possible).  And no, I personally dont think medical (or recreational) pot users should be denied firearm rights.

I thought that was always the rule?  That's why cops always ask you when registering if you're a medical marijuana user.

The being able to transfer guns thing to someone else I didn't know for certain though.  I think for domestic abuse and felonies, the cops don't give you the option to transfer, you have to surrender to them.
---------------

The states can decriminalize all they want, but until the law changes at the federal level, it's still quasi-illegal.  And just because you can do it, doesn't mean you should (if at all possible).  And no, I personally dont think medical (or recreational) pot users should be denied firearm rights.

That's the issue.  Feds use the 4473 to deny MM users, but without HPD asking the same questions and denying MM users, private sales would bypass the 4473 questions.

Redundancy at both federal and state level imposes the same rules on ALL transfers.  The latest name for that is Universal Background Checks.

I thought that was always the rule?  That's why cops always ask you when registering if you're a medical marijuana user.

The being able to transfer guns thing to someone else I didn't know for certain though.  I think for domestic abuse and felonies, the cops don't give you the option to transfer, you have to surrender to them.
---------------

The states can decriminalize all they want, but until the law changes at the federal level, it's still quasi-illegal.  And just because you can do it, doesn't mean you should (if at all possible).  And no, I personally dont think medical (or recreational) pot users should be denied firearm rights.

It's because marijuana is a schedule 1 narcotic and as such is more illegal than oxy. It's compared to LSD which has no medicinal value and highly addictive.

That's the issue.  Feds use the 4473 to deny MM users, but without HPD asking the same questions and denying MM users, private sales would bypass the 4473 questions.

Redundancy at both federal and state level imposes the same rules on ALL transfers.  The latest name for that is Universal Background Checks.

Speaking of changes, I went for a handgun permit today. the questionaire form changed.  I actually think it changed sometime earlier this month, because 2-3 weeks ago it was the old form.


  I honestly dont pay all that much to the questions since I've done it before, and I always answer "no", but the amount of questions doubled, that form is 2 pages now.  I think the new questions are relating to substances, mental health, and potentially disqualifying criminal statuses.

Redundancy at both federal and state level imposes the same rules on ALL transfers.  The latest name for that is Universal Background Checks.

Does universal background checks automatically equal reciprocity carry?
Lol. Liberals always lose their shit when they promote background checks and I post that.   
Or does that make too much sense and give people too much rights

Does universal background checks automatically equal reciprocity carry?
Lol. Liberals always lose their shit when they promote background checks and I post that.   
Or does that make too much sense and give people too much rights

Tell them we'll give up the Gun Show "loophole" for national reciprocity.

If that works, I have a title for the Brooklyn Bridge ...