NM. MM Patient Not allowed to have firearms.

[yellowsnow]

The Feds are now saying MM cardholders will not be able to possess firearms.:wtf:

yellowsnow Reviewed by yellowsnow on 09-29-2011. NM. MM Patient Not allowed to have firearms. The Feds are now saying MM cardholders will not be able to possess firearms.:wtf: Rating: 5

[Burnt Toast]

The Feds are now saying MM cardholders will not be able to possess firearms.:wtf:

Probably because the Feds wont recognize cannabis for its medicinial value and as long as they continue to maintain this outdated position, they will continue to look at legitimate MMJ patients as lawbreaking criminals. And according to the Feds, lawbreaking criminals would relinquish their right to keep and bear arms.

[RISailor]

I think you would have to be convicted of something first. I mean, it is a constitutionally enumerated right after all. Now I'm a MMJ cardholder, and I'm a gun owner, and I did go to law school for something, and I think the Government, either State or Federal would have a tough row to hoe to convince a court that having an illness that makes me eligible for a state issued mmj card should make me ineligible to posess a firearm. What is the source of this story?

[alfonso2002]

The Feds are now saying MM cardholders will not be able to possess firearms.:wtf:

Where did you hear that?

[ScaredasHell]

Yes I would also like to know who the Feds are "saying" this to. I think you'd only be in danger, if busted Federally then, you might face some sort of extra firearms enhancement.

Scared

[patient4200]

This gets us one step closer to getting the answer to the question:

State Law Trumps Fed?
or
Fed Law Trumps State?


Is it the United _States_ of America?

or

has it become something else?

Selling a firearm retail is a federal jurisdiction
possessing a fireman appears to be a state jurisdiction

My take is that if you show up at your local gunshop wearing a blaring green "420" t-shirt, you may not be able to buy anything.

As mentioned, I doubt the feds could get a list of cardholders.

I do not doubt that if the fed wanted to know if somebody was a cardholder in conjunction with a crime they would have no problem getting confirmation as long as they didn't pry to find out exactly what condition the cardholder qualified for.

[ScaredasHell]

This Q above is a non-starter, per the Supremacy Clause in the US Constitution, Federal law trumps State Law EVERY time. This is what makes mmj at the state level such an anomaly. Technically, the Feds say mmj is illegal, and has no medical value, but 13 or so state have chosen to ignore them. I guess in the mind of the Feds, since you are committing a felony by cultivating even one plant, then it would make sense that they would not want an "armed felon." However, since this state has about the most permissive gun laws in America, it will be interesting to see how this plays out, if ever a card-holder is busted by the STATE.

Scared

[killerweed420]

Federal law does trump state law EXCEPT the 10th Amendment. If its not spelled out in the constitution or bill of rights the states have authority to regulate or not regulate it. The 10th Amendment is the ONLY reason medical cannabis is legal in some states. States can also decide that fully automatic firearms and silencers are legal within that state.
But the big caveat is whether you get arrested by state authorities or federal authorities. If you're arrested by federal authorities you have no rights period. You're only right is to plea bargain.
Its time to have a true patriot governor step forward and make the argument that the 10th Amendment is clear. The feds have no authority to operate inside a states boundary unless that governor gives them permission to.

[ScaredasHell]

I'd suggest reading Wickard v. Fillburn (sp?), an old Supreme Ct. case re the 10th Amendment and then you'll realize, except for a VERY few cases, the 10th Amendment has no force whatsoever; it has been regularly rejected by the Supreme Court, and was specifically shot down in the Reich case in CA. All the Feds have to do is use the magical words "interstate commerce," and it's all over but the crying.
Unfortunately, this appears to be more than a rumor (Fed. policy regarding firearms and mmj patients): Gun, medical pot groups blast ATF policy
Freaking ridiculous!

Scared

[ScaredasHell]

Here's the beginning of the article:
HELENA â?? A gun group and medical marijuana advocates expressed outrage Tuesday over a new federal policy clarifying that it is illegal for medical marijuana cardholders to buy firearms and ammunition and for dealers to sell these products to them.

Gary Marbut, president of the Montana Shooting Sports Association, and Kate Cholewa and Chris Lindsey, board members of Montana Cannabis Industry Association, separately blasted the Sept. 21 letter sent by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Justice Department to federally licensed firearms dealers.



Read more: Gun, medical pot groups blast ATF policy

Scared