Reckless conduct with a firearm in 2017 and domestic assault/battery convictions and she still had a gun. I couldn’t find info in the article about the legality of her firearm, but am guessing/hoping it wasn’t legal.
Agreed 100%, if it was legally owned it would only add fuel to the anti-gunners fire. I can’t think of any state that doesn’t check that in a background check before purchasing.
Problem is states/counties are sometimes years slow in updating that information into the system. They may have checked and not seen it simply because it isn’t a priority to update. Unfortunate but true.
A sheepdog’s job is to guard the herd and confront the wolves. Well done sheepdog!
Waiting for the mainstream media report to say “she left the scene and purchased a gun and returned with it within 3minutes”
Anyone ever fill out a 4473? Question 11e: 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.
What is a CCW holder doing at a dispensary?
Has anyone else thought about how easy it would be for a government to find out who is buying weed legally, and confiscate their firearms based on them lying about this question?
Or am I just being paranoid? LOL get it? Paranoid? Like a POT SMOKER??? I crack myself up.
This quarantine is getting tedious!
Clearly going to/by a stupid place with stupid people at a stupid time.
They opened a bunch of (forgive my unfamiliarity with terminology!) THC places where I live, including three doors down from a kids’ gym I take my children to. What the heck are city officials thinking?! This is not a normal pharmacy, or tobacco shop, and it needs to be regulated like a strip club - a mile distance from any school/church/decent business.
I think you are talking about CBD with is NOT the same as THC. I am not an expert nor a user so I will not going to try to explain the difference, that is what Goggle is for (or your Physician).
A lot of the dispensaries I have seen in larger cities are in strip malls, where they would share a parking lot with other businesses.
When I go to the cardiologist in Lubbock, I like to go to a tea place that shares their parking lot with a sushi joint, a CBD dispensary, a Schlotsky’s, and several other establishments.
Although the news is from OK, in IL the conflicting messages from the state police about this is confusing… I don’t use marijuana, but I will check the news related to the current law in IL now and then. IMO, IL gun owners should not partake if at all possible. Similarly, it’s my understanding that you could lose your CDL license if you have one.
The Illinois State Police (ISP) said it will not revoke FOID cards or Concealed Carry Licenses based solely on a person’s legal use of adult cannabis. But the ISP said pursuant to both state and federal law, a person who is addicted to or a habitual users of narcotics is not permitted to possess or use firearms.
“Accordingly, the ISP would also revoke or deny the FOID cards/CCL’s of those who violate certain provisions of the Cannabis Regulation and Tax Act,” said an ISP spokesperson.
The federal gun sale form warns that the use or possession of marijuana is unlawful under federal law, regardless if it is legal for medicinal or recreational purposes in the state where you reside.
“You should know that you are not a legal purchaser of a firearm in Illinois or in any state if you’re using cannabis,” Eldridge said.
Another article about it with a little more info on the nuances: State police: Recreational marijuana purchases should not affect FOID card status
I wonder if the federal law is related to sales and not to current ownership.
The FDA has recently (2019?) reaffirmed their categorization of marijuana as a Class 1 controlled substance, which is where heroin, LSD, ecstasy, quaaludes, and peyote are.
Given that firm stance, it is highly unlikely they will change any time soon.
My question is–are you a law abiding citizen if you possess a firearm and smoke weed?
From the 4473–“I understand that a person who answers “yes” to any of the questions 11.b. through 11.i and/or 12.b. through 12.c. is prohibited from purchasing or receiving a firearm.”
Looks pretty clear to me.
There is no question that, under federal law, the use of marijuana or THC is illegal and is an absolute prohibition to knowingly provide false information when purchasing a firearm or to possess a firearm and is punishable by up to 10 years in federal prison. 18 USC 922(a)(6); 18 USC 922(g)(3); and 18 USC 924(a)(2).
This includes anyone who uses marijuana, including users of medical marijuana, even if the state does not prohibit it.
And if the "dispensaries are using armed security, which I will assume they do since it is almost exclusively a cash business, possession of a firearm in drug trafficking is punishable by up to 5 years, if brandished up to 7 years and up to 10 years if discharged. A second offense is a minimum of 25 years. 18 USC 924 ©(1).
Under federal law, it is a felony to use marijuana and possess a firearm. I am waiting for the feds to shake thing up at some point and prosecute equally across the country. In Kentucky, trafficking in marijuana WILL get you 10 years in federal prison. It makes me wonder when someone is going to make an equal protection claim in a state where the fed is prosecuting these crimes while they allow them to operate without interference in states that have legalized/decriminalized marijuana.
Edit, and keep in mind that the use of marijuana and possession of a firearm do not need to happen concurrently. If your use of marijuana can be proven, possession of a firearm is prohibited.
Thanks, Mike–great information.
What is to stop a liberal AG from getting a hold of the dispensary records and asking ATF for matching names and then prosecuting or confiscating?
But it’s the liberals who are making MJ “legal” in their state. They want the tax money.
Look at it from the other side. A savvy US Attorney starts tracking all of the funds coming in from illicit drug sales, including the taxes collected, and starts freezing all the assets from the ill gotten gains with the end goal to seize them.
Somehow I like this. Psychoactive substance [ab]use = no 2A rights.
Humble request to the AG - on top of this, please raid known gang-infestation zones to confiscate from felons and prosecute! Thanks - signed law-abiding citizen.
I guess I don’t understand how a state decriminalizing it would apply to a US attorney coming after the business.
If I was a lefty, I would look for gun owners who have frequented a dispensary and confiscate/indict based on them using a controlled substance and possessing a firearm. One way to get a lot of guns off the streets.
Dispensaries are trafficking in marijuana. That is a federal crime prosecuted by the US Attorney’s Office. If they trace the funds, it will lead them to the state treasuries which are profiting directly by the sale of illegal drugs. The state is complicit in the commission of the crime.
Is this a situation unique to weed legalization, or there are other examples where state law directly contradicts Federal law? Was is ever resolved and how?