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Drugs

Legal Marijuana Users in California Can't Buy Guns, Federal Gov Says

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Fri, Sep 30, 2011 at 3:54 PM

click to enlarge BUFFALO PD
  • Buffalo PD
If you legally use medical marijuana in California the federal government has just revoked your constitutional right to bear arms.

In other words, if you use weed, forget about buying a gun. Well, enforcement is another matter (more on that below).

You see, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a memo last week clarifying its stance regarding selling firearms to medical cannabis users:

Don't do it is what the ATF essentially told gun sellers. The bureau has long held that you can't have a gun if you're a user of any federally outlawed drug, a group to which marijuana belongs.

And, the memo, first reported by Lee Newspapers and echoed in this AP report, says:

There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.

Even though weed is legal in California, and you have a constitutional right to get your gun on, the federal government doesn't recognize bud as a legit medication, despite your "back pain."

But ... (and this like, a Kardashian/J-Lo sized but) ... there's not much gun stores can do to ensure they're not selling to a medicinal stoner.

If you don't volunteer a medical marijuana ID card, if you answer "no" to a required federal form that asks, among other things, if you're a controlled substances user, and if the seller doesn't think you look or smell like an obvious addict, then you're probably getting your gat.

Of course, we're not suggesting you lie. That would be illegal. What we're simply pointing out is that gun stores are not going to check to see if you're on any med-pot list.

So go ahead, get your gun, you non-weed smoker you. But for God's sake, don't use your weapon when you're legally "medicated."

[@dennisjromero/djromero@laweekly.com]

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