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In what some are calling a “travesty”, the ATF released an open memo on the 26th of September to all gun dealers. This letter explained that no one who has a Medical marijuana license or uses Medical marijuana may ship, transport, receive or possess a firearm or ammunition. Understand that this is the removal of a Second Amendment right from over 300,000 people. Read on…I’ll break down and examine the memo to the best of my ability.
The Letter addressed to all gun licensees states…:
- It was written because of inquiries regarding Medical marijuana and firearms.
- Advises licensees that to transfer or sell a firearm or ammunition to any persons who are users of Medicinal marijuana or its “purported” benefits is; by Federal law, illegal. Especially if that medical card is used as a form of identification. It does not matter how often you actually smoke. The card is enough to ban you from obtaining firearms and ammunition.
- Directly from letter “unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802))” are illegal persons to ship, transport, receive or possess any firearms or ammunition.
- That if a licensee has so much as ”reasonable cause to believe” said person is an unlawful user or addicted to aforementioned substance sells or otherwise disposes of firearms or ammunition to such personnel listed above they could easily be subject to punishment under Federal law. 18 U.S.C. 922 (d)(3)
- “An inference of current use may be dawn from evidence of a recent use of possession of a controlled substance or a pattern of use or possession that reasonably covers the present time.” 27 C.F.R. 478.11
What does this mean for…?
Who? Owners–If you have a medical marijuana card it is unlawful; by Federal law, to ship, transport, receive or possess a firearm or ammunition. Licensees, if you have a Medical marijuana card be on the lookout. Remember that anyone with such a card is banned from the shipping, transporting, receiving or possessing a firearm.
What? No firearms. No ammunition.
Where? Any such persons mentioned are restricted, regardless of whether or not your state has passed authorizing legislation. This includes all 16 states with such legislation and the District of Columbia.
Why? Because you are a user or addict of a substance listed in the Controlled Substance Act as a Schedule I controlled substance, marijuana.
How? This is the ATF, a department long thought to pat itself on the back for how strong and how far its reach is. An open letter is like a direct phone call to every licensee. This is their way of “advising” dealers to “comply” with federal regulations.
Are there any ifs or what ifs? Of course there are…
If there are any licensees that legally have a MMJ card what does this mean for them?
How can people in dispensaries protect themselves? Both owners and users? I suppose this isn’t a Federal problem?
This forces people to do one of two things:
- Smoke illegally in order to legally obtain firearms and ammunition licenses.
- Obtain firearms and ammunition ilegally in order to smoke legally in their state.
This touches many groups of people. From activist to veterans many are speaking up. So make some noise, pass the word…and let’s see what happens.
Jon Svaren, a medical marijuana user and a 15-year Navy veteran who was honorably discharged in 2009, told the Great Falls tribune:
“To take away my Second Amendment rights is contrary to everything I’ve ever fought for, and contrary to every oath of enlistment I’ve taken.”
Personally, how do I feel? If I can’t have my license to carry, I think I should at least have the right to own one and keep it in my home. This letter pinches a very sore pimple to a very ugly head. I believe this shows how our government stomps, pouts and hollers when the people progress. But that’s something we all need to remember…progress is important.
Keep it like the Robinsons…Keep moving forward!
Inference: b. the process of arriving at some conclusion that, though it is not logically derivable from the assumed premises, possesses some degree of probability relative to the premises.
Purported: reputed or claimed; alleged