Mijbr090490 t1_j9yzh15 wrote on February 25, 2023 at 4:35 PM

Reply to comment by Er3bus13 in Fentanyl found in THC gummies sold in 3 Montgomery County smoke shops, DA warns by ImperialIIClass

You can own a gun. Just can't buy one unless you want to lie. They can't access the MMJ database for a background check. You can buy long guns private party with no background check. Keep your card tucked somewhere safe unless you are getting from the dispo and don't have it on your person when in possession of a firearm.

MaybeADumbass t1_ja0amov wrote on February 25, 2023 at 9:51 PM

>They can't access the MMJ database for a background check.

For now. That was changed by an executive order from Wolf. It can be undone in an instant by any other governor.

You cannot legally own a gun in any state if you use cannabis because federal prohibition makes any user a prohibited person.

joeco316 t1_ja11x2m wrote on February 26, 2023 at 1:16 AM

How would this actually be enforced? For the purposes of this question, let’s assume that the mmj database remains how it is now, inaccessible. Let’s say someone owns guns and has a medical marijuana card and medical marijuana. How would this violation be enforced, and by whom? Can local police arrest you for violating a federal but not state law? Can they “call in” feds if they discover this violation? Assuming you don’t have federal law enforcement officers investigating you for another reason, how would you come onto their radar?

MaybeADumbass t1_jaafzac wrote on February 28, 2023 at 12:41 AM

I'm honestly not sure. I think it's automatically illegal to possess a gun by PA law if you are a prohibited person by federal law or something like that but I am not a lawyer. I know that if you fail a background check the prosecution is done locally under PA law so it would make sense.

I would assume then that being caught with weed and a firearm in PA could be prosecuted even with a MMJ card, since you're a prohibited person by federal law. Supposedly just having a valid MMJ card (from any state) is evidence that someone is a user, so likewise I think being caught with just an MMJ card and a firearm (e.g. in a traffic stop or a visit to your house for something unrelated) could be prosecuted.

I don't know how likely that would be, but If I had an MMJ card, I would absolutely keep it 100% separate from anything firearm-related all the time. That's not a risk I would take but I'd guess most people would be OK for years.

What I would truly worry about is if the PSP were given access to the database again.

They already have access to the database(s) of people with a License to Carry Firearms . If they had access to the database(s) of MMJ card holders, it would be a pretty simple task to compare the names on one to the names on the other and see who lands on both. Anyone with an MMJ card older than their LCTF has automatically committed a felony and they have their signature on the proof. They can be prosecuted with just a little bit of paperwork. Everyone else could have their LCTF immediately revoked at least since they're known to be prohibited.

I'm not sure what they are allowed to do with the record of handgun transfers, you'd have to ask a lawyer. It wouldn't be hard to match people up, but I don't know whether they could prosecute you if you had an MMJ card when you did a transfer, but it's also a felony since you lied on the form and that would technically be proof. I think they could more easily prosecute anyone going forward. It probably wouldn't be difficult to link the MMJ database(s) to the PICS check and fail you when you try to buy a gun. If they didn't do that they could still easily cross-reference afterward and prosecute you just as easily.

I don't recommend owning firearms and holding an MMJ card at the same time, but if someone decided to do it, I'd suggest not buying any handguns or new long guns and absolutely not applying for (or renewing!) a License to Carry Firearms as long as you hold it.