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IntelligentMeal40 t1_j8smzqa wrote

Speaking of the right to possess weapons, you know how if you have a medical cannabis card you are not supposed to be allowed to buy a gun? Since Sununu signed the law saying NH doesn’t enforce gun laws that aren’t NH gun laws, wouldn’t that be one of them? I can’t find a NH law that says you can’t have a cannabis card and a gun.

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PissTapeExpert t1_j8t5v1p wrote

Not a NH judge but an Oklahoma judge ruled that banning cannabis users from owning guns was unconstitutional.

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decayo t1_j8v7oqo wrote

It was a federal judge, so it doesn't matter if he is a NH judge.

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ironiczealot t1_j8xfusu wrote

In the 10th Circuit, so, while that's some nice precedent that could fuel a positive decision nationally if a similar case ever gets appealed up to the Supreme Court, this has no bearing on NH right now whatsoever.

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alkatori t1_j8tz3sq wrote

Doesn't matter that NH won't enforce it. No FFL is going to risk losing their license by selling it.

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ColemanGreene t1_j8uuw5u wrote

Yeah, gun sellers are real big on the letter of regulations. Go to a gun show, you’ll see how much they’ll risk for cash in hand.

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SheeEttin t1_j8sz2bb wrote

There's no law that says that. ATF form 4473 asks whether you are an "unlawful user of, or addicted to" marijuana, etc. It doesn't say anything about a MMJ card. You can have a card and not use marijuana, and you can use marijuana and not have a card. They're not related.

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moosesgunsmithing t1_j8wrmdt wrote

Yes there is. Marijuana is federally prohibited and the form 4473 is a federal form. Per the ATFs package to FFLs Marijuana use of any kind makes you a prohibited person.

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RoadAdventures t1_j8wvgou wrote

> Yes there is. Marijuana is federally prohibited and the form 4473 is a federal form. Per the ATFs package to FFLs Marijuana use of any kind makes you a prohibited person.

Absolutely correct.

You forgot to add that lying on 4473 is a felony, and that the feds love prosecuting anyone they catch doing that, so advising someone to omit their marijuana use when filling the 4473 is basically telling them to ask to be jailed.

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SheeEttin t1_j8x006c wrote

Yes, but the question was about having a card, not using marijuana.

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moosesgunsmithing t1_j8x0mdc wrote

The feds don't care if you have a card or not

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SheeEttin t1_j8xa8yd wrote

That's what I said.

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ironiczealot t1_j8xg25x wrote

Don't know how u/moosesgunsmithing meant his comment, but the Supreme Court has ruled that even if courts can't prove usage, merely having a med card is prima facie evidence of being a user. They very much do give a shit.

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moosesgunsmithing t1_j8xgg9o wrote

As far as the feds are concerned, based on the communications I have had directly with the ATF, they treat having a medical card as being automatically an unlawful user and therefore a prohibited person. So that is what I meant.

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tylermm03 t1_j8zibz7 wrote

Dealers won’t sell to you if you’re a user of marijuana. When you fill out ATF form 4473 (a background check form), they ask if you use or abuse any illicit substances, and they specifically state that marijuana is federally illegal. If you lie and buy a gun anyways and they find out, you’ve committed a felony.

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