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Started By
Message
Background Check & One-Time LA Medical MJ Card Holder
Posted on 5/4/21 at 9:10 pm
Posted on 5/4/21 at 9:10 pm
Long story short....
Want to buy an AR soon.
Last summer during Covid I was laid off and without insurance while dealing with 2 chronic diseases and no access to my needed med that regulated them. I took a chance on the state legal medical MJ. ONCE. Never did it again cause I hated the way it made me feel. The medical card expired a few months later.
I understand that a federal background check form asks the question about having once used drugs even if it's state legal. My question is... will this ping in the database and get me raided even if the medical card expired a long time ago? Don't want to go to federal prison and haven't heard much about this.
Actual wording on Form 4473
" 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."
I interpret as a current user being disqualified.
Want to buy an AR soon.
Last summer during Covid I was laid off and without insurance while dealing with 2 chronic diseases and no access to my needed med that regulated them. I took a chance on the state legal medical MJ. ONCE. Never did it again cause I hated the way it made me feel. The medical card expired a few months later.
I understand that a federal background check form asks the question about having once used drugs even if it's state legal. My question is... will this ping in the database and get me raided even if the medical card expired a long time ago? Don't want to go to federal prison and haven't heard much about this.
Actual wording on Form 4473
" 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."
I interpret as a current user being disqualified.
This post was edited on 5/4/21 at 9:13 pm
10
Posted on 5/4/21 at 9:30 pm to jcaz
Yeah, this is a tricky one. You said that the card expired, so I'd reckon that a decent enough attorney could argue that, at the time of filling out the 4473, you were indeed not unlawfully using marijuana.
OBLIGATORY DISCLAIMER: I am not a lawyer, and this is not legal advice.
You know, there's a guy in New Orleans, James Reeves. He's a lawyer, and also host of TFB TV on YouTube, and a concealed carry instructor. He'd be the first person I'd reach out to. Google him up, I've reached him via e-mail in the past.
EDIT: Worst case, snag an 80% lower and a jig and build your own rifle for personal use.
OBLIGATORY DISCLAIMER: I am not a lawyer, and this is not legal advice.
You know, there's a guy in New Orleans, James Reeves. He's a lawyer, and also host of TFB TV on YouTube, and a concealed carry instructor. He'd be the first person I'd reach out to. Google him up, I've reached him via e-mail in the past.
EDIT: Worst case, snag an 80% lower and a jig and build your own rifle for personal use.
This post was edited on 5/4/21 at 9:31 pm
Posted on 5/4/21 at 10:00 pm to cgnola
quote:
You know, there's a guy in New Orleans, James Reeves.
If there's a guy who can answer a question about gun law, it's James Reeves. Dude knows his shite.
True story. I took a seminar put on by U.S. Law Shield on firearms law, specifically the laws concerning concealed carry and using a weapon in justified self-defense. This tall attorney walks in to give the seminar wearing an impeccable blue suit and I spent the first hour of the seminar just unable to shake how familiar this guy looked and sounded. It was only after the break halfway through when we were just shooting the shite talking about gun belts, of all things, and this guy was telling us what he used and liked that it clicked for me: this attorney was the guy in the shorts from TFBTV. He was there because he's the program attorney for U.S. Law Shield in Louisiana and he's who you get if you ever use their insurance in this state. Putting on the seminars and signing clients up is part of his gig.
This post was edited on 5/4/21 at 10:09 pm
Posted on 5/4/21 at 10:17 pm to TigerstuckinMS
quote:
this attorney was the guy in the shorts from TFBTV.
He films a lot of stuff at the indoor range in Arabi
Posted on 5/5/21 at 1:01 am to jcaz
quote:
Are you an unlawful user of
Sounds like present tense to me, so in that case the answer would be no. I’d talk to an attorney first.
Plus can they prove you used mj?
Posted on 5/5/21 at 4:38 am to jcaz
quote:
or addicted to
I'd say that one use a year ago does not qualify as addiction.
Posted on 5/5/21 at 6:03 am to jcaz
you still holding?
Posted on 5/5/21 at 6:09 am to cgrand
Negative it expired 60 days after I got the card.
Posted on 5/5/21 at 7:01 am to jcaz
Well it doesn’t ask if you’ve “ever been” an unlawful user, only if you ARE and unlawful user. So if I were you, I’d say No because you aren’t at the time you filled put the form.
Posted on 5/5/21 at 7:10 am to jcaz
Ask them if they’re unlawful enforcers of laws that violate the constitution
Also just answer no
Also just answer no
Posted on 5/5/21 at 9:41 am to jcaz
I don’t understand what the concern is, you legally used MJ for medical needs, in a state where it was legal. The question asked is about “unlawful” drug use, what was unlawful about what you did?
Posted on 5/5/21 at 10:49 am to EA6B
quote:
I don’t understand what the concern is, you legally used MJ for medical needs, in a state where it was legal. The question asked is about “unlawful” drug use, what was unlawful about what you did?
quote:
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."
Posted on 5/5/21 at 10:53 am to jcaz
Just answer the question "No" and take your gun home. The ATF ain't kicking in your door for popping a gummy bear. 
Posted on 5/5/21 at 11:52 am to 007mag
I thought this but they have prosecuted medical MJ users in a few cases. And of course the courts upheld the ruling when it was challenged.
LINK
Even though it’s all BS, I think I’d be okay because I’m not a current user and was never even an abuser.
quote:
One of these men, 50-year-old Richard Quattrone of Augusta, ME, was sentenced on March 25 to an eight-month term in federal prison. ATF agents said that Quattrone, a cannabis user, lied on a federal background check form regarding his cannabis use. The other man, Donald Henderson, 33, pleaded guilty last year to the same charge, in addition to charges related to his purchase of guns for other people.
LINK
Even though it’s all BS, I think I’d be okay because I’m not a current user and was never even an abuser.
Posted on 5/5/21 at 12:05 pm to jcaz
Just become the son of a senator/vice president/president and you can lie about your drug use on your 4473 and the secret service will take care of the whole thing.
Posted on 5/5/21 at 12:06 pm to jcaz
quote:
Even though it’s all BS, I think I’d be okay because I’m not a current user and was never even an abuser.
thats exactly what a pothead would say
Posted on 5/5/21 at 12:08 pm to cgrand
quote:
thats exactly what a pothead would say
Posted on 5/5/21 at 12:52 pm to jcaz
Use Delta8 THC instead...legal federally and in all 50 states
Posted on 5/5/21 at 8:01 pm to jcaz
I'm no lawyer either, and BTW don't take medical MJ.
My own thoughts on this, while looking over the form (you can view it online):
There are 2 distinct types of questions on the form.
One is "Are you ______"; the other is "Have you _____"
The ARE YOU suggests CURRENTLY in that category.
The HAVE YOU (ever) questions seem to suggest ever, at any time.
The MJ question is an ARE YOU, not HAVE YOU EVER. Just answer it honestly.
My own thoughts on this, while looking over the form (you can view it online):
There are 2 distinct types of questions on the form.
One is "Are you ______"; the other is "Have you _____"
The ARE YOU suggests CURRENTLY in that category.
The HAVE YOU (ever) questions seem to suggest ever, at any time.
The MJ question is an ARE YOU, not HAVE YOU EVER. Just answer it honestly.
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