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jcaz
US Space Force Fan
Laffy
Member since Aug 2014
8477 posts

Background Check & One-Time LA Medical MJ Card Holder
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.
This post was edited on 5/4 at 9:13 pm


cgnola
New Orleans Saints Fan
Metry
Member since Nov 2015
19 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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.
This post was edited on 5/4 at 9:31 pm


TigerstuckinMS
LSU Fan
Member since Nov 2005
30561 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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 at 10:09 pm


cgnola
New Orleans Saints Fan
Metry
Member since Nov 2015
19 posts

re: Background Check & One-Time LA Medical MJ Card Holder
quote:

this attorney was the guy in the shorts from TFBTV.


He films a lot of stuff at the indoor range in Arabi


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Buzzed
Alabama Fan
#1 NIC
Member since Nov 2020
327 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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?


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Barneyrb
Arkansas Fan
NELA
Member since May 2016
3545 posts
 Online 

re: Background Check & One-Time LA Medical MJ Card Holder
quote:

or addicted to


I'd say that one use a year ago does not qualify as addiction.


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cgrand
New Orleans Pelicans Fan
HAMMOND
Member since Oct 2009
26685 posts

re: Background Check & One-Time LA Medical MJ Card Holder
you still holding?


jcaz
US Space Force Fan
Laffy
Member since Aug 2014
8477 posts

re: Background Check & One-Time LA Medical MJ Card Holder
Negative it expired 60 days after I got the card.


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BrotherEsau
Member since Aug 2011
3305 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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.


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DirtyMikeandtheBoys
LSU Fan
Member since May 2011
19024 posts

re: Background Check & One-Time LA Medical MJ Card Holder
Ask them if they’re unlawful enforcers of laws that violate the constitution

Also just answer no


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50
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Member since 2001
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EA6B
Navy Fan
TX
Member since Dec 2012
11959 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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?


diat150
Tulane Fan
OPELOUSAS
Member since Jun 2005
36336 posts
 Online 

re: Background Check & One-Time LA Medical MJ Card Holder
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."


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007mag
LSU Fan
Death Valley, Sec. 408
Member since Dec 2011
3689 posts

re: Background Check & One-Time LA Medical MJ Card Holder
Just answer the question "No" and take your gun home. The ATF ain't kicking in your door for popping a gummy bear.


jcaz
US Space Force Fan
Laffy
Member since Aug 2014
8477 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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.

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.


upgrayedd
US Space Force Fan
Lifting at Tobin's house
Member since Mar 2013
118374 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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.


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50
cgrand
New Orleans Pelicans Fan
HAMMOND
Member since Oct 2009
26685 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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


upgrayedd
US Space Force Fan
Lifting at Tobin's house
Member since Mar 2013
118374 posts

re: Background Check & One-Time LA Medical MJ Card Holder
quote:


thats exactly what a pothead would say



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DirtyMikeandtheBoys
LSU Fan
Member since May 2011
19024 posts

re: Background Check & One-Time LA Medical MJ Card Holder
Use Delta8 THC instead...legal federally and in all 50 states


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Scoob
LSU Fan
Near Exxon
Member since Jun 2009
14307 posts

re: Background Check & One-Time LA Medical MJ Card Holder
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.


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