Legal Opinion On Gun Ownership and Marijuana

[540-Virginian]

Hippa protects the person, nobody has a right to know what prescriptions you are taking. if a medical prescription can make you unfit to own a firearm, what keeps antidepressants, painkillers, anything that warms again using machinery from disqualification from legal gun ownership.

I work in HR and have worked for a California company right when all this medical marijuana stuff really took off/came legal.

You are correct that HIPPA makes it illegal for anyone outside of your healthcare provider or persons you sign off on to know about your health information (be it ailments, surgeries, prescriptions, etc.).

however, if an employer has a no drug policy and tests for it and you test positive you can be denied employment or fired; even if you have a prescription. Employers can’t legally ask what the prescription is for. They can ask for a doctors note signing off that you need medical marijuana but no more info than that. But unless there an exception in an employers policy that allows medical marijuana - and a company rarely ever would have a no drug policy with exceptions - you can still be terminated.

fast forward several years and a lot of companies still have zero tolerance drug policies, but don’t drug test unless they really need to (for high workplace safety sensitive positions). They leave it in there so they can term someone if they ever found out a crappy employee was doing drugs (easy termination), but they don’t want to lose top performers and great candidates because of pot.

I share this as it can apply to many other aspects like the government ever testing you for pot even if it’s medical. It’s illegal federally and if a Federal law enforcer tested you for whatever rare reason, they could prosecute even if it was medicinal - they just couldn’t make you share why you use it as it’s HIPPA protected.

*it’s been a few years since I focused on this stuff in HR - now I do compensation - so the state laws may be different for employment practices now. But unless your in California it’s highly unlikely.

 

[Shraggs]

Idk, I’m with the group here

but I think those at the top hidden actually forming “policy” or orchestrated chaos purposefully embed the hypocrisy. It creates pathways to greater agendas.

Greg mentioned pot becoming legal, I’m not sure. Politically there’s a lot to be gained from ambiguity, ie limitations...

We as gun owners should promote the high road to those carrying. Even if the law isn’t specific. Only way to keep our right long term.

 

[*zap*]

maybe the plan is to get everyone stoned and then take their guns away

 

[Squincher]

Hippa protects the person, nobody has a right to know what prescriptions you are taking. if a medical prescription can make you unfit to own a firearm, what keeps antidepressants, painkillers, anything that warms again using machinery from disqualification from legal gun ownership.

Those people are not "unlawful users," and in 49 years we have yet to slide even an inch down that slope.

 

[MattB]

Im not a marijuana user but it's no different from alcohol. If people who use marijuana can't own guns drinkers shouldn't either.

It is different, legally. From a public safety perspective, if someone is going to be using any form of drug and carrying a firearm, I would prefer it to be pot.

 

[MuleyFever]

Too much money in the pot industry for it to not eventually become legal federally based off the states momentum. It may just take until enough lawmakers find a way to personally profit from it.

From my experiences, I would rather see a stoned person with a gun than a drunk one.

 

[brsnow]

MJ is a "recommendation," not a prescription. My mother in law has one, her back is in bad shape. It's a simple card that acknowledges she has a medical issue that cannabis may help. Of course here in CA casual use has been decriminalized so "MJ cards" are moot.

And the difference is, one remains a Schedule 1 narcotic whereas the others you listed are not.

Those people are not "unlawful users," and in 49 years we have yet to slide even an inch down that slope.

Really, sure seems like mental health has become a part of legal ownership. Red flag laws...

 

[Buffinnut]

From a public safety perspective, if someone is going to be using any form of drug and carrying a firearm, I would prefer it to be pot.

I would agree on that based on what I've seen.

 

[SteveCNJ]

This only applies to guns purchased or transferred through an FFL, correct?

In November 2017 the Oahu, Hawaii Police department sent out letters:

In a letter to about 30 medical marijuana card holders on Oahu, the police said “you have 30 days upon receipt of this letter to voluntarily surrender your firearms.”
Police have been sending the letters since at least January.
One letter was signed by Susan Ballard, the new chief of police, and dated Nov. 13.
“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter said.


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[T28w]

Really, sure seems like mental health has become a part of legal ownership. Red flag laws...

So are saying people with mental health issues should still be able to own firearms?

 

[Sccritterkiller]

In November 2017 the Oahu, Hawaii Police department sent out letters:

In a letter to about 30 medical marijuana card holders on Oahu, the police said “you have 30 days upon receipt of this letter to voluntarily surrender your firearms.”
Police have been sending the letters since at least January.
One letter was signed by Susan Ballard, the new chief of police, and dated Nov. 13.
“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter said.


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Interesting....Let me guess you must have a state permit to own a gun...So I guess HI cross-referenced their gun permit holders with the MMJ card holders...There is no Federal Firearms owners database or so we are told....

 

[SteveCNJ]

Interesting....Let me guess you must have a state permit to own a gun...So I guess HI cross-referenced their gun permit holders with the MMJ card holders...There is no Federal Firearms owners database or so we are told....

No State permit to own a firearm required in SC.

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[Sccritterkiller]

What's even more interesting is in the states where it is still illegal possession of a small amount is considered a misdemeanor. IIRC the only misdemeanors that restrict gun ownership are DV, assault, and battery.

 

[def90]

The issue of pot and the form 4473 issue has been brought up during many legislative sessions in Colorado since Colorado legalized it. So far all of the bills that have been introduced have failed but people are pushing the issue here.

one of the latest bills that failed:

Firearms Rights Of Medical Marijuana Users | Colorado General Assembly

leg.colorado.gov

 

[TSAMP]

What about bath salts? Those are still perfectly fine? Asking for a friend.

 

[Squincher]

Really, sure seems like mental health has become a part of legal ownership. Red flag laws...

The mental health question has always been on the 4473. Red flag laws are state laws, nothing to do with the feds.

 

[406]

My question is how could this be enforced? They would have to drug test you to prove it. I don't see that ever happening

Retroactive enforcement, felony conviction, no more guns for you.
Basically an incidental finding that becomes the bigger legal issue for you.

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[406]

Hippa protects the person, nobody has a right to know what prescriptions you are taking. if a medical prescription can make you unfit to own a firearm, what keeps antidepressants, painkillers, anything that warms again using machinery from disqualification from legal gun ownership.

No, it doesn't. In many states that identifier is attached to your DL.

Oddly, CC is also attached to your DL.

I find both of these things to be unconstitutional.

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[brsnow]

No, it doesn't. In many states that identifier is attached to your DL.

Oddly, CC is also attached to your DL.

I find both of these things to be unconstitutional.

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What state puts medical marijuana designation on drivers license?

 

[BRTreedogs]

Ok ok
But they are asking if your an MJ user at the time of filling out the 4473.
Asking you if you are, NOT if you will be.
So they would have to prove you were using before you filled our you last 4473
But if you just started after filling it out you didn't answer the question unlawfully