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DaveTN

Pot & Guns

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While this doesn’t apply to Tennessee yet….it may soon. On the 1st pot was legalized for recreational use in Illinois. For those who may not know Illinois residents are required to have a FOID (Firearm Owners Identification) card to purchase or possess firearms or ammunition. If you are an Illinois resident, its illegal for you to have a bullet in your pocket without this card on your person. FOID laws and requirements do not apply to out of state visitors, as only residents can get the card. Carry permits are something very different and are only required for those residents that want to carry. But if your FOID card is revoked; you carry permit is revoked.

So, when you go into the weed shop, they document who you are and what you buy. At this point, no one is saying, or really seems to know for sure, who has access to that information.

That raises the question of drug use, guns, and question 11e on form 4473 when you buy a gun.

The Illinois State Police responded on their FaceBook page by saying this…

Quote

The Illinois State Police will not revoke Firearm’s Owner’s Identification Cards based solely on a person’s legal use of adult use cannabis. Pursuant to both State and Federal law, a person who is addicted to or a habitual user of narcotics is not permitted to possess or use firearms. Accordingly, the ISP will revoke FOID cards where it is demonstrated that an individual is addicted to or is a habitual user of cannabis. The ISP would also revoke or deny the FOID cards of those who violate certain provisions of the Cannabis Regulation and Tax Act. The use of cannabis is still considered to be illegal by the Federal government and the purchase of a firearm from a federally licensed firearms dealer is governed by Federal law.

I read that as them saying merely showing up in the database is not cause for revocation. But the cards will be revoked where it is demonstrated that an individual is addicted to or is a habitual user of cannabis. I guess the question there is what is “habitual” and will the documentation at the store be used to show that?

The also make it clear that the use of pot is still a crime under Federal and that the Feds will deal with gun purchases from an FFL; not them.

So, 4473 11e….

Quote

 

e. 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.

 

Unless I’m mistaken lying on that form is a felony? So the question becomes; are some pot smokers going to made examples of by the Feds?

Edited by DaveTN

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Personally I wouldn’t take the chance.  With red flag and any excuse to deny one a firearm, too risky.

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It’s a sticky wicket that I want no part of figuring out. Between guns and my CDL, it doesn’t matter what the state does, I’m not risking it as long as it’s illegal on a federal level. 

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4 minutes ago, Chucktshoes said:

It’s a sticky wicket that I want no part of figuring out. Between guns and my CDL, it doesn’t matter what the state does, I’m not risking it as long as it’s illegal on a federal level. 

Not to mention other professional licenses.

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24 minutes ago, chances R said:

Not to mention other professional licenses.

Good thing it’s no loss for me. I don’t even like weed. 😆

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It’s rather ironic that the States now most asserting their rights and will as intended by the entire concept of The United States are the most liberal.  By “liberal” I mean letting the citizens live the way they want.

 

Edited by Garufa
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Sounds like a good reason to shop the black market, if you are so inclined. 

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3 hours ago, DaveTN said:

ISP will revoke FOID cards where it is demonstrated that an individual is addicted to or is a habitual user of cannabis.

So just how many times do you have to buy cannabis on the books to be called a habitual user?

 

2 hours ago, Chucktshoes said:

I’m not risking it as long as it’s illegal on a federal level. 

DING, DING, DING we have a winner.

If and when it is no longer a federal crime we will see if laws gets changed.

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1 hour ago, Garufa said:

It’s rather ironic that the States now most asserting their rights and will as intended by the entire concept of The United States are the most liberal.  By “liberal” I mean letting the citizens live the way they want.

 

Unless they want to own guns.

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54 minutes ago, deerslayer said:

Unless they want to own guns.

That kind of control they’re not going to give up.

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Anybody caught lying or stealing should count on prosecution as the Government frowns on competition

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2 hours ago, 10-Ring said:

Sounds like a good reason to shop the black market, if you are so inclined. 

That’s where those that can’t afford the luxury of legal pot will still get it. The legal pot cost is far above the illegal stuff.

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17 hours ago, Garufa said:

It’s rather ironic that the States now most asserting their rights and will as intended by the entire concept of The United States are the most liberal.  By “liberal” I mean letting the citizens live the way they want.

 

As long as what you want lines up with what they want.

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7 minutes ago, E4 No More said:

As long as what you want lines up with what they want.

Prezackly.

And in Illinois that means the whole state doing what the far-left liberals in Chicagoland want. The same thing is happening here; we just have them spread out covering the state more.

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