Arizona -(Ammoland.com)- Pennsylvania is struggling with the legalization of medical marijuana and the Federal prohibition of marijuana use.
The state police have quoted federal law as prohibiting people who legally use marijuana under state law, from purchasing firearms under federal law. Medical marijuana users may be denied a Pennsylvania license to carry firearms.
From the Pennsylvania State Police website:
If you are holder of a Medical Marijuana Card, it is important that you know:
- It is unlawful for you to attempt to purchase a firearm under Federal law and you will be denied during your Pennsylvania State Police background check, due to prohibitions under 18 U.S.C. § 922(g)(3).
- It is unlawful under federal law for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and we recommend that you consult an attorney if you have any questions about your firearms. Again, this is due to prohibitions under 18 U.S.C. § 922(g)(3).
- It is also unlawful for you to apply for, possess or renew a Pennsylvania License to Carry Firearm (LTC), because you are “[a]n individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.” (see above). The sheriff should not process your application if you truthfully indicate to the sheriff that you are the holder of a Medical Marijuana Card. Additionally, you will be denied during the Pennsylvania State Police background check, which occurs as part of the LTC application or renewal process.
An earlier statement, suggested medical marijuana users should give up their firearms. CBS reported this statement was on the Pennsylvania State Police website.
“It is unlawful for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and you should consult an attorney about the best way to dispose of your firearms.”
The above statement is no longer found on the State Police website. Governor Tom Wolf has reassured Pennsylvania gun owners that Pennsylvania police will not be seeking medical marijuana users to confiscate their guns.
According to the governor, the Pennsylvania State Police do not advise that if people receive medical marijuana they get rid of their guns. However, if they have questions about gun ownership and applying for medical marijuana, they should consult with their attorneys.
The one thing Wolf was clear on is that the state will not be seeking out those who already own guns.
“We’re not going to take their guns away,” Wolf said.
A worrisome possibility is that the database of medical marijuana users could be introduced into the federal National Instant Check System. The medical marijuana users could be tagged as prohibited possessors. If a background check was run on an individual who was on the list, they would show as a prohibited possessor.
It seems unlikely that while Governor Wolf is in office, the Pennsylvania government would turn over the database of medical marijuana users. But digital databases are easily moved around. A future Pennsylvania government may not be so sensitive to privacy issues.
The issue of medical marijuana and prohibited possessors is not going away. The rational thing would be to reform the federal law and reduce the categories of prohibited possessors to those who have committed violent crimes.
2017 by Dean Weingarten: Permission to share is granted when this notice is included.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.
Henry:
Your post closes with “the press leaves out a lot”. You have that right. Interesting that you should so note.
Alan
My thinking about the present governor having been made amply clear, see above, it remains that Wolf beat the opposition candidate.
Legalize EVERY RECREATIONAL DRUG!
There should then be a MANDATORY death penalty if a killer is convicted of killing under the influence of ANY drug INCLUDING Maryjane AND alcohol.
Also if a RECREATIONAL drug user is found to have overdosed, LET ‘EM DIE!!!
I wonder what will happen to cancer rates thanks to all those LEGAL smokers taking advantage of legal, danger free use.
Additionally, as has been noted, look out for those digital data bases, and the legs that they might sprout. Speaking personally, I prefer good scotch, though I admit that I have not actually imbibed grass, as it is known.
The Coal and Iron Cops, aka The Pennsylvania State Police have long been a law unto themselves, to the detriment of many people. That said, the position of the governor is surprising. Be interesting to see how the cookie crumbles.
Just don’t forget the ‘antis’ are looking for any ‘excuse’ to further curb or nullify your 2nd Amendment rights!
Where do you draw the line on who can possess a firearm? There are more classifications of people who cannot own a firearm than those who can. I somebody would make up their/my mind for me ast who or who can’t own a firearm.
Mr. Weingarten, respectfully you are wrong about the PA State Police website and their advocacy for ridding ones currently possessed firearms if they are a Medical Marijuana card holder/user! I have put the link below to the current website admonishment below:
https://www.psp.pa.gov/firearms-information/Pages/Firearms-Information.aspx
Attorneys already report clients having problems in this area of law!
Here is something to consider: Are there any other medical treatments or medications that prohibit a person from owning firearms? You can’t tell me medical marijuana is the most powerful medicine on the market. So why pick on this stuff and not Codine, or Percoset, or Valium, or a hundred other mind-altering pharmaceuticals? This all boils down to the fact that states can decriminalize marijuana for medical and/or recreational use if they choose, but the fed isn’t budging on the matter. It’s time to grow up and realize marijuana is no more dangerous or addictive than alcohol. In fact, it’s… Read more »
To state up front, I support the use of non traditional remedies for the treatment of chronic or life threatening conditions. However, driving or operating a motor vehicle while under the influence or impaired, is a crime. The same laws would also apply to medical marijuana, pain killers and firearm carry/use, using a firearm would also be a crime. Operating a motor vehicle while impaired is a crime in most states. A medical marijuana card allows you to obtain and possess MM, it does not however give you the right to drive while impaired. In the Pennsylvania State Police posting,… Read more »