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Old Yesterday, 01:03 PM #121
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Quote:
Originally Posted by Abulg1972 View Post
I would argue that there's already a carve-out for holders of a medical marijuana card. Section 13-3313(a)(1) of the Health-General Article of the MD Code provides that a qualifying patient may not be subject to arrest, prosecution, or any civil or administrative penalty . . . or be denied any right or privilege, for the medical use of or possession of medical cannabis."

That seems pretty clear to me that a gun owner cannot be stripped of his or her right to own/possess/use that gun on account of being a card holder, nor can he or she be prohibited from owning/possessing/using a gun that he/she acquired after obtaining a card. I am not familiar with the issue, but I believe that the State Police has taken some position to the effect that they won't approve a 77R unless a patient has relinquished a card for 12 months, but, if that's true, I think that's phooey.
This sounds like the MSP are making their own laws ? I'm not surprised, they are continually allowed to do that here in MD.
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Old Yesterday, 01:12 PM #122
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Originally Posted by Abulg1972 View Post
I was responding to the issue of Maryland law. With that said, Iím curious as to whether you can point me to a provision of the GCA of 1968 that would require a card holder to relinquish his/her firearm on account of that card (hint: I donít think you will be able to find one).
ATF guidance is it's against federal law. Letter won't post for some reason.

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Old Yesterday, 01:15 PM #123
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Originally Posted by Mack C-85 View Post
ATFs current guidance.....Attachment 260734
Paragraph 4, sentence 1, FTW/FTL, depending on your way of thinking.
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Old Yesterday, 01:20 PM #124
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Medical Marijuana card and 2A

Quote:
Originally Posted by Mack C-85 View Post
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Except that ... this guidance really relates to Form 4473 and the acquisition of a firearm from a dealer. I donít disagree that a person who has a card would be prohibited from acquiring and thereafter possessing a firearm that he/she obtained from a dealer. Iím talking about a person who lawfully acquired a firearm and then was issued a card. Note that Section 922(g) actually prohibits a listed person from ďpossess[ing] in or affecting commerce, any firearm or ammunition.Ē Whether the ATF would say that this restriction kicks in on the basis that, at one time, the firearm affected interstate commerce ... I donít know.
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Old Yesterday, 02:09 PM #125
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I can tell you about the state of the issue here in Maryland.

The federal laws and regulations are prohibitive. However, the states are taking action:

https://blog.tenthamendmentcenter.co...marijuana-use/

In fact, here in Maryland, there have been several bills on the issue. The Senate moved Senator Hough's bill but it stalled in the House.

http://mgaleg.maryland.gov/webmga/fr...b=01&ys=2019RS

Judiciary also did not move on my bill:

http://mgaleg.maryland.gov/webmga/fr...b=01&ys=2019RS

I am on Judiciary and I have talked personally with Chair Clippinger on this specific issue. He would like to have the legalization workgroup look at the issue.

http://mgaleg.maryland.gov/webmga/fr...id=MLW&stab=01

That workgroup has not met yet in the interim. I would watch for the workgroup to meet and discuss this issue.
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Old Yesterday, 02:18 PM #126
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Quote:
Originally Posted by Abulg1972 View Post
I would argue that there's already a carve-out for holders of a medical marijuana card. Section 13-3313(a)(1) of the Health-General Article of the MD Code provides that a qualifying patient may not be subject to arrest, prosecution, or any civil or administrative penalty . . . or be denied any right or privilege, for the medical use of or possession of medical cannabis."

That seems pretty clear to me that a gun owner cannot be stripped of his or her right to own/possess/use that gun on account of being a card holder, nor can he or she be prohibited from owning/possessing/using a gun that he/she acquired after obtaining a card. I am not familiar with the issue, but I believe that the State Police has taken some position to the effect that they won't approve a 77R unless a patient has relinquished a card for 12 months, but, if that's true, I think that's phooey.
The state is clearly in violation of the current law. If someone sued the state, it would most certainly help.
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Old Yesterday, 02:54 PM #127
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Thanks for the info Delegate Grammer.
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Old Yesterday, 02:56 PM #128
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Quote:
Originally Posted by ironpony View Post
This sounds like the MSP are making their own laws ? I'm not surprised, they are continually allowed to do that here in MD.
I'm not surprised.

"That's the way we've always done it". (aka: make up the law as you go)
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Old Yesterday, 03:02 PM #129
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I've got a novel idea, how about the Federal Government stay the ef out of it?

It's fairly obvious they know they'll lose revenue from the fact that people will almost certainly consume less alcohol and possibly other legal recreational (prescription) drugs that are all but openly abused and no one seems to mind.....<cough-cough>........Adderall.....Xanax....

Who exactly is all that worried about their stoner neighbor anyway? Is that the guy who's going to be rooting through your shed at 2AM? Are they the ones who will have knock down/drag out fights at all hours of the night and have the police at the house?

Hint.........NO, they're not.
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Old Yesterday, 07:20 PM #130
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The thing is, the MSP isn't involved on not disapproving long gun sales anyway, and even if they did not dissaprove a 77r, the purchaser would presumably still be denied by the NICS.
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