2024 - HB296 (SB348) - Firearms - Right to Purchase, Own, Possess, and Carry

[dblas]

HB296 - Firearms - Right to Purchase, Own, Possess, and Carry

Providing that a person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is authorized to use medical cannabis.

Link to House Bill: https://mgaleg.maryland.gov/2024RS/bills/hb/hb0296F.pdf

Link to Senate Bill: https://mgaleg.maryland.gov/2024RS/bills/sb/sb0348F.pdf

 

[tallen702]

HB296 - Firearms - Right to Purchase, Own, Possess, and Carry

Providing that a person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is authorized to use medical cannabis.

Link to House Bill: https://mgaleg.maryland.gov/2024RS/bills/hb/hb0296F.pdf

Link to Senate Bill: https://mgaleg.maryland.gov/2024RS/bills/sb/sb0348F.pdf

So, how do they make this jive with the federal prohibition?

 

[dblas]

So, how do they make this jive with the federal prohibition?

They can't really, not until MJ come off of schedule 1 at the federal level. But it would set the table for a smooth transition if that ever happens.

 

[tallen702]

They can't really, not until MJ come off of schedule 1 at the federal level. But it would set the table for a smooth transition if that ever happens.

Ah, okay, that makes more sense.

 

[fishgutzy]

They can't really, not until MJ come off of schedule 1 at the federal level. But it would set the table for a smooth transition if that ever happens.

Exactly.
Oregon tried that. Even for the state Supreme Court to back them up.
Fed law still prohibits.

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[mpollan1]

FDA is on it. Supports reclassifying pot

 

[lazarus]

Exactly.
Oregon tried that. Even for the state Supreme Court to back them up.
Fed law still prohibits.

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The point though is, it removes it from being a state crime. State police are generally only empowered to enforce state law, unless they are deputized/federalized.

The state can't stop you from buying a gun if you use cannabis. Dealers still have to comply with federal law though.

But it would also do things like prohibit medical cannabis or recreational cannabis from being a concern for permitting or handgun purchases on state background checks.

 

[BurkeM]

HB296 - Firearms - Right to Purchase, Own, Possess, and Carry

Providing that a person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is authorized to use medical cannabis.

Link to House Bill: https://mgaleg.maryland.gov/2024RS/bills/hb/hb0296F.pdf

Link to Senate Bill: https://mgaleg.maryland.gov/2024RS/bills/sb/sb0348F.pdf

A 'feel good' bill that ignores federal law.

 

[fishgutzy]

The point though is, it removes it from being a state crime. State police are generally only empowered to enforce state law, unless they are deputized/federalized.

The state can't stop you from buying a gun if you use cannabis. Dealers still have to comply with federal law though.

But it would also do things like prohibit medical cannabis or recreational cannabis from being a concern for permitting or handgun purchases on state background checks.

Won't stop a DA from referring someone for federal prosecution for pot and gun possession.

 

[lazarus]

Won't stop a DA from referring someone for federal prosecution for pot and gun possession.

Sure. Still have to go down that path of the DA needing become aware of it. Which is going to take police needing a reason to investigate you. And if not a state crime…

 

[6-Pack]

They can't really, not until MJ come off of schedule 1 at the federal level. But it would set the table for a smooth transition if that ever happens.

I believe it’s going to be rescheduled to Schedule III later this year.

 

[dblas]

Won't stop a DA from referring someone for federal prosecution for pot and gun possession.

It would have to be a Federal AAG. How many of them are going to get involved for something that simple, that doesn't include a state level or federal level violent crime?

 

[dblas]

I believe it’s going to be rescheduled to Schedule III later this year.

I've been watching this, and it would appear to be heading that way.

 

[scottyfz6]

The point though is, it removes it from being a state crime. State police are generally only empowered to enforce state law, unless they are deputized/federalized.

The state can't stop you from buying a gun if you use cannabis. Dealers still have to comply with federal law though.

But it would also do things like prohibit medical cannabis or recreational cannabis from being a concern for permitting or handgun purchases on state background checks.

Except for regulated firearms, the MSP lic div is on record saying they have to follow federal law. If something is a federal disqualifier but not one in maryland the MSP will say no to the purchase as they "have" to follow fed law.

 

[Biggfoot44]

Deja Vu , all over again .

 

[fishgutzy]

It would have to be a Federal AAG. How many of them are going to get involved for something that simple, that doesn't include a state level or federal level violent crime?

If it is an enemy of the ruling class, 100%. If it a Biden, 0%