NYS background check
- Thread starter williduns
- Start date
libertysnake
.338 Win Mag
You should talk to a lawyer. You should never talk to LEO without the advisement of a lawyer because you may say something that will not be in your favor.
Good advice. I’m curious if it’ll even show up.
Saltwater60
.950 JDJ
I would think it would show up. NYS doesn’t want you to have a gun. However IMO if it’s a medical MJ card you should be ok. Opioids are prescribed and you don’t have to relinquish your firearms.
libertysnake
.338 Win Mag
Yes, but the 4473 still asks the question, and that's federal.
Thanks. It’ll be interesting to see what happens.
I know that. Truth is my mom suffers from advanced Parkinson’s and I got to take her to a dispensary to try a different treatment. I’ve never used a day in my life.
libertysnake
.338 Win Mag
I would still talk to a lawyer, and get your documentation in a row. If you're not a user, but you have a card to purchase for someone else, you want to make sure that documentation is in writing and with the correct signatures so there are no questions regarding answering "no" on the 4473.
Do yourself a favor and read the ATF's position, read it a couple times and digest what it says, print a copy and take it to your Lawyer and ask him what it means, it's not complicated, and remember: Federal Law (which Licenses the Dealer and sets the rules) is not the same or in collusion with State Laws.
https://www.google.com/url?sa=t&rct...211/download&usg=AOvVaw1_XT24d4ay60fw12iszcf-
https://www.google.com/url?sa=t&rct...211/download&usg=AOvVaw1_XT24d4ay60fw12iszcf-
Thanks for feedback. Just to clarify I drove her and wheelchaired her into the appt. they only allow card holders through the door. I never and would never purchase for myself or another.
libertysnake
.338 Win Mag
That needs to be clear then and in writing the purpose you have the card for -- but still, I would talk to lawyer about what the best way is to gather that info / what counts as sufficient documentation.
4WHLDRFTN
6.5 Creedmoor
what are you at this moment in time 
Acer-m14
.950 JDJ
Hunter Passed it .. just saying ..
masterswimmer
.450/400 Nitro Ex
My understanding of the NYS medical marijuana law (I AM NOT A LAWYER) is the product dispensed does not create a high. It is basically the (CBD) cannabidiol without any of the (THC) tetrahydrocannabinols that are the euphoric ingredient in pot.
Medical marijuana does not get you high. I would think any lawyer would be able to use this as a supporting argument for there being no issue to a handgun permit along with a medical marijuana card in NYS.....whether you are or aren't the one using the medical marijuana. Non issue IMO.
Medical marijuana does not get you high. I would think any lawyer would be able to use this as a supporting argument for there being no issue to a handgun permit along with a medical marijuana card in NYS.....whether you are or aren't the one using the medical marijuana. Non issue IMO.
Federally prohibited from buying or possessing a gun sir. The feds make no exemption for medical marijuana. If you’re a user, you’re a user.
It’s going to be hard to say you’re not if you have a weed card. How long ago was the card issued? You are going to need to create a significant amount of time between when you got the card (or the card expired) until now.
I recently heard a lawyer talk on this and the interview is posted here somewhere. Do a search. A very significant time must pass in order to show you are no longer a user or addicted. I can’t say exactly how long as each judge can interpret it differently but the lawyer suggests several years is a good start. I wouldn’t try to pull the “but I haven’t smoked in 2 months” line. The feds don’t have much of a sense of humor.
It’s going to be hard to say you’re not if you have a weed card. How long ago was the card issued? You are going to need to create a significant amount of time between when you got the card (or the card expired) until now.
I recently heard a lawyer talk on this and the interview is posted here somewhere. Do a search. A very significant time must pass in order to show you are no longer a user or addicted. I can’t say exactly how long as each judge can interpret it differently but the lawyer suggests several years is a good start. I wouldn’t try to pull the “but I haven’t smoked in 2 months” line. The feds don’t have much of a sense of humor.
Saltwater60
.950 JDJ
Yet many cops have used weed in the past and I think Buffalo even said this won’t bar us from hiring you anymore.
My first thought would be do the feds even know if you’re issued a medical marijuana card? Opioids are prohibited as well yet many take them medically and aren’t barred from purchasing guns.
Nothing that you mentioned contradicts or is even related to what I laid out though.
This is the portion of the instructions pertaining to 11 (b) "...is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance;..."
Marijuana vs. Guns | Second Call Defense
It's really subjective to a point depending on what you are or have been doing in the last few (insert unknown time). Smoked dope years ago at a party but not since then, I (again, subjective) would not consider you an illegal user as it's not current or continual..."yea, every weekend I get high, but not today" then I would consider you an illegal user. Now, that's my opinion and it means nothing unless you check the box to 11b. "yes" or you come in smelling like marijuana or stoned to bejeezus.
I encourage the readers again to read the Open Letter to Dealers (.pdf) found on the ATF Website: Firearms Open Letters | Page 3 | Bureau of Alcohol, Tobacco, Firearms and Explosives
Title:
All FFLs-Sept2011-Open Letter-Marijuana for Medicinal Purposes (56.61 KB)
Marijuana vs. Guns | Second Call Defense
It's really subjective to a point depending on what you are or have been doing in the last few (insert unknown time). Smoked dope years ago at a party but not since then, I (again, subjective) would not consider you an illegal user as it's not current or continual..."yea, every weekend I get high, but not today" then I would consider you an illegal user. Now, that's my opinion and it means nothing unless you check the box to 11b. "yes" or you come in smelling like marijuana or stoned to bejeezus.
I encourage the readers again to read the Open Letter to Dealers (.pdf) found on the ATF Website: Firearms Open Letters | Page 3 | Bureau of Alcohol, Tobacco, Firearms and Explosives
Title:
Here is the interview with an expert lawyer on the exact topic. He will answer your questions and is much better than you reading a document and trying to figure it out for yourself.
Go to the 11 minute mark. He talks aboutexactly what you asked. These must be a “temporal nexus” between having a card and possessing a gun.
Go to the 11 minute mark. He talks aboutexactly what you asked. These must be a “temporal nexus” between having a card and possessing a gun.
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drowhawk
.44 mag
I know several people with current medical cards that also have CCW. They either got the medical before the CCW or the other way around; didn't seem to make a difference. Never came up. I even know someone that answered "YES" on the PP application, was brought before a judge before a hearing, and STILL got their CCW. Judge didn't even care about the marijuana or even prior marijuana arrests. He was more interested in the details on a disorderly conduct ticket. The issuing authority makes the call- for better or for worse.
Any lawyer worth his salt will tell you no matter what, to be honest on your application. Unfortunately here in NY, you must throw yourself at the mercy of the court, and hope they are conservative in their permitting regime. Some counties this is great and others, not so much.
Any lawyer worth his salt will tell you no matter what, to be honest on your application. Unfortunately here in NY, you must throw yourself at the mercy of the court, and hope they are conservative in their permitting regime. Some counties this is great and others, not so much.