Colorado group campaigns for equal gun rights for pot smokers

[Eugene]

Source: Associated Press

Colorado group campaigns for equal gun rights for pot smokers

Associated Press in Denver
theguardian.com, Tuesday 23 December 2014 19.38 GMT

Colorado was the first state to flout federal drug law with recreational marijuana sales. Now the state’s voters may consider a ballot measure to allow pot smokers to carry a concealed firearm.

The “Colorado Campaign for Equal Gun Rights” is working to put a question on the November 2016 ballot to have Colorado ignore guidelines from the US Bureau of Alcohol, Tobacco, Firearms and Explosives about firearms and pot.

The measure would change state law to prevent sheriffs from denying concealed-carry permits because of marijuana use. It’s a new frontier in the marijuana wars, and one that has divided gun-rights activists.

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He said he and his campaign partner, Isaac Chase, who run a firearm training business called “Guns For Everyone,” are reaching out to gun rights groups for support, including those involved in last year’s recall of two state senators who supported stricter firearm laws. Colorado organizers need more than 86,100 signatures to send the question to voters, and it’s unclear whether Antillon’s campaign will get enough support to launch.

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Read more: http://www.theguardian.com/us-news/2014/dec/23/colorado-campaign-pot-smokers-concealed-gun-permit

[Politicalboi]

2. Are drug tests needed to buy guns?

How do they know you smoke dope? And why the fuck is it any of their business? I am not a gun supporter, and think all guns are bad. But weed is good, very good. Load bongs not guns

[Straw Man]

6. No.

Are drug tests needed to buy guns?

How do they know you smoke dope?

You have to fill out a Federal form (4473) and have a background check. On the form, there is a question about whether you are user of marijuana or other illegal drugs. So let's say you lie. Then you have committed a federal felony. When you take possession of the firearm, you are committing another, since the question you lied about on Form 4473 makes you a "prohibited person."

Would you get caught? Probably not, but there are consequences if you are.

[benEzra]

11. They can cross-check you against a medical MJ card

and if you have both a card and a carry license, you lose your civil rights for the rest of your life. Also keep in mind that these laws are often enforced with dynamic-entry raids in the middle of the night.

[Res Publica]

12. Really? I have heard otherwise.

I believe the HIPAA protects you from anyone including state governments from legally disclosing your health details including mmj use. But still you are lying on the form, which said form should be abolished anyhow.

[Lurks Often]

3. CO state law is irrelevant, Federal law states that

use of an illegal drug, which marijuana still is under Federal law, means a person is disqualified from purchasing a firearm.

[Nuclear Unicorn]

7. Technically, Federal law says people are disqualified from buying pot; but here we are. nt

[Lurks Often]

8. The specific language under line 'e' is:

"Are you an unlawful user of, addicted to, marijuana and any depressant, stimulant, narcotic drug, or any other controlled substance"

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

Since pot is still illegal under Federal law, CO residents are prohibited from buying a gun from any person or entity that is required to fill out ATF Form 4473 and do a Federal background check.

Since CO law requires a background check on all transactions and does not appear to have it's own state background check system, technically anyone buying pot in CO can not legally buy a gun as well.

[Nuclear Unicorn]

9. Strictly in the interests of this dialogue and NOT to argue

I accept everything you say as technically accurate. However, (you just knew there had to be a "however", huh?) --

Could it be claimed that CO is simply using the NICS but does not consider an affirmative answer to Line E to be a disqualifier to a purchase within the state. After all, the NICS does not approve a sale, it merely verifies if a disqualifying record is noted in the system.

[Lurks Often]

10. It's not up to the state of CO, Federal law takes precedence

I also strongly suspect NO FFL will transfer a firearm if the applicant answers Yes to line 'e' since doing so would risk getting their license revoked and possibly face charges by the ATF. In practice I doubt the ATF would actually jail the FFL, but would yank the license and probably hit them with a a major fine.

[petronius]

4. Ideally, the federal law would change--marijuana use should not affect firearms-related rights

any more than alcohol does--but good on (these residents of) CO for taking the lead and pushing the issue...

[TreasonousBastard]

5. If you can drink and carry, take prescription meds and carry...

why not bong hits and carry?

It's just the right thing to do.

[NYC_SKP]

13. Colorado is the craziest place.

It's got a little of everything, RWNJs, whackadoodles, all sorts!