You cannot buy marijuana in New York State and also buy or possess a firearm!

[Truebeliever]

Could be, but that doesn't mean you cannot be found guilty of lying on the 4473, or being a user in possession. The purchase is simply the indicator that will start the investigation. It wouldn't be hard to show a person is a user. This is very basic investigative stuff here.

Thank you for pointing this out to some wishful thinkers.

Just look at the SCOTUS case on form 4473. A person ( former LEO) bought a gun for his uncle under the blue label program. He transferred the gun the next day thru an FFL to his uncle who was legally allowed to purchase the gun. The Uncle passed the NICS check and received the gun. They still charged the former LEO with lying on the form . One of the only people in the country ever prosecuted for it. He did not have intent to defraud the government and if his uncle hadn’t agreed to pay for the gun it would be completely legal . And they sent it thru a NICS checkforvthe Uncle to receive it. SCOTUS said it didn’t matter— guilty.

 

[spat]

This entire conversation has been set in the context of "purchase or possession does not equate to use" - see the thread title. You're talking about someone actually using. We diverged at some point here. I am not advocating for unlawful behavior, I am talking about the facts concerning what the 4473 actually says, and why possession or purchase of marijuana does not obligate a person to answer "yes" to whether or not they are an unlawful user of or addicted to marijuana.

As to your discussion of an actual user, I suppose that would depend on the person. I don't drink much, but I don't abstain from alcohol, either. Someone would have to spend a whole lot of investigative resources to prove that I was not a teetotaler, and I really doubt they'd succeed without somehow getting cameras in my house. So, even with the revised context of an actual user, I remain skeptical that it "wouldn't be hard to show a person is a user." Furthermore, we both know the government doesn't have the resources to send federal investigators following gun owners around trying to catch them lighting up... this is an entirely unrealistic scenario.

They almost never prosecute the easy obvious violations of the 4473.

If they're not even going after the convicted felon who fails NICS, but checks the "I'm a good guy, honest" box on the 4473, are they really going to setup a stake out and 24/7 surveillance for some stoner ?

And I'm not even just talking about the Hunter Biden's. Even joe average felon gets a pass on that.

 

[spat]

Thank you for pointing this out to some wishful thinkers.

Just look at the SCOTUS case on form 4473. A person ( former LEO) bought a gun for his uncle under the blue label program. He transferred the gun the next day thru an FFL to his uncle who was legally allowed to purchase the gun. The Uncle passed the NICS check and received the gun. They still charged the former LEO with lying on the form . One of the only people in the country ever prosecuted for it. He did not have intent to defraud the government and if his uncle hadn’t agreed to pay for the gun it would be completely legal . And they sent it thru a NICS checkforvthe Uncle to receive it. SCOTUS said it didn’t matter— guilty.

The exception that proves the rule.

Hundreds of thousands of NICS denials. All of whom indicated they were legal to possess on the 4473. How many prosecutions ?

 

[holdover]

What about coke? or do they frown on that too?

 

[Bob]

What about coke? or do they frown on that too?

Interestingly enough, coke is not illegal on a federal level. It is classified as a Schedule II controlled substance - in the same classification as Adderall, Ritalin, and Oxycontin. If you can get a prescription for it, you can possess it.

Marijuana is classified as a Schedule I controlled substance that has no acceptable medical use in the United States.

 

[nortatoga]

Thank you for pointing this out to some wishful thinkers.

Just look at the SCOTUS case on form 4473. A person ( former LEO) bought a gun for his uncle under the blue label program. He transferred the gun the next day thru an FFL to his uncle who was legally allowed to purchase the gun. The Uncle passed the NICS check and received the gun. They still charged the former LEO with lying on the form . One of the only people in the country ever prosecuted for it. He did not have intent to defraud the government and if his uncle hadn’t agreed to pay for the gun it would be completely legal . And they sent it thru a NICS checkforvthe Uncle to receive it. SCOTUS said it didn’t matter— guilty.

He stated on the 4473 he was the buyer of the gun, then used a check from his uncle to pay for it. There is where he went wrong.

 

[libertysnake]

@cgrutt can confirm as well, but got an email from Black Rock Fish and Game Club this morning effectively saying people who use pot or any substance, outside of the bar at the clubhouse, are banned from using the range, hunting properties, and any facilities. They don't want any problems. I don't blame them. I don't want any association with that crap going into a 4473.

 

[drowhawk]

@cgrutt can confirm as well, but got an email from Black Rock Fish and Game Club this morning effectively saying people who use pot or any substance, outside of the bar at the clubhouse, are banned from using the range, hunting properties, and any facilities. They don't want any problems. I don't blame them. I don't want any association with that crap going into a 4473.

Can they drink and shoot still?

 

[libertysnake]

Can they drink and shoot still?

Not on the range afaik, nor would you want to. Only permitted in the clubhouse bar to my knowledge. No alcohol at all allowed on the range.

 

[drowhawk]

Not on the range afaik, nor would you want to. Only permitted in the clubhouse bar to my knowledge. No alcohol at all allowed on the range.

At least their policy is consistent between the two.

 

[libertysnake]

At least their policy is consistent between the two.

They only allow alcohol and maybe smoking, but only at the clubhouse. They don't allow any drugs on premises like pot, whether at the clubhouse or otherwise.

 

[drowhawk]

They only allow alcohol and maybe smoking, but only at the clubhouse. They don't allow any drugs on premises like pot, whether at the clubhouse or otherwise.

I don't think ANY drug use is appropriate around firearms. Alcohol, tobacco, OR marijuana. Being selective about which ones you allow just makes it seem like it's more about social norms and less about actual safety.

 

[libertysnake]

Incorrect.
They most certainly allow drug use. Arguably very dangerous drugs too- alcohol and tobacco.

Sounds like an old-guy's club that still refers to marijuana as the "devil's lettuce."

I don't think ANY drug use is appropriate around firearms. Alcohol, tobacco, OR marijuana. Being selective about which ones you allow just makes it seem like it's more about social norms and less about actual safety.

The range and clubhouse are separate areas. If you've been drinking you shouldn't be going to the range.

 

[drowhawk]

The range and clubhouse are separate areas. If you've been drinking you shouldn't be going to the range.

I absolutely agree and maybe I'm misunderstanding, but the alcohol won't get you banned from the club, but the pot will?

 

[SonOfSun]

I don't think ANY drug use is appropriate around firearms. Alcohol, tobacco, OR marijuana. Being selective about which ones you allow just makes it seem like it's more about social norms and less about actual safety.

Eh, I'm OK with tobacco + guns. As far as I know it doesn't reduce your ability to handle a firearm like booze, etc. would.

That being said, wouldn't much impact me, I don't use tobacco.

 

[libertysnake]

I absolutely agree and maybe I'm misunderstanding, but the alcohol won't get you banned from the club, but the pot will?

If you're drinking at the clubhouse, at the clubhouse bar, that's ok. You cannot drink on the range, though.

Drug use of any kind outside of normal alcohol / tobacco isn't permitted.

 

[CaseHardened]

That's right! You cannot buy marijuana in New York State and also buy or possess a firearm.
Many have asked "Can I buy marijuana from a State-licensed marijuana store and keep my firearms.
Although I have never done it, I am sure that you must show your driver's license to buy pot. The same driver's license that you don't have to show to vote.

VERIFY: Can you buy or possess a firearm if you use marijuana?

Our Verify team checks with legal experts about cannabis use and firearms in New York State, now that recreational use is legal.

www.wgrz.com

This is true in Massachusetts as well.

In fact, I believe that as Marijuana is illegal on the Federal level, the ATF will not allow anyone who smokes it to obtain a firearm.

Except for Hunter Biden.

 

[drowhawk]

If you're drinking at the clubhouse, at the clubhouse bar, that's ok. You cannot drink on the range, though.

Drug use of any kind outside of normal alcohol / tobacco isn't permitted.

That's what I thought. Which is totally the prerogative of a private club to have that policy, I was just curious.

 

[CaseHardened]

Alcohol or Marijuana are grounds for permanent expulsion from my local Gun Club.

Which is how it should be.

 

[drowhawk]

Alcohol or Marijuana are grounds for permanent expulsion from my local Gun Club.

Which is how it should be.

Agreed. You shouldn't be under the influence of ANYTHING when you're out shooting.

 

[stokes]

hat's what I thought. Which is totally the prerogative of a private club to have that policy, I was just curious.

A big reason for alcohol restrictions is insurance.How fast will an insurance co drop them if they saw alcohol on the range?Its a safety issue too, of course.

 

[Truebeliever]

The exception that proves the rule.

Hundreds of thousands of NICS denials. All of whom indicated they were legal to possess on the 4473. How many prosecutions ?

Yep. And the guys arrested were not denied the transaction. The arrest cam later when they couldn’t get him on anything else.

 

[Truebeliever]

Interestingly enough, coke is not illegal on a federal level. It is classified as a Schedule II controlled substance - in the same classification as Adderall, Ritalin, and Oxycontin. If you can get a prescription for it, you can possess it.

Marijuana is classified as a Schedule I controlled substance that has no acceptable medical use in the United States.

Cocaine is used in medical procedures especially nasal surgery .

 

[Deplorable Me]

I don't smoke weed, but if I did, I wouldn't buy it from the state. Don't feed the pig.

Grow your own, brew your own, reload your own.

 

[cgrutt]

Can they drink and shoot still?

Clubhouse is a few miles from range and only opened late afternoon/early evening AFAIK. Range closes at sunset. Never saw anybody drinking or otherwise at range.

 

[libertysnake]

Clubhouse is a few miles from range and only opened late afternoon/early evening AFAIK. Range closes at sunset. Never saw anybody drinking or otherwise at range.

Yeah, totally different physical location. Nothing is tolerated at the range grounds itself.

 

[Acer-m14]

BTW ... its Cannabis .. Marijuana is a made up word like assault rifle

 

[spat]

BTW ... its Cannabis .. Marijuana is a made up word like assault rifle

Even worse if you spell it the NY way with the "H".

 

[Chevusa]

Sorry to burst some bubbles but here we go.

Per a lawyer live on-air:

1. Even possessing marijuana bars you from possessing or buying a firearm per federal law, not just being a user. So the it’s not mine I got it for a friend doesn’t fly.
2. In NY the state may charge you with this federal crime. It does not have to be charged only by the feds. You can get it either way in either court.
3. You are guilty of a crime if you allow access to another person who is a user or possessor.
4. There needs to be an axis of time - significant time between going from an unlawful user to not an unlawful user. Saying you quit last week doesn’t fly.

All right from the lawyers mouth. WBEN news radio. A little after 2 pm today 5/7. Look up the website and listen to the archived show for yourself. Do not reply with what you think or what your cousin told you. These are the facts right from the expert. There were more things discussed also.

 

[drowhawk]

Sorry to burst some bubbles but here we go.

Per a lawyer live on-air:

1. Even possessing marijuana bars you from possessing or buying a firearm per federal law, not just being a user. So the it’s not mine I got it for a friend doesn’t fly.
2. In NY the state may charge you with this federal crime. It does not have to be charged only by the feds. You can get it either way in either court.
3. You are guilty of a crime if you allow access to another person who is a user or possessor.
4. There needs to be an axis of time - significant time between going from an unlawful user to not an unlawful user. Saying you quit last week doesn’t fly.

All right from the lawyers mouth. WBEN news radio. A little after 2 pm today 5/7. Look up the website and listen to the archived show for yourself. Do not reply with what you think or what your cousin told you. These are the facts right from the expert. There were more things discussed also.

I don't think the argument here ever was: "could they?" I think the question at hand is: "will they?"