willbird wrote:JustaShooter wrote:willbird wrote:Under federal law the guy still cannot buy a gun though ??
I don't believe that's the case. A single minor misdemeanor conviction does not look to me like it would be a disqualifier under Federal law. Federal law prohibits "a person who is an unlawful user of or who is addicted to a controlled substance". Seems to me like it would take more than one MM in the person's past to establish them as a prohibited person under that standard.
Yea it had been quite some time since I had dug into it. The courts have ruled that a MM card can preclude one from buying from FFL due to the "habitual user" language.
I'm just hard wired to a lifetime of thinking any weed conviction would remove your second amendment rights...in my own case it was a GOOD fear...it pushed me towards a life of sobriety since 11-12-1991.
Bill
A medical marijuana card is different though, it might imply that you're a
current user. Not the same as someone who, say 5 or 10 yrs. ago had a minor misdemeanor for possession.
(reference the word "is" in the 4473 question, not "were you ever" or "or have ever been", for example.)