Have your firearm license been denied or revoked because you were in possession of a \u201clegal\u201d medical marijuana card in Massachusetts? Read on.<\/p>\n\n\n\n
In 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosive (BATFE), posted an open letter stating that federal law \u201cprohibits any person who is an \u2018unlawful user of or addicted to any controlled substance\u2026\u2019 from shipping, transporting, receiving or possessing firearms or ammunition.\u201d It is \u201cunlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance.\u201d BATFE\u2019s letter also stated that \u201cherefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medical purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.\u201d<\/p>\n\n\n\n Whether you like it or not, the federal government, not states, regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. \u00a7 811). The CSA does not recognize the difference between medical and recreational use of cannabis and cannabis is treated like every other controlled substance. Under the CSA, every controlled substance in a schedule. Cannabis is classified as a Schedule I drug.<\/p>\n\n\n\n 18 U.S.C. \u00a7 922(g)(3) makes it a felony for an \u201cunlawful user of \u2026 any controlled substance\u201d to \u201cpossess \u2026 any firearm,\u201d and since marijuana is classified as a Schedule I controlled substance, it is a felony for a user of marijuana to possess a firearm. <\/p>\n\n\n\n First glance at the BATFE\u2019s website says that BATFE’s responsibilities are \u201cthe investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking of alcohol and tobacco products. The ATF also regulates, via licensing, the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of ATF’s activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods.\u201d<\/p>\n\n\n\n In 2016, in it\u2019s open letter, BATFE reinforced it\u2019s stance on marijuana. <\/p>\n\n\n\n If you look up a federal firearm transaction form, the federal firearms licensees, such as gun shops, are charged to determine whether a sale is lawful. Since the \u201cuse or possession of marijuana remains unlawful under Federal law regardless\u201d of Massachusetts\u2019s policies. See, https:\/\/www.atf.gov\/file\/61446\/download<\/a> <\/p>\n\n\n\n Question 11(e) says: In Wilson v. Lynch (2016), the Ninth Circuit upheld the constitutionality of \u00a7 922(d)(3) as it applies to medical marijuana cardholders. (Similar to \u00a7 922(g)(3), \u00a7 922(d)(3) makes it unlawful to sell a firearm to anyone who is \u201can unlawful user of or addicted to a controlled substance.\u201d)<\/p>\n\n\n\n Let\u2019s try it again. The United States Constitution contains a Supremacy Clause. Under the Supremacy Clause, Article VI, Clause 2 of the United States Constitution, the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme law of the land”. This means that state constitutions are subordinate to federal law. Even though Massachusetts decriminalized marijuana use, the G.L. c. 140 Sec 131 (e) requires a licensing authority to determine whether the possession of a firearm by an LTC application would be a violation of state or federal law. <\/p>\n\n\n\n Short answer, don\u2019t give a hard time to your local licensing authority for being unable to give you the firearms license if you hold a medical marijuana card. <\/p>\n\n\n\n Now, you know!<\/p>\n\n\n\n If you want to apply for a firearms license, your application got denied or your license revoked, contact attorney Smirnova\u2019s office to schedule a consultation.<\/p>\n\n\n\n Margarita Smirnova Disclaimer: This post is for informational and educational use only and does not create attorney-client relationship.<\/p>\n","protected":false},"excerpt":{"rendered":" Have your firearm license been denied or revoked because you were in possession of a \u201clegal\u201d medical marijuana card in Massachusetts? Read on. In 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosive (BATFE), posted an open letter stating that federal law \u201cprohibits any person who is an \u2018unlawful user of or addicted to any …<\/p>\n
See, https:\/\/www.atf.gov\/firearms\/docs\/open-letter\/all-ffls-sept2011-open-letter-marijuana-medicinal-purposes\/download<\/a><\/p>\n\n\n\n
\n\u201cWarning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.\u201d<\/p>\n\n\n\n
\nCall: (617)398-7482
\nE-mail: margarita.smirnova@gmail.com<\/p>\n\n\n\n