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Discussion Starter · #1 ·
My friend just came across a question on the application (Do you now or have you ever tried, used, possessed or sold marijuana or its derivatives, narcotics, controlled substances, tranquilizers, anti-anxiety, anti-depression, or anti-psychotic medications?) and had a few questions. My friend has never had any issues with drugs and the law however he does use marijuana recreationally and there are medical documents stating this. Additionally, my friend has previously been prescribed Zoloft and Adderall (which he stopped taking around 2006) and more recently has been prescribed pain medication for medical conditions which is a 1 and done thing not a recurring prescription. Do they have access to private medical records of applicants? Should my friend just put no to that question and call it a day?

Lastly, if my friend puts no to that question, he obviously has to make sure that the references he gives don't know (or won't say) that he uses marijuana recreationally right? When they call the references, they just ask all the same questions on the reference sheet?
 

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Any marijuana use is a disqualifier. You'll sign a medical release along with your permit papers giving them permission to obtain medical records. References will be asked about your character, drug & alcohol use and if they would trust you with a handgun. Your friend should probably save his money. :lurk:
 

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Discussion Starter · #3 ·
What if marijuana use was in the past and not currently? What if the use was in a state where it was legal? Has anyone ever answered yes to that, said the usage wasn't current, and had a permit approved?
 

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What if marijuana use was in the past and not currently? What if the use was in a state where it was legal? Has anyone ever answered yes to that, said the usage wasn't current, and had a permit approved?
It's illegal on the federal level, when you buy a gun you fill out federal papers. If he doesn't partake now it's not an issue.
 

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Discussion Starter · #5 ·
It's illegal on the federal level, when you buy a gun you fill out federal papers. If he doesn't partake now it's not an issue.
Thanks for your response. Does Nassau County have access to medical and prescription records? If not, is it just better to put "no" to all that garbage considering Zoloft and Adderall were legally taken 10 years ago, and pain pills and cough syrup legally taken recently due to medical issues but are 1 time usage for issues not an recurring thing. No one who will be a reference knows or will say anything about any drug usage or problem (as there is none). It just seems like it is more a pain in the ass than not to list it, have to get shit from doctors, etc... if there is no way they will really know about it anyway.
 

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Thanks for your response. Does Nassau County have access to medical and prescription records? If not, is it just better to put "no" to all that garbage considering Zoloft and Adderall were legally taken 10 years ago, and pain pills and cough syrup legally taken recently due to medical issues but are 1 time usage for issues not an recurring thing. No one who will be a reference knows or will say anything about any drug usage or problem (as there is none). It just seems like it is more a pain in the ass than not to list it, have to get shit from doctors, etc... if there is no way they will really know about it anyway.
They do have access to medical records the pain pills and cough syrup won't be an issue, but the others could be depending on why he was prescribed them. If the records are digital they will most likely know. Tough call.
 

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So your first post said he uses marijuana recreationally. If he goes to buy a gun (presumably after he gets his license) he'll be committing a felony if he lies on the FFL 4473 form. If he answers truthfully he'll be denied the gun and his license will be yanked. So why bother? Marijuana and guns aren't allowed together on the federal or state/county level. If he's trying to get around it, he shouldn't have a handgun license.
 

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Discussion Starter · #8 ·
They do have access to medical records the pain pills and cough syrup won't be an issue, but the others could be depending on why he was prescribed them. If the records are digital they will most likely know. Tough call.
Will they require doctor's notes for the pain medication? It was all legit, just sounds annoying as hell. The Zoloft and Adderall were from 10+ years ago when he was a kid overwhelmed with family stuff and going away to school etc... He hasn't been on medication or to any type of psychologist / psychiatrist since.
So your first post said he uses marijuana recreationally. If he goes to buy a gun (presumably after he gets his license) he'll be committing a felony if he lies on the FFL 4473 form. If he answers truthfully he'll be denied the gun and his license will be yanked. So why bother? Marijuana and guns aren't allowed together on the federal or state/county level. If he's trying to get around it, he shouldn't have a handgun license.
I guess he has to make a decision then.... keep using recreationally, or apply for the permit.
 

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however he does use marijuana recreationally and there are medical documents stating this.
Does he have a medical marijuana card from New York or some other state? The courts have already said that people can be denied a gun license even just having that card because they're on record as a user of federally illegal drugs. Wouldn't matter if he stops tomorrow.
 

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Discussion Starter · #10 ·
Does he have a medical marijuana card from New York or some other state? The courts have already said that people can be denied a gun license even just having that card because they're on record as a user of federally illegal drugs. Wouldn't matter if he stops tomorrow.
No, no card. Recreational usage was purely off the books. Also, I find it kind of crazy that even having the card in and of itself could be grounds to deny without any proof of actual usage.
 

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Discussion Starter · #13 ·
Any cop who's reading your post is probably laughing really hard right now.
Why is that?

if he likes to smoke pot, he really shouldnt be a cop...you want a cop showing up to your emergency stoned?
What does being a cop have to do with anything? I'm confused. In any event, no, a cop should absolutely NOT show up on duty stoned just as he shouldn't show up to the job drunk. However, I have no issue with a cop (or anyone else) doing what they want on their off time.
 

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Why is that?
It's like getting angry when someone assumes that you have a pistol when you mention that you have a pistol license. A marijuana card is voluntary. Why on earth would someone go through the trouble of getting one if you don't intend to use marijuana?
 

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Discussion Starter · #15 ·
It's like getting angry when someone assumes that you have a pistol when you mention that you have a pistol license. A marijuana card is voluntary. Why on earth would someone go through the trouble of getting one if you don't intend to use marijuana?
It isn't a matter of assuming. I don't care what someone assumes. I care about the legal weight of that assumption. I agree that someone most likely wouldn't get a card if they weren't using however considering having a gun is a constitutional right, I was surprised that having a card WITHOUT ANY OTHER EVIDENCE of usage was enough to deny according to some courts (as stated by the member above). I've gotten prescriptions from doctors that I never had filled. I've filled prescriptions I've never ended up using. Does everyone that owned a gun at one point in their life still own a gun? Also, couldn't someone have received a marijuana card at one point in their life and then decided to no longer use it? In NY it is a little bit different as the requirements to get the card are so strict, however the discussion wasn't limited to NY (as far as I thought). In some states it is as easy as saying I have back pain. I have anxiety. Boom card given. Not everyone smokes pot their entire lives. I know many people that used to smoke but stopped for one reason or another. The fact that someone at one point in time had a card for marijuana should not be grounds to deny a license if said individual states they are not a drug user. Having the ability to do something should not automatically be deemed as doing it. I don't know why that is such a crazy thought.
 

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It isn't a matter of assuming. I don't care what someone assumes. I care about the legal weight of that assumption. I agree that someone most likely wouldn't get a card if they weren't using however considering having a gun is a constitutional right, I was surprised that having a card WITHOUT ANY OTHER EVIDENCE of usage was enough to deny according to some courts (as stated by the member above). I've gotten prescriptions from doctors that I never had filled. I've filled prescriptions I've never ended up using. Does everyone that owned a gun at one point in their life still own a gun? Also, couldn't someone have received a marijuana card at one point in their life and then decided to no longer use it? In NY it is a little bit different as the requirements to get the card are so strict, however the discussion wasn't limited to NY (as far as I thought). In some states it is as easy as saying I have back pain. I have anxiety. Boom card given. Not everyone smokes pot their entire lives. I know many people that used to smoke but stopped for one reason or another. The fact that someone at one point in time had a card for marijuana should not be grounds to deny a license if said individual states they are not a drug user. Having the ability to do something should not automatically be deemed as doing it. I don't know why that is such a crazy thought.
The issue is it's not approved for medical or recreational use on the federal level so even if the NYS ppo office awarded a pistol permit any gun purchase would be denied. The issue is using marijuana for any reason is illegal federally. So being high and guns don't mix.
 

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Discussion Starter · #17 ·
The issue is it's not approved for medical or recreational use on the federal level so even if the NYS ppo office awarded a pistol permit any gun purchase would be denied. The issue is using marijuana for any reason is illegal federally. So being high and guns don't mix.
Yes, I understand that, but that isn't what we are (currently) discussing. The point was made that if someone even has a medical marijuana card, that alone can be used to deny a permit (or perhaps the sale of a firearm) without usage being established. My issue was that is kind of fucked up if that, and that alone, is used to restrict your constitutional right.

FFL 4473 says "
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: 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."

Notice how it says "are you" not "were you." So back to my point, just because you HAVE a card, doesn't automatically make you a current user and doesn't mean you have to say yes on that form but you would have to say yes on the permit form which is where this all started. None of it was applicable to my friend's situation anyway as he never had a card, I was just responding to someone else who mentioned it.
 

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For once the law doing something correctly. I don't know if I'd be comfortable with your friend having a concealed handgun. I have had many friends who currently use and/or have used marijuana, and I wouldn't trust them either - nothing personal. Delayed reactions, no sense of how fast time is passing... doesn't mix well with guns. If you really want to get down to the letter of the law, consult an attorney because you're only gonna get opinions here. The previous Zoloft and Adderall prescriptions may work against him too. There was a post about someone denied in the far-easier-to-get-a-permit Orange County for similar.
 

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For once the law doing something correctly. I don't know if I'd be comfortable with your friend having a concealed handgun. I have had many friends who currently use and/or have used marijuana, and I wouldn't trust them either - nothing personal. Delayed reactions, no sense of how fast time is passing... doesn't mix well with guns. If you really want to get down to the letter of the law, consult an attorney because you're only gonna get opinions here. The previous Zoloft and Adderall prescriptions may work against him too. There was a post about someone denied in the far-easier-to-get-a-permit Orange County for similar.
Ridiculously flawed logic.

If you really think that, and you are capable of logical thought, you'd be able to recognize that the same should apply to anyone who has ever had a drink. But for some reason, I don't see you out there advocating for yanking the license of anyone who occasionally drinks or drank alcohol.

Don't drink the Kool-aid. Don't be a Fudd.
 

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Not to get into an entire alcoholics versus potheads debate but you're right.

Edit:

In my own experience, I'll say this much..... There's guys who go drinking and then there's alcoholics.. Some who handle their liquor and those who don't. I've met both types of drinkers.... but for the most bit, everyone I've met who smokes weed.... would be high 24/7 if they could be. No one cuts them off at the bar, no one calls them a cab, no one refuses to sell it before 12 on Sunday... and no one smells it on their breath at work.
 
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