Honolulu Police Order Medical Marijuana Cardholders to Surrender Their Firearms

[Grand Torino]

http://www.breitbart.com/big-government/2017/11/29/honolulu-police-order-medical-marijuana-cardholders-surrender-firearms/

The Honolulu Police Department is ordering medical marijuana cardholders to surrender their firearms within a 30-day window of time.

KITV reports that Honolulu police are doing this via letters to cardholders demanding they “surrender weapons, permits, and ammunition to HPD or to transfer ownership.”

On November 28 The Honolulu Star reported that police have been sending letters throughout the year and the one dated November 13 was signed by HPD chief Susan Ballard. It says, “Your medical marijuana use disqualifies you from ownership of firearms and ammunition.”

Ballard points to Hawaii Revised Statutes, Section 134-7 (a), which says, “No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.”

 

On August 31, 2016, Breitbart News reported that the U.S. Court of Appeals for the Ninth Circuit ruled that a ban on gun ownership for medical marijuana users is constitutional. The decision was based on the fact that marijuana use remains illegal on the federal level, whether state-sanctioned or not. This means medical marijuana cardholders cannot pass background check form 4473 and, therefore, cannot legally purchase a firearm.

Form 4473 asks if the would-be firearm purchaser is “an unlawful user of…marijuana.” No one who answers “yes” to that question can purchase a gun.

Read more.

[Ugly]

Of course. Luckily for them they have a registration database. 

http://hawaiirifleassociation.org/hawaii-gun-laws/

I dont know if "medical marijuana" is just legalized use of weed or if it is a derivative of marajuana. Such as an oil or some other form of non smoking product. 

Seems to me like it's just a gun grab. 

[Someotherguy]

The Hypocrisy is strong with this one...It's ok to go against federal law by allowing "medical marijuana" use, but lets use federal law to grab guns if you use marijuana, that we the state have allowed you use, contrary to federal law..

[Omega]

I see more lawsuits coming out of this, there is no way you can tell me marijuana use isn't comparable to alcohol use, or even prescribed opiate use.  Next you'll be required to turn in all your weapons before getting an operation due to the morphine.

[RED333]

35 minutes ago, Omega said:

Next you'll be required to turn in all your weapons before getting an operation due to the morphine.

Do not be giving them ideas!!!

[tnhawk]

I expected this would happen eventually.

How long before vehicle registrations and driver licenses follow?

Edited December 1, 2017 by tnhawk

[battleop]

So there is this on Form 4473...

"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."

If you have a medical marijuana it's pretty much a given you use that card to buy and use marijuana.  Therefore you would have been disqualified form buying that firearm if you answered the question truthfully.   If you lied and said no on that question you broke the law because you lied on form 4473.    All that being said this is something that the BATF would enforce and prosecute and not the Honolulu PD.

 

 

[nightrunner]

56 minutes ago, battleop said:

So there is this on Form 4473...

"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."

If you have a medical marijuana it's pretty much a given you use that card to buy and use marijuana.  Therefore you would have been disqualified form buying that firearm if you answered the question truthfully.   If you lied and said no on that question you broke the law because you lied on form 4473.    All that being said this is something that the BATF would enforce and prosecute and not the Honolulu PD.

 

 

This is the key. If you buy medical marijuana and you have a firearm purchased or transferred from a dealer, you lied on a federal form.

[Omega]

Yea, if they lied then they would be in violation of federal law, but what of those that made a purchase before they got their card? Do you think that they will make a distinction  between the two?  No, it's a gun grab, plain and simple.

[bersaguy]

I think gun grabbers lay awake at night trying to think of more ways to get around the Constition than they do trying to sleep. Thing is people want something legalized so bad that they don't think about what might be the down side once they get what they want..............JMHO

[Will]

Having dealings with HI I know they have tough laws for US Gun Owners and all guns have to be registered and unregistered when sold so no saying,sold the at a gun show

or gave them to a relative. Gun Grab Yes. Also heard talk of DOJ getting sales records of Western States Pot Shops -  Credit Card ,DL ID and such and going after them nationwide. 

 

[m16ty]

Just don't use pot, even if your state allows it. As has already been stated, if you use pot you lie on your 4473. Now you may get away with occasional pot use if you buy it off the street, but if you have some sort of card giving you permission to use, that would be a paper trail I wouldn't want to deal with. 

Another thing you have to think about is if you are involved in a self defense shooting. They have you pee in a cup, you come up positive for pot, and you have legal troubles. Even though pot use is "legal" in certain places by local or state law, it can still cause you legal problems as mentioned above, get you in trouble in a vehicle accident, and get you in trouble with your employer. Did you know, in most places, if you get hurt at work, the first thing they will do is have you pee in a cup. The main reason they do this is not in the name of "safety", it to protect their liability and to let them out of paying workman's comp. If you have a serious accident at work, most places are hoping you fail the drug test, that way they can claim your drug use caused the accident and not a unsafe workplace.