State Question 788 | FFL transfer

Burk Cornelius · Jun 25, 2018

You can use this thread to argue for or against SQ788, but the real point of this thread is that I just heard from a friend at the Sheriff's office that it will be unlawful for an FFL to transfer a firearm to anyone who uses marijuana or holds a medical marijuana card? Can any of you FFLs confirm or deny?

btaylor1505 · Jun 25, 2018

Not an FFL so I cannot answer that. Had a conference with two attorneys and 788 was discussed. I was told that one cannot be prevented from obtaining a state license, specifically a SDA/CCW license if they have a card. So that would be an interesting situation. You can have a SDA license but cannot buy a gun. This will be an interesting week to say the least.

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Wall · Jun 25, 2018

4473 already asks if you are a marijuana user

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Burk Cornelius · Jun 25, 2018

Wall said:
4473 already asks if you are a marijuana user

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That's kind of funny.

I assume having a pot card is not the same thing as using pot.

I also assume the FFL form isn't going to be revised

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Wall · Jun 25, 2018

Burk Cornelius said:
That's kind of funny.

I assume having a pot card is not the same thing as using pot.

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Lying on the form is a felony

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Burk Cornelius · Jun 25, 2018

Wall said:
Lying on the form is a felony

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"But Mr Federal agent, I don't use pot, I only grow it"

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Wall · Jun 25, 2018

Burk Cornelius said:
"But Mr Federal agent, I don't use pot, I only grow it"

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Semantics

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btaylor1505 · Jun 25, 2018

In your best whinny hipster voice....

"I don't use marijuana, I use medical marijuana. There is a difference. Medical marijuana is non-intoxicating and was prescribed by my doctor. I bet you use some pill your doctor gave you and it's ok for you."

I have personally heard the "non-intoxicating medical marijuana" argument. I just laughed out loud.

Wall said:
4473 already asks if you are a marijuana user

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Matt1911 · Jun 25, 2018

Although I can't partake due to my job, weed should be 100% legal.

wav3rhythm · Jun 25, 2018

In fairness, itâ€™s the most Oklahoma thing ever to legalize pot and still have 3.2 beer.

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KellyB · Jun 25, 2018

Not that Iâ€™m for or against, but with legal advice this is what has been explained to me:

It would be a criminal act to have a pot permit, smoke pot, carry (not on my own private property), an imminent danger event occur & I draw to protect myself. The criminal act comes in with using a firearm under the influence. Under the influence can be determined as long as the drug remains in the system, which is 22-26 days. Kind of along the same lines as being drunk with a firearm. It wouldnâ€™t take much for someone to accuse & cause suspicion that someone was pro-pot to have them tested if an event occurred.

I was also told if I were to have a pot permit, & smoke pot, that I could not do ANY of my firearms instruction work while it is in my system (22-26 days) or criminal liability would apply if an accident occurred.

Iâ€™m going to stick to beverages.

Burk Cornelius · Jun 25, 2018

Josh Cobb said:
In fairness, itâ€™s the most Oklahoma thing ever to legalize pot and still have 3.2 beer.

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3.2 is going away in November

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Wall · Jun 25, 2018

Burk Cornelius said:
3.2 is going away in November

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Doesn't mean he's wrong though

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dennishoddy · Jun 25, 2018

btaylor1505 said:
In your best whinny hipster voice....

"I don't use marijuana, I use medical marijuana. There is a difference. Medical marijuana is non-intoxicating and was prescribed by my doctor. I bet you use some pill your doctor gave you and it's ok for you."

I have personally heard the "non-intoxicating medical marijuana" argument. I just laughed out loud.
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Under Federal law, weed is a class 1 drug and illegal to possess, use or grow. The 4473 is a federal requirement that includes a no-go if you tell the truth and admit to use, and penalties if you lie about it and get caught.
Medical or SQ 788 in Oklahoma is actually a thinly veiled recreational bill. States laws cannot usurp Federal law.
So, use it with that in mind if you want, but understand the penalty's.

btaylor1505 · Jun 25, 2018

dennishoddy said:
Under Federal law, weed is a class 1 drug and illegal to possess, use or grow. The 4473 is a federal requirement that includes a no-go if you tell the truth and admit to use, and penalties if you lie about it and get caught.
Medical or SQ 788 in Oklahoma is actually a thinly veiled recreational bill. States laws cannot usurp Federal law.
So, use it with that in mind if you want, but understand the penalty's.

I was trying to be funny Dennis. My sarcasm does not come through well in type form. My job prohibits me from using it anyways.

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Wall · Jun 25, 2018

btaylor1505 said:
I was trying to be funny Dennis. My sarcasm does not come through well in type form. My job prohibits me from using it anyways.

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Most jobs do

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Jackary · Jun 26, 2018

I work in safety and have a friend in Colorado that said nothing changed as far as her company's drug testing policy. You still get canned if you fail a drug test. I think a lot of people don't realize that if they work for a company that drug tests they wont have a job if their name gets pulled for a random, or if their company conducts a reasonable suspicion test.

dennishoddy · Jun 26, 2018

btaylor1505 said:
I was trying to be funny Dennis. My sarcasm does not come through well in type form. My job prohibits me from using it anyways.

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I knew you were joking around. My comments were not directed at you. Just general comments.