Hawaiian Citizens That Use Medical Marijuana Are Losing Gun Rights.
Hawaiian Authorities are ordering Medical Marijuana users to voluntarily surrender their Guns due to a Pot dispensary that opened up in the state. So non-criminals that are within their rights to carry and have legally obtained medical marijuana to treat whatever ails them are now losing their right to bear arms.
The order came from Police Chief Susan Ballard in Honolulu Hawaii. A letter was sent out to locals who are Medical Marijuana patients that own firearms. The letters from Ballard states they must surrender their weapons, ammo, and permits within thirty days. The Letter claims that it is against state law to be in the possession of a firearm and marijuana.
The Federal law still bans the use of marijuana. The 9th U.S. Circuit Court of Appeals even addressed the case of marijuana and gun ownership claiming that the drug use may cause a person to act irrationally or unpredictably which a gun “should not be associated with.”
If it were people illegally obtaining a drug it would be understandable but these are lawful citizen with medical issues. They should not be penalized for following the state laws and treating their conditions as prescribed by doctors.
As Reported By Bruce Barcott, Leafly.com
The Honolulu Police Department cites state law, not federal law, as the basis for the order. “Under the provisions of the Hawaii Revised Statutes, Section 134-7(a), you are disqualified from firearms ownership,” says the letter.
Curiously, HRS 134-7(a) makes no specific mention of a person’s medical marijuana status. It’s a blanket statement about the federal law:
134-7(a) 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.
Until now, the clash between firearm ownership and patient status has been largely avoided through a de facto “don’t ask, don’t tell” policy. Firearms purchasers are forced to either lie on the ATF form (a federal offense), or tell themselves they’re technically honest—the ATF form asks, “Are you an unlawful user of, or addicted to, marijuana,” and those who quit cannabis yesterday technically were but no longer are unlawful users of marijuana.
A number of states issue medical cannabis patient cards or authorizations but do not keep a searchable database of patient names. In some medical cannabis states, like Arizona, firearm purchasers are not required to register with the state.
Hawaii, though, maintains an electronic database of both firearm purchasers, who must complete both the federal ATF and a state permit application, and medical marijuana patients. That allowed the Honolulu police to cross-check and compile a list of MMJ patients in the state’s firearms registry.