The Honolulu Police Department is demanding that medical marijuana users turn over their firearms.
In a letter dated Nov. 13, Police Chief Susan Ballard drew a line in the sand. It’s either your weed or your guns.
“Your medical marijuana use disqualifies you from ownership of firearms and ammunition,” the letter reads.
“If you currently own or have any firearms,” it continues, “you have 30 days upon receipt of this letter to voluntary surrender your firearms, permit, and ammunition to the Honolulu Police Department (HPD) or otherwise transfer ownership.”
SEE ALSO: Ninth Circuit Appeals Court Says No to Guns for Medical Marijuana Users
The infamous letter. (Photo: Leafly)
This confiscation order was the direct result of Hawaii’s registration mandate. All Hawaiians must register all their firearms. There are only two exceptions the law. Black powder firearms and guns made before 1899.
To prepare the no-guns-for-you list, Cheif Ballard simply had to cross reference the gun registry with those who have valid medical marijuana cards. According to the Honolulu Star-Advertiser, as many as 30 people on Oahu will be affected by the seizure.
There is good news. If you want to call it that. Hawaiians can get their guns back from the state. They just need a doctor to sign off.
“A medical doctor’s clearance is required for any future firearms applications or return of firearms from HPD evidence,” states the letter.
Now for more bad news. The Ninth Circut Court of Appeals has ruled on the issue of guns for stoners. The court, in essence, said that federal law trumps state law. It doesn’t matter if a state decriminalizes or legalizes marijuana. Federal law banning guns for dopers, even those with medical cards, carries the day.
SEE ALSO: New FFL Form 4473 for Background Checks Incoming
Because Hawaii falls under the jurisdiction of the Ninth Circuit, there is little hope for the victims of this overreach. At least for the foreseeable future.
Plus, you’ll recall, that the federal government put its foot down on this issue last year. ATF changed Question 11.e on the Firearms Transaction Record aka Form 4473.
It now reads, “Are you an unlawful user of, or addicted to, marijuana” among other controlled substances. Followed by that is a Warning that points out that marijuana use remains “Unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes” under state law.
While that sucks for stoners, many accepted it. Because they could still keep the guns and ammo they already possessed. They just couldn’t buy new ones.
But that’s no longer the case for some Hawaiians. Thanks to gun registration, the state knows exactly who has what and where they live. For the unlucky few, resistance is futile.
Maybe this is somewhat funny because it involves dopers. Yet, I can’t help but to think of Martin Niemöller. You remember his famous quote about the Nazis?
It could easily be rewritten. First they confiscated guns from the potheads, and I did not speak out. Because I was not a pothead. Then they confiscated guns from hurricane victims, and I did not speak out. Because I was not a hurricane victim… etc., etc. Then they confiscated guns from me. And there was no one left to speak for me.
Just wait till California gets a whiff of what Hawaii’s doing. The Golden State already has government-funded confiscation squads ready to pounce. It’s just a matter of time before these jackboots get the green light. Lookout, Bill Maher!
Honolulu Police Dept. to Gun Owners: ‘You Have 30 Days to Turn over Ganja’
I once had an ATF agent tell me that they are getting more prison time out of the gun possession charges than the MJ violation on drug busts. All they had to do was prove that the gun was a functioning firearm by test-firing it.
Not only is it a violation of federal law to BUY a gun if using MJ, but also illegal to OWN them as well under the Gun Control Act of 1968. MJ is a schedule 1 drug under the Controlled Substances Act of 1970 and owning firearms if using is a federal felony. The ’68 GCA specifically mentions schedule 1 drug use. Meth, while also a felony, is a Schedule 2 drug. The law makes no exception for medical use of MJ. The swamp could change this tomorrow if they chose to by de-listing MJ from the ’70 CSA, but obviously it is a great GOTCHYA! They don’t want to put you in prison, just fine the hell out of you, cost you a small fortune in useless attorney fees, seize your guns and take away your voting rights forever. If you are in constructive possession of a firearm while using ANY quantity of MJ, you are defacto guilty of a federal felony. Being legally drunk, on the other hand, is a misdemeanor. Go figure…..
Hickok45 smokes pot all day.
I am 77 years of age owning many long guns and hand guns. I would like to live a few more years. If 35 uniforms show up at my front door to shoot me if I don’t hand over the guns I am going to let them have the guns. I am to old to fight and I never thought I would ever say this but I enjoy my grand kids more than the guns. At one time I thought clearly about ” prying my dead hands off the guns ” Sorry fellas I can’t do it ………………..
F/’ U Chief !
HAHAHAHA TELL THEM IDIOTS TO GO TO HELL.
Beware of those who try to tamper with gun rights!
Every person is endowed by nature or God with fundamental rights. These include life , liberty and the pursuit of happiness.The Second amendment doesn’t give any rights. Instead, it prohibits the federal government from infringing on rights that are natural and God – given and that pre- exist government . The rights come first and the government comes second. The U.S. Constitution , which called the federal government into existence , strictly limits the powers of the federal government to those few powers that were enumerated in the document . Even without the Bill of rights , the federal government has no authority to control what people read or what people own, Including Books and GUNS. If the government did infringe on people’s natural, God – given rights, it would be violating the very reason that people call governments into existence – to protect the exsistance of their rights.
Our founders enacted the Bill of Rights to hammer the message home that the American people were expressly prohibiting the federal government from traveling the road to TYRANNY . The Bill of Rights prohibits the Federal government from infringing or destroying rights that already exist . What happens when when a government infringes or destroys the rights of the people? It is the right of the people to Alter or even Abolish the government and institute a new government whose is limited to it’s ligitimate function. NO political party , President or court justice has the right to remove any fundamental right .If we travel this road,we could lose the fundamental core of what it is to be an AMERICAN .I’d hate to call my neighbor an enemy.
U.S. ARMY veteran VIETNAM WAR .1970-1973.You will get my weapon over my cold dead body, I could carry an M- 16 when I was 17yrs old ! I’m 65 yrs now.
Well said sir! And thank you for your service.
Beware of those who try to tamper with gun rights!
Every person is endowed by nature or God with fundamental rights. These include life , liberty and the pursuit of happiness.
The Second amendment doesn’t give any rights. Instead, it prohibits the federal government from infringing on rights that are natural and God – given and that pre- exist government . The rights come first and the government comes second. The U.S. Constitution , which called the federal government into existence , strictly limits the powers of the federal government to those few powers that were enumerated in the document . Even without the Bill of rights , the federal government has no authority to control what people read or what people own, Including Books and GUNS. If the government did infringe on people’s natural, God – given rights, it would be violating the very reason that people call governments into existence – to protect the exsistance of their rights.
Our founders enacted the Bill of Rights to hammer the message home that the American people were expressly prohibiting the federal government from traveling the road to TYRANNY . The Bill of Rights prohibits the Federal government from infringing or destroying rights that already exist . What happens when when a government infringes or destroys the rights of the people? It is the right of the people to Alter or even Abolish the government and institute a new government whose is limited to it’s ligitimate function. NO political party , President or court justice has the right to remove any fundamental right .If we travel this road,we could lose the fundamental core of what it is to be an AMERICAN .I’d hate to call my neighbor an enemy.
U.S. ARMY veteran VIETNAM WAR .1970-1973.You will get my weapon over my cold dead body, I could carry an M- 16 when I was 17yrs old ! I’m 65 yrs now.
Whoa, potheads are “dangerous”, who knew? I better hide my Doritos and Oreos lest a stoner tries to rob me and turns violent…yeah, right.
This is all kinds of WRONG!
En Garde people, they are coming for our firearms and will use ANY excuse to take them.
Wow, I feel like I just dodged a bullet!
I don’t smoke pot although I have nothing against it but I do drink a lot.
So much that if someone gives me a hard time when I drink who knows what I may do?
I commend Chief Ballarn and her Dept. for without her what would we do!
Hawaiian Law enforcers commented that Federal Law trumps local law. Funny thing is that pot is legal in Washington DC and they even serve it in the bars.
When you get stoned no one wants to shoot anyone. We should take guns away from radical depressed people. If they smoked a joint maybe they would not be so radical.
Pot is classified as a hypnotic drug. So hey, wtf, lets roll up a fat boy, smoke it and operate heavy equipment, power tools, firearms, what could go wrong? are you paranoid?
it’s a drug and so as set forth by law is a crime, And as a criminal ,you lose your right to own a firearm………..
This is one of the most Idiotic things I have ever heard of! People who smoke weed are too dangerous to possess a gun,but chronic pain victims can eat all of the synthetic opiates that their doctors give them! When I was a might younger I would burn a big joint when I went dove hunting and kill more birds than most. A few years ago,I got hurt at work,and the doctor gave me a script. of hydrocodone. They would mess me up so bad that I could barely function. And why does the D.E.A. still classify pot as a narcotic? I can burn a joint and shoot as well,or better,than most of my friends. This is the Biggest pile of Bullshit that I have ever read!
“A ‘Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),
A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law,
A concurrent or ‘joint resolution’of legislature is not “Law,” (Koenig v. Flynn, 258
N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165).
All codes, rules, and regulations are for government authorities only, not human/Creators in accord with God’s Laws.
“All codes, rules, and regulations are unconstitutional and lacking due process of Law..”(Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985))
the government has no right to take away your guns, people that use marijuana for health reasons or any other reasons pose no threat to anybody!!
this crap about having to give up your guns if you smoke medical pot……what about the millions of people that are drunkards and they still have their guns….that’s crazy…drunks are more apt to kill some than pot smokers…that’s how the government
gets around the pot issue…they don’t want us to smoke pot, so they say smoke it, but you have to give your guns up if you do so…
government has you one way or another….
Wow, all crimes are now a thing of the past in Hawaii, wait a minute, I think I know who’s smokin the weed. First lets legalize it, now lets criminalize it.
Shall Not Be Infringed. Violate this at your peril. That’s how it is.
What does medical marijuana have to do with gun ownership? Is there research that shows people are more dangerous when they are at home using marijuana for relief of pain? People using medical marijuana are not all stoners, people need to think before you speak.
I agree. They are not potheads. Most use stuff with very little THC, the chemical that gets you high. This is not right. What’s next? In my experience it’s even more ridiculous since “potheads” are rarely violent. The biggest contributor to violence is alcohol. Meth after that but at least half the violence, maybe more, was because people were drunk. I’m in NV under the 9th circuit and we often scratched our heads at their decisions. I’m not a medical marijuana user but know one. He uses it for pain his stuff is so low in THC he is never stoned. It allowed him to give up opioid pain meds completely. Another area of Crack down. Soon chronic pain suffers with permanent injuries will be told to turn in their guns. Try and find a doctor willing to take on the civil liability if signing off on marijuana user to retain their firearms.. Maybe those on antidepressants who number in the millions will be next. I bet everyone of you knows someone using those. Did you know a pending DUI case, waiting for court..no conviction..prohibits a gun purchase. A pending misdemeanor no injuries no deaths no accident just in parked car engine on. That’s enough to have 2nd amendment rights suspended. So don’t laugh about the “potheads” guaranteed anti gun crowd noticed what Hawaii did. They will demand it’s done in every state and then expand it to other things in order to get our guns. Mean time the dangerous people, criminals keep smiling.
Problem;
A. registration will lead to all gun being confiscated, they will find an excuse.
B. there is no law that says it is illegal to have a gun if you are in possession of a medical marijuana card.
Prove first that a person actually uses or posses marijuana.
C Hippa, What is the local sheriff doing with access to people medical records?
Horribly written article to scare people. Calling anyone and everyone who uses marijuana a doper or pothead is the same as the left calling all gun owners Nazis. Don’t alienate people that have the same goals as us because of a plant. Alcohol and opiods are far worse to society than weed. For the record, I don’t use marijuana, but I won’t listen to a bunch of crybabies telling me the government knows what’s best for us. Maybe consider some journalism classes…not everyone with a laptop needs to fill my email with their garbage
WOW!! Where to begin???? First, the letter is NOT from the State of Hawaii nor the Hawaii State Police. It is from the Chief of Police of a Municipality/County so I am not sure that this applies to anyone living outside the boundaries of said Municipality/County. This is similar to my local Communist Dominion, Chicago and Cook County forbidding the ownership of handguns and limiting capacity on magazines. Second, the “Medical Clearance” \of which is mentioned in the letter sounds to me not a letter which would permit a legal Cannabis User to actually own and transfer firearms, but a letter attesting that this person is no longer using. There are NO physicians I know of who would knowingly put their DEA license at risk by clearly circumventing Federal laws. For the record, the way it is set up in many states, physicians file an attestation with the state that the individual indeed suffers from one of the diseases deemed appropriate for cannabis use. There is NEVER a prescription written by the physician for cannabis therefore no Federal DEA laws are broken. Originally in Illinois, the “Compassionate Use of Medicinal Cannabis” laws specifically stated that this would not infringe on firearm owners rights. However shortly after the law was approved, the Illinois State Police started sending out letters to FOID/Cannabis card holders stating that they can own guns but would no longer be approved to transfer any firearms (ie. No new purchases). Why don’t the states sand up to the Feds regarding states sovereignty? It’s called Federal subsidies for many programs. Why doesn’t the Federal Government just make Cannabis legal? Too much lobbying dollars being spent bribing Federal Politicians by the Alcohol and Tobacco lobby who fear a loss in revenue if they have to now compete with legalized cannabis. We as a nation are doomed if we fail to get the money out of politics. This needs to start with term limits and campaign reforms. Unfortunately this requires the input and direction by the same corrupt individuals who would be affected by the change. Ever wonder why political outsiders (Reagan and Trump) have such a hard time in Washington, they threaten the status quo!!
You are correct, there is NEVER a prescription written because MD’s write Rx’s using a DEA# and there is never a prescription dispensed, because all scheduled drugs must be dispensed by pharmacists or given by MD’s. The recommendation from a physician is frequently confused with a written prescription, but they are two completely different things.
I actually have a friend who is a gun owner and NOT a marijuana user who got the medical marijuana card in Colorado just to see if they would attempt to take his guns. They have not tried yet, but if they try, he knows some really good lawyers who are ready to play ball!
It Hawaii wide. My friend has a medical user visiting for a week and I had to convince the cops to let me hold her .22 for the duration of the visit. The way things are done here is far too lax and not enough people to do anything about it
It’s ODD that Hawaii says FEDERAL LAW trumps STATE law when it comes to pot but it doesn’t when it comes to immigration and sanctuary states issues???? I guess they can PICK and CHOOSE what laws they want to enforce.
Rebellion?
Good point!!
It appears that as a nation, we are heading in the same direction preceding the Civil War. According to the Constitution, it is up to a well trained and well armed militia to defend the Constitution. That is the purpose of the 2nd Amendment. The liberals keep talking about hunting and what “we should be allowed to have for hunting”. Someone needs to inform them that the 2nd Amendment has nothing to do with hunting…..someone better get through to them about this…..maybe they will think more carefully before heading any further down this road to their destruction. Maybe not.
The right to keep and bear arms shall not be infringed. Unless prohibited by law…
Before I say a word let me be very clear about one thing. No matter how you take what I’m about to say, I am ABSOLUTELY NOT IN ANY WAY SAYING A PERSON SHOULD use, handle and or maybe even own a firearm if they are addicted to or abuse ANY MIND ALTERING SUBSTANCE! And that goes for alcohol too. The second thing I want to say before I get in to this, is how middle of the road I am on this. I’m someone who did get “sucked in” and now have over 11yrs of sobriety under my belt (13yrs if I didn’t have to have an emergency surgery where a week of opiates for pain was needed). I don’t have a dog in the race so it doesn’t matter what substances they say I can’t rake and own a firearm because I’ve already “banned myself” from any of them. The most of anything that’s been in my system in over a decade is the booze they use to make Tiramisu! I refuse to even use a night time cold medicine or stuff like NyQuil (has alcohol in it and alters the mind. I can’t). AND, in no way am I judging those who do drink, use, or anything else. This is just my 2¢, and that’s it.
This is one I’ve always had a hard time with. I do believe that cannabis does have medical qualities that are very helpful for some patients and they should not not be able to protect themselves because a plant that is considered illegal by man’s law helps their ailments better than, oh let’s say Oxycodone, Vicodin, and/or Morphine. But, if you “have a bad back (usually the go to excuse for addicts)” and pop those pills you got from the doc like Skittles…well that’s just fine. If you’re a raging alcholic, that’s fine too because apparently it doesn’t matter that you drink yourself stupid daily then beat your wife and dog. Just don’t get caught.
At the same time, rules are rules (or laws) and although I don’t like them, I do like my 2A freedom and until all the narrow-mindedness is thrown out, even is I was able to drink or use cannabis I do and will continue to abide by those (in my book) extremely hypocritical laws. And if you do some deep deep digging on why cannabis is illegal…it just makes things that more hypocritical.
I’ve asked LEO friends of mine who used to smoke marijuana daily (ALL
day!) how they are able to be officers if they can’t use cannabis anymore considering what a big part of their life it was to them before and the answers are all pretty much the same. “I just drink twice as much as I ever have before. No one cares about that and they can’t test for it unless I show up to work drunk of course.” or the one that really gets me, “If I actually wanna get high, I just go to our (LE Agency) doctor. I walk in and he just opens his prescription pad and asks what I want. Norco, Oxycodone, Valium…heck, last time I went in he gave me all that crap, then asked how my sex life was. I said ‘fine’ and he said, ‘Ok…I’m going to give you 30 Viagra pills anyways just so you have it.’” By the way…didn’t America jusy announce the fight against the Opiate crisis? No one told the Cop-Docs I guess. Hmmm???
So, it’s good news for any of you prescription pill addicts or alcoholics. You can drink yourself in to a stooper, just don’t drive (or get caught driving drunk) and you can continue seeing your white coat wearing drug dealer with MD at the end of his name and pop as many prescription pills as you want and still keep your guns (and stay on duty). It’s “totally different.” After all (you gotta love this comment), the highly addictive and deadly pills were prescribed by a doctor. BUT, don’t you dare smoke a plant that’s been used for 8000 years. As we all have seen in the very scientifically researched MOCKumentary “Refer Madness” just take one puff and you’ll instantly turn in to a crazed lunatic that wants to rape white women.
“It’s a gateway drug!” How many of us drank our first beer long before we even saw marijuana? Or my favorite “it will lead to other things.” Yes it will! It will most certainly lead to you craving Cheetos, Mt. Dew, and watching really stupid TV shows that you consider “deep man.” Lol
So, again, laws are laws and whether I like them or agree, they are what they are. Do I agree in anyway regarding this one? No, can’t say I do.
I know more than a few who have MJ cards, and my neighbor even grows it legally. As far as the folks with these cards, I know of none that have any illnesses, they just like to get stoned. And this new weed, it is 100 times more potent than the stuff that was around when I was a kid. I also drive for a living, and quite honestly, these folks drive too… I believe it needs to be sent back into the closet and made illegal in all of its forms. I have seen the destruction it has wrought over the years, many friends have passed on or committed suicide. All were heavy MJ users.
true
While I’m not a user, I still abhor the intrusion of the Federal Government into state affairs. If Hawaii wants to continue with its fascio-socialist domination of its citizens, I guess that until the voters there get sick of the tyranny, they’ll be left having re-evaluate the price of paradise.
On a more important note, lawmakers are STILL avoiding addressing the bigger issue; that is, why are so many people across the country needing to tune out instead of tuning in? Might it be earlier legislatures were too busy padding their nests of corruption instead of providing constructive ways to engage those people who were having trouble plugging in? What these legislatures have ultimately done is raising the bar for personal success, while penalizing those who can’t reach it. Ultimately, it ALWAYS falls back on the legislature ……. BECAUSE …….. they were the ones who sold themselves to their voters as possessing the professional acumen necessary to make this society work, ….. and when it DOESN’T work, they dodge the bullet and blame the very constituents they swore an oath to
(oops)
……. swore an oath to serve under the Constitution.
I do agree that the dope sold today is far stronger that decades ago, but so has the complexity of corruption in Congress. The biggest problem, as I see it, is the level of citizen disenfranchisement that the legislature has dumped onto a population that now STRUGGLES to still believe in the merits of its own founding documents.
Again, the legislative parasites swore an oath.
Michael, you need to educate yourself. Repeating old lies like a trained parrot only makes you look stupid to those of us with the ability to look beyond the BS rammed down our necks by government puppets with an agenda. If you are pro gun, you should take this to heart. The forces that want to take your guns use the same tactics you are spewing.
I’m sorry you lost friends. We all have. Pot did not kill your friends, and mental illness leads to suicide. If they self medicated with cannabis, well, so what? Maybe they would have been much better off on prescription psych meds, like virtually all of the mass shooters have taken? Hmm?
As for the only “fact” you stated, again, you are wrong. Potency has increased, yes, but not by 100 times, not even double. The ditch weed the ‘gubment tested in the 70’s to start Nixon’s “War on drugs” was absolute garbage. Those of us in the know, have always been able to get strong, well grown cannabis. The only agreed upon health risk is from smoking cannabis. Smoke is never good for the lungs. So the new cannabis is a little stronger? Good. We smoke less that way, for the same effect.
Still waiting for one overdose death. Just one. After 30 years of near daily use, I am still waiting to become a loser. Oh God, maybe today is the day, that one toke will push me over the line. I will lose my house, my 6-figure salary, my Wife and Kids will leave, I will be stripped of my Engineering degree, and I will have succumbed to “The Devil’s Harvest” Muhahahah!! (Rolls eyes)
Do some research, past the ‘gubments published garbage, and you will likely change your mind. Especially if you are a conservative, who supports actual freedom, and states rights.
If you are bored, look up patent# 6,630,507
The good old US ‘gubment owns the patent on medical cannabis. That’s an odd contradiction, wouldn’t you say?
Tiredofyourbs..
You could not say it better I never smoked weed until about a year ago and damn I’m glad I did I would rather smoke now instead of drink… and if them tree huggers think weed is bad they should look at all the side effects of my legal prescription b.s. drugs I’m on.
Well said!!
Michael, I hate to burst your bubble but they didn’t commit suicide because of their mj use, they probably done it because of their alcohol use or some mental issue. I am a cancer patient and I thank God that he created a plant that has so many medicinal values, besides the only reason it is illegal is because they didn’t know how to control every aspect of it, it’s a natural substance that shouldn’t be controlled or taxed, it’s illegal because of people like you. If I had an enemy that had a firearm, I would much rather them use MJ than alcohol. A person using marijuana won’t shoot you like a person using alcohol or a person with anger issues, give a person using alcohol some mj, and the wouldn’t shoot you because they’ll want to go eat, and give a person with anger issues and they won’t shoot you because they’ll get happy. So what I’m saying is there would be a lot less violence in the world if everyone would use some MJ. And just because someone has a MMJ card, they should still be able to protect their own life or belongings.I’m not trying to offend you or anything, you just need to quit thinking that a show like ” Reefer Madness” is anything like reality. The government needs to legalize marijuana and worry about all of the man made drugs like heroin, meth, alcohol, etc., that’s the drugs that would make someone with a firearm be unstable. Good luck to all of the MMJ gun owners in Hawaii and anywhere else that someone is trying to mess with their rights.
“The right to keep and bear arms shall not be infringed”
Except when you do something that somebody else doesn’t approve of…..then you lose your rights, for some reason.
Just a side note for everyone… Take in consideration that the marijuana that REAL patients, of all ages young and old, who truly benefit from the drug are compounds that have the THC, (the part that gets you high),removed. It\’s perfectly safe to use and drive a car for instance. So this move gets a little scarier. Most Card carriers, in my opinion, do not need the medicine. They just want easy access drugs.
Shawn your comment is a co.plete falsity and it’s obvious that you just wanted to see yourself type.
These are designer strains that do.indeed get you high and if these patients only wanted “easy access drugs” why would they reach for something that, as you say, does not get you high??? A complete contradiction sir.
“Forfeiture” This is the 800 lb gorilla in this discussion and the 1970/1978/1984 amended Crime Control Acts opened the door for law enforcement/political types to gain control over the easy targets, the money and properties deemed “illegal” by the ones who now will claim it for their own expanding purposes. This is why there will never be an end to the Drug War.
Bottom Line: What HPD did is entirely correct under current law.
I live in Florida and have s concealed carry permit. I also have a medical condition which qualifies me for medical MJ.
Same applies to me here. If I get the MJ card, I can no longer legally buy a gun AND the next time my permit needs renewal, I lose that as well because Florida uses the Federal database to background check permit holders.
Until the law changes, I will skip the MJ card.
Interestingly, legally prescribed Opiod use is OK???
Under current law? Sure.
Are those laws constitutional? Not even close.
Recorded Firearms Owners + Recorded Marijuana Users = That Thing We Warned You About, “But THAT Won’t Happen”
SURPRISE!!!
Golly!! What absolute MORON couldn’t see this one coming? And are they Registered Morons? It will certainly help with the containment/cleanup later.
I’m not advocated marijuana use in anyway. However, the only way a person can have their rights taken away from them is by being formally tried and convicted in a court. You cannot be otherwise “disqualified” from being able to practice any right under the constitution. As a person who took an oath to uphold the constitution, the Chief of Police should know better. She is a disgrace to law enforcement everywhere. Personally I believe someone with such low moral character should be required to step down from such a high position.
Great another way to keep guns from responsible people who go through the law to achieve what they NEED and Big Gov paves the way to keep firearms for the true criminals and thugs!
Medicinal marijuana isn’t just stoners. Think of a Mom or Dad with cancer that gets relief by using medicinal marijuana. Do they deserve to get their guns taken away? I say NO! A person that has a state issued medical marijuana card, but they might not ever buy or use marijuana. So it makes no sense to deny that person the right to own and pisses a firearm. This is another example of gun grabbing overreach by our own government.
Well let’s see what happens around the country after this BS. They say they won’t prosecute you if your a lawful user of MJ and a gun owner in New Mexico but that could all change. Funny how the US government has a patent on CBDs and now the pharmaceutical companies are developing more MJ based drugs. Hmmmm
FOLLOW THE MONEY – MARIJUANA ON 1 ACRE OF LAND PRODUCES 10 TIMES MORE PAPER THAN A 1 ACRE OF TREES THIS IS WHY IT WAS OUTLAWED IN THE 30’S. ELIMINATING THE COMPETITION. IT IS ALL ABOUT GREED. WAS GOING TO HAWAI NEXT YEAR, I HAVE CHOICES. NOT NOW. BY THE WAY, I DO NOT USE ILLEGAL DRUGS OR MARIJUANA. IF A PERSON DRIVES UNDER THE INFLUENCE THEY SHOULD LOSE THEIR CARRY PRIVILEGES AND DRIVERS LICENSE ON 1ST OFFENSE FOR 1 YEAR 2ND OFFENCE FOR 10 YEARS.
Like the bumper sticker says when they come for your guns give them the bullets first !!!!!!!!!!
Inch by inch day by day the progressive new world order communists are shredding OUR CONSTITUTION. I am too old to be affected by it but our children will see the day when America will be destroyed by the liberal enemy within our borders. The time to fight back and resist the confiscation of our guns is at hand. Get a hold of your representatives in State and Federal congresses and let them know how your vote will go in electing those who will fight for our rights as detailed in Our Bill of Rights.
Yeah, because those darned “progressives” are always trying to persecute medical marijuana cardholders……. right?
Like Jeff Sessions, and my state’s attorney general, Bill Shuette. Those darned progressives……
Actually it’s more like YOU GOD DAMMED PROGRESSIVES… If you smell what your congressman is jerking to get your guns.
well it is the progressives that make you register your guns and ban certain rifles or features or magazines ect.
this is just another avenue to take firearms
Let’s all step back and get a grip. First and foremost Federal Law is enforceable throughout the country whether the “states” created the Federal Government or not. Secondly under Federal Law it is illegal to possess, sell or use marijuana for any purpose. Consequently doing so makes you a criminal under Federal Law, whether you agree or not is immaterial. Don’t like it, petition the Congress to change the law. So under Federal Law if you are in violation you are not permitted to possess a firearm. Alcohol is a legal substance so there is no database for people who drink. There is one for people who use marijuana for medical purposes.
Now as to the registration of firearms in Hawaii it seems to me that is not constitutional so it should be challenged and adjudicated all the way to the Supreme Court since you will get no relief on that from the 9th Circuit. That is a separate issue from negating the possession of firearms due to violation of Federal Law.
I do agree that the states should not be able to pick and choose which Federal Laws there are going to enforce, but the citizens of those states have elected state representatives who have decided to do just that so it’s up to them to change that direction. All the outrage on this site isn’t going to matter or change any of this so unless they start confiscating your firearm just because they want to it’s time to move on.
Banning plants is not one of the enumerated powers. (google it)
If it’s not “enumerated” in the enumerated powers…..it’s left for the states to decide.
Now, then….delete your comment. Now that you know about the enumerated powers clause, your comment makes no sense.
It seems to me that the anti-gun politicians will eventually make criminals out of all gun owners to accomplish their end game. That way only the government will have guns. Game over.
Simple question…
how does this not violate HIPPA privacy standards and thereby the law?
Seems like it should apply. As I understand it, if the Feds were involved, they can bypass HIPPA, but a county wide dictate–Oahu–is not federal. The bigger question is the 2nd Amendment, but if this goes to District Federal court in Hawaii, it will be allowed–you can bet on that.
This is a very slippery slope.
Starting with a DEA Category I drug, they have ground and relatively few arguments from lawful gun owners.
.
Next, they’ll have an entire PDR to choose from to justify gun confiscation, I.e.:
– If you are (BTW, it’s “you’re”, not ever ” your” ) on high blood pressure medicine, antidepressants, anxiolytics, antipsychotics, psychotropics, etc.
– You’re under a pain management Physician’s care, or just had major surgery and was written a prescription for a DEA-controlled analgesic; they can justify safe-keeping your firearms.
– Trust me, there are endless pharmacological reasons the gun kleptocrats could use to disarm law abiding citizens. With pharmacy and electronic medical records they can easily discover what medications people are prescribed.
Be vigilant!
Molon labe!
MAGA!
Here’s the REAL problem – there is a gun registry!!! Did anybody catch that? That is also what is illegal according to federal laws. Stoners probably can’t or won’t know the difference anyways. All honest people should be afraid of that provision. A registry is the first step to all confiscation tactics. Wake up America!!!
Don’t assume that sweet cheeks. There are plenty of vets who use medicinally for PTSD treatment alternatives. They know the difference. I don’t know anyone effected in Hawaii, but I do know plenty of people who are certainly not stupid despite smoking pot.
*We agree on the Registration side. What should happen is simply this, All NEW Firearm Purchases or transfers should require a Mandatory Drug Testing, utilizing TSA Glove Swab technology or what the Brits call “The Roadside Kits” they use for drivers that are impaired or appear impaired. Folks that are impaired are dangerous and certainly not Law Abiding. If someone already has a firearm and they have done nothing wrong……there is no need to test them unless they want another firearm or want one transferred to them.
And the government agent administers and reads the test???? No room for abuse there……..
Hey Mike Ryan,
When your wife or child goes on chemo and NEEDS medical marijuana to take the edge off the pain we will all get together to call them stoners or maybe potheads.
This medical use is through necessity, not choice. So then the Constitution no longer applies to these cancer patients that have been so labeled.
this implys that the vast majority of marijuana users use it expressly for medical reasons and not just to get high. cut the bs
i don’t care if people want to get stoned on whatever they want but pretending that it’s merely medicine for everyone that uses it is crap.
Sell all you guns to your wife for $1…
Won’t work here in Washington state. ANY sale to ANYBODY has to have the federal paperwork completed by a FFL. Even gifting.
Why I no longer live in Blue states and under the jurisdiction of the 9th Circus.
After reading all the comments and banter about this issue I am disheartened at the whole situation. Regarding the point of view that “Federal law trumps State law” I have this to ask. Did the “Federal Government” form the ‘States’, or did the “States” form a ‘Federal Government’? If this question is too difficult for anyone here is a clue, the “colonies” (i.e. States) collectively formed a new “government” (we now call it the Federal Government). So, that being the case how can ANYONE say that Federal law TRUMPS State law! The CREATED can not RULE THE CREATOR. UNDERSTAND!!
While an interesting viewpoint, I would point out that the Constitution makes clear and the SCOTUS upheld that the 2nd is an individual right, and while States may make RESTRICTIONS, they may NOT violate that right.
It also makes clear these are NATURAL rights, and not subject to loss on ANY level for a citizen in good standing.
This is a State violation of that right WITHOUT due process, another violation of a Federally recognized right.
In short, you’re wrong.
I’m disheartened you missed that, because according to you, a State can just outlaw your right by superseding Constitutional rights and claiming States rights, And this is just what is happening here.
None of these people have been found guilty of a crime, and until they are adjudicated as criminals, their rights remain in force.
And that’s JUST what the Federal Govt. was formed for, a balance of power between State and Federal jurisdictions.
So yes, Federal law CAN INDEED trump State law, ESPECIALLY in a situation of Constitutional Law.
I was born and live in the Deep South, so don’t misundertand this. Federal law trumps state law. Was settled in 1865
Funny how the 9th circuit court will make a statement about federal law overriding state law when it comes to gun ownership and local law enforcement are only too happy to enforce it yet when it’s illegal immigrants the story turns and local law enforcement wants nothing to do with it.
How about EVERY law enforcement agency is 100% responsible for enforcing EVERY LAW, stop picking and choosing.
Jim you are right! But you are forgetting they only do what bennifits them today. When something changes to make them look bad they change or if it makes them look like they know what are smart then they change their minds.
The LAW IS THE LAW!! It is for ALL not just for the government benefit!! It is for ALL people of the US!!
🔫🇺🇸🤠🇨🇱
Tell that to Juanita Broderick. MAGA, OR ELSE!!!
Tell that to Kate Steinle, oh, that’s right, you can’t tell her anything, she’s dead, her folks are devastated, and the scum in Ca. let the murderer off. What’s that the law is for everybody crap??? MAGA, OR ELSE!!!
Next will be recreational drinkers, who are far more likely to shoot someone than a pot smoker. Etc. Etc. Give these monkey’s an inch and they will grab a mile. This is CLEARLY discrimination.
Good, you can’t be a dope head and own guns. If your are a dope head you committed perjury on the 4473. It’s your choice, dope or guns.
Yup, lets keep guns for opioid users and anti-depressants, and lets those mass killings roll on!
Rather be a dopehead than a dopey dumbass,like You!
Ever wonder how can weed be illegal and still be allowed in our nations capital?To be used by the very people restricting our rights,making our laws,with gun toting lifetime security personal at their beck and call,all on the peoples dollar?
Mr. Dingleberry,
I see you don’t care for the civil libertarian firearms community you hack. I will no longer donate to any guns America cause and will remove myself from your email list. I’ll also be letting my sizable network know you don’t actually care about individual freedoms.
Bye
Will the pot smokers also be required to hand over the keys to their cars?
This is no more than another liberal prick trying to grab guns. If you have a legal doctor’s prescription under federal law you are good to go. This power seeking cop must be fired.No longer can any police department keep the public safe.You have a right to protect yourself and family.
This kills me. Not a medical user
But u can be prescribed opioids or others like it and still have firearms, Id rather a stoner than a pillhead carrying/owing firearms
Just my .2 cents
I agree with You! 1000%!
Actually, I see nothing amiss here; the police chief what she is required by law to do: The use of a controlled substance is banned under federal law. That precludes buying and owning firearms. If we get to say (for example) that there cannot be sanctuary cities for illegal aliens then we must stand firm in reminding people that if you use marijuana for any purpose than you have violated the law and cannot buy nor possess firearms.. It\’s pretty darn plan.. That being said.. I will always own one more firearm than the government believes that I possess…
Well said Jeffrey Frischkorn… Federal law does trump state law and until something changes at the federal level, there is no recourse. I also advise caution to everyone before taking up arms against this. You cannot believe how easy it is to obtain a medical marijuana card! It would be safe to say, in my opinion, that over 50% of “medical” marijuana users don’t actually need it in the first place. I’ve got family members who are in the business of legally growing medical marijuana. They are making a killing! Their only real problem, though, lies in the fact that since it is still against federal law to use or possess marijuana, they cannot deposit any money into federally insured banking institutions. Anyway, that is for them to deal with… In any event, like Jeffery said: ” I will always own one more firearm than the government believes that I possess….”
I HAVE READ ALL OF THESE COMMENTS, AND THE ONE THING THAT SEEMS TO BE SKIPPED IS THAT YOU HAVE TO BE A “TRIED” AND “CONVICTED” FELON TO HAVE YOUR 2A RIGHTS TAKEN AWAY!!!!!
POSSESSING A CARD IS NOT A TRIAL &/OR CONVICTION!!! , WE ARE NOT FELONS UNTIL CONVICTED OF SUCH!!! GET IT RIGHT!!!…. FKN IDIOTS!!
THEY WILL TRY ANYTHING TO TAKE OUR GUNS, FALSE FLAG OPS. , FAKE MASS SHOOTINGS.
DON’T FALL FOR THE BS!!
T H I N K !!!
Gun Control Act of 1968, as amended by the Firearm Owners’ Protection Act of 1986, makes it clear – if you use illegal drugs, you’re forbidden to own firearms in the United States of America. Now, the funny thing is that Hawaii actually legitimized the use of medical marijuana, but is mandating that these legal users of marijuana forfeit their civil right to keep and bear arms until they can get a physician to certify a medical need to use marijuana (which physician’s going to put their DEA license on the line by prescribing a Schedule I drug?).
This order (not a law passed by the Hawaii legislature) is a squirming can of legal worms. The physician certification thing is an obvious Catch-22 which appears to give people with a medical indication for use of marijuana a way to keep their civil rights intact, but depends on physicians opening themselves to charges by the US Drug Enforcement Agency if they prescribe a drug for which DEA has declared there are no legitimate medical indications.
Having seen how long-term marijuana users behave when they’re on a “down” dysphoric reaction after the drug wears off, I’m not sure it’s a bad idea to take guns away from people taking a drug which has not been adequately studied, and for which there are no reliable controls on dosage. A deeply depressed and paranoid person may not be the best person to live nearby if he’s got a gun or two.
But the decision shouldn’t be made by a single police chief. Police enforce law. They do not make it. Hawaii’s lawmakers ought to actually manage the unintended consequences of locally legalizing a drug which the Federal government does not want mere mortals to take (the only exceptions to marijuana’s Schedule I controlled substance restrictions are use in medical research). One positive thing Hawaii and other states which legalize the medical use of marijuana is to enroll all certified medical users of marijuana in a clinical trial of marijuana conducted in the same way as other studies of investigational drugs. That would remove the legal stigma of medical marijana use, but placing that use in a legal and ethical context – for once.
If doctors are prescribing psychotic drugs then the patients need to be put on the NICS no buy list and have their guns removed. Every single mass shooter in this country has been on some type of mind altering drug.
Another note.. It is possible now to be arrested and prosecuted for LYING on a 4473 if you entered NO to drug use and had a MMC. …… U R DOUBLE SCREWED
It was always illegal as stated on the 4473. clarified and specified in 2016 by BATFE. The difference is YOU- the user admitted drug use by obtaining a MMC.. Did you notice Hawaii extended the ownership of AMMUNITION also.. U R SCREWED
MORE smoke and mirrors!
Guys, wake the hell up! there are no “gun laws” in the United States!
Nobody is saying you can’t “keep and bear Arms”… “Firearms” are a legal FICTION! Just think and use you brain. Is there a species of firearm, which is NOT also an Arm, within the meaning of the Constitution? NO!!! of course not! So this thing call “firearm,” which is subject to statutory regulation is a LEGAL FICTION!!!
“to keep and bear Arms” is a RIGHT… and “Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them.” see Miranda v. Arizona, 384 U.S. 436 (1966)
So guess what? Do a word search for “Arms” in any state statute. — IT DOESN’T EXIST! — why not? because… “Congress cannot invoke the sovereignty of the people to override their will as declared in the Constitution.” Perry v. United States, 294 U.S. 330 (1935). and “Congress cannot by any definition it may adopt conclude the matter, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate…” Eisner v. Macomber, 252 U.S. 189 (1920)”
So, I breath pot smoke whenever I want in Massachusetts and I keep and bear Arms wherever I sojourn; both are protected by the Constitution — “the supreme Law of the Land.” And if I visit Hawaii, you better believe I’m BRINGING (not Carrying) my Arms with me!
https://www.youtube.com/watch?v=vw0O_R5_0p4&t=6s
As SCOTUS has ruled many a time, the rights in the Constitution are not unlimited rights. So go ahead, do want you want to do but I am sure the ass monkeys will love your screaming that while you are in jail for illegal firearm possession in violation of drug laws if you want to do that in HI. Aloha’oe
Hawaiians brought it on themselves, they deserve everything they get. What’s even better is all liberals ought to be resettled to HI, where they could live in their dystopia far away from the free and brave on the mainland.
You got it all wrong brother!!! Let the gun owners have Hawaii. We can still ship Libby off , just keep them on the boat until it reaches their motherland of North Korea.
While I agree with your sentiment, I’d prefer that all libtards be removed from Hawaii and resettled in SF rather than the other way around….the final phase once the resettlement is complete would be the San Andreas actuating to create a moat if you will around the entire state of Kalifornicate.
… Surprise, surprise, it’s no small reason that the liberal’s under the Obama reign pushed for legalization of pot for the express purpose of excluding people from firearms ownership under the clause that’s been on the 4473 forms for years about pot addiction…
Try again, you’ve got it backwards. If the federal government legalizes pot, the marijuana restriction on the 4473 goes away. Currently, and for many years prior to Obama, Mary Jane is a Schedule 1 drug, equal in the eyes of the law to opium, heroin, methamphetamine, etc. If legalized, it would be the equivalent of alcohol, for which there is no gun ownership prohibition. However, only states have legalized medical and/or recreational use, and the ancient federal law, dating from the 1950s I think, remains in effect. To add to the woes of pot smokers everywhere, AG Sessions has stated he intends to enforce the federal law on pot. Which means, as happened here in California, all of the legal pot shops and the owners of the buildings housing those pot shops will receive a nice letter from the Assistant AG stating that the possession and sale of pot is a federal offense, and that shops will be shut down by the DEA and the properties will be subject to the civil forfeiture laws.
For years I warned all my customers that the dominoes were being placed ready to fall on you. It was no surprise to me that people had the “it won’t happen to me” attitude.
And this is one of the reasons I can never, and will never, move back to Hawaii, not because I smoke weed, but because I own guns. My parents were required to register all the guns my GRANDFATHER had at the house for DECADES. No one can explain to me the crime they’re preventing by registering a shotgun that hasn’t had a round put in it in 40 years. don’t get me going on the FBI RapBack debacle…
while im a huge advocate of legalized marijuana, this is exactly why i’ve always advocated smoking weed illegally and maintaining legal possession of your guns. Id rather get a pot citation than have to turn my guns over because i’m on the books as a medical weed user and the fed doesn’t allow pot smokers to possess guns.
Of course you could do just make friends with someone with a medical marijuana card who doesn’t have a gun, and ask him to buy it for you. That way you don’t run the risk of making an illegal buy on the street corner. 🙂
Or better yet the Federal Government could enforce ALL their laws. This would pressure the douche nozzles in the legal states to lobby their supposed representatives and get this horrendously miscoassified plant OFF the Feds books.
I watched Reefer Madness and it is real. Two puffs and young men become psycho killers. Those same two puffs will also cause all the good Christian white girls to become loose and sleep with negros. I saw it in the movie, it must be true.
Of course, then you committed a felony with a straw purchase.
This debacle just re-upped the black market in Hawaii. Close one door opens two more.
Or, and this is crazy, just be an adult and don’t use marijuana if you choose to exercise your second amendment rights. It sucks that you have to choose, and I’m sure federal law will change in the next few years, but we don’t get to call ourselves “responsible, law-abiding gun owners” when we openly advocate shrugging off the laws we don’t like. You want to be able to legally use marijuana? Throw away your Republican voter registration and help us elect Libertarians to state and federal offices.
how about we all be puritans and wait for marriage to have sex, too?
You’re funny. Your comparison makes no sense. No federal law exists requiring marriage before sex. Simply admit that your original post is antithetical to the idea of being a “law-abiding” gun owner. Is firearm registration useless and punitive? Of course it is. Is criminalization of recreational marijuana just another federal overreach? Absolutely. But we have to play the game by the rules and affect change through the proper channels. Being a scofflaw doesn’t help anybody, and the day some over-zealous district attorney slaps your peepee you’ll just be another shitty law-breaking gun owner left in the cold crying about how unfair it is.
Like these Pigs don’t have anything else better to do? When are gun owners gonna realize the police are not our friends. I didn’t hear of any police refusing orders to confiscate guns after Katrina, slamming old ladies to the ground in their own homes. Meanwhile, there was an orgy of violence, rape and mayhem at the Astrodome where the police could have actually done their jobs.
Some can be on our side, do not generalize, they will not be in the majority. However, I am a police officer, and the Constitution comes first and foremost and yes I would reject orders even if they would fire me for it.
Thank you.
You can thank Mayor Nagin for that. The Astrodome was supposed to be set up as an emergency shelter by the city to handle the emergency that actually happened. There was supposed to be food, water, cot, blankets and people to run the shelter for many thousands of people. In NJ we have CERT teams in every city. The COMMUNITY EMERGENCY RESPONSE TEAMS, trained volunteers in conjunction with FEMA set up shelters during SANDY. We had everything we needed including first aid and law enforcement. The CERT volunteers are trained members from their cities taught by the police, first aid and hospital instructors to handle emergencies up to WMDs. We can’t assist in dangerous emergency parts but we can triage, do search and rescue, direct traffic, set up shelters and even do basic first aid.