If you’re a gun-owning Pennsylvania resident, the Pennsylvania State Police are urging you to turn in your firearms if you are seeking medical marijuana cards.
Sorry, what?
A statement from the Pennsylvania State Police’s website is receiving a lot of local attention over what appears to be an erroneous statement concerning state and federal law.
The statement reads:
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Here’s the catch
According to Pennsylvania state law, the use of medical marijuana is legal, and not a hindrance to owning a firearm. However, according to the state police website, Pennsylvania’s legalization of medical marijuana is not federally recognized.
According to 18 U.S.C. § 922(g)(3) and 27 C.F.R. § 478.32(a)(3), possession of a medical marijuana card and the use of medical marijuana determines that a citizen is an “unlawful user of or addicted to any controlled substance.”
Federal law prohibits an “unlawful user of or addicted to any controlled substance” from purchasing, acquiring, or possessing a firearm.
In short, federal law says it is illegal for a citizen to attempt the purchase of a firearm if they are a medical marijuana cardholder.
This isn’t new information: the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has held the position since 2011 that no one in possession of a medical marijuana card may also legally own a firearm.
Generally speaking, state police cannot enforce federal law unless a statute gives them express permission to do so. Pennsylvania law is somewhat ambiguous on this point, allowing the PSP make arrests “for all violations of the law,” without specifying whether this includes federal law.
Pennsylvania State Police urge gun owners to give up firearms to get medical marijuana
Sorry, what?
A statement from the Pennsylvania State Police’s website is receiving a lot of local attention over what appears to be an erroneous statement concerning state and federal law.
The statement reads:
“It is unlawful for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a medical marijuana card, and you should consult an attorney about the best way to dispose of your firearms.”
[clip]
Here’s the catch
According to Pennsylvania state law, the use of medical marijuana is legal, and not a hindrance to owning a firearm. However, according to the state police website, Pennsylvania’s legalization of medical marijuana is not federally recognized.
According to 18 U.S.C. § 922(g)(3) and 27 C.F.R. § 478.32(a)(3), possession of a medical marijuana card and the use of medical marijuana determines that a citizen is an “unlawful user of or addicted to any controlled substance.”
Federal law prohibits an “unlawful user of or addicted to any controlled substance” from purchasing, acquiring, or possessing a firearm.
In short, federal law says it is illegal for a citizen to attempt the purchase of a firearm if they are a medical marijuana cardholder.
This isn’t new information: the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has held the position since 2011 that no one in possession of a medical marijuana card may also legally own a firearm.
Generally speaking, state police cannot enforce federal law unless a statute gives them express permission to do so. Pennsylvania law is somewhat ambiguous on this point, allowing the PSP make arrests “for all violations of the law,” without specifying whether this includes federal law.
Pennsylvania State Police urge gun owners to give up firearms to get medical marijuana
