By Paul Lathrop
Contributing Editor
According to a story on Mogreenway.com the Missouri legislature has taken steps to protect those who both own guns and have a medical marijuana card.
Last week, the Missouri legislature passed a Second Amendment Sanctuary Act, something that several other states have done in recent months as the Biden Administration ramps up its rhetoric in favor of gun control.
What makes the Missouri bill special is the wording in it that specifies that a Missouri resident is a law abiding resident is defined as a person who is not otherwise precluded under state law from possessing a firearm.”
Missouri has a medical marijuana law and doesn’t preclude those who use marijuana from purchasing or possessing a firearm in state law.
Where this becomes interesting is at the FFL level. When transferring a firearm, a FFL is required to have the person who the firearm is being transferred to fill out a Form 4473, which includes the question “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.”
While the Missouri Bill doesn’t allow Missouri law enforcement to get involved, it doesn’t control federal enforcement.
Furthermore, it raises the question of how someone answers that question on the 4473 if they do have a medical marijuana card. Do they lie on the form or do they answer truthfully and be certainly denied?
