You just lie when filling that form out. Nobody will do anything because if it got turned into a case that made it to the Supreme Court, it would most likely be the end of a large bit of that background check. A lot of that stuff has very questionable constitutionality.
And before the downvotes or flames… let’s be completely honest here. Anybody in a recreational state who owns a gun and filled out that forum lied. I mean technically you aren’t supposed to smoke pot in federal land like a national park or forest yet it happens all the time and nobody cares. Not all laws get enforced.
Let’s say you got pulled over for “fitting the description” or because you “looked suspicious” and let’s say that it’s one of the cops “specially trained to detect being under the influence” [1]. Let’s also say that you are legally allowed to carry.
Do you really think there is a non zero chance that cops won’t use any excuse to make an arrest seem legit?
I think you give the government too much credit still. In Florida for instance, ex-convicts registered to vote at the county office and were told they could based on a new law. The county clerks gave them bad information and they were still arrested.
Yeah... I'm saying the documentation that you have a medical marijuana make it more likely they would target you, because it's not that difficult to cross-reference various government lists (marijuana database and NICS).
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.
> A registered qualifying patient or registered designated
caregiver shall not be denied the right to own, purchase or
possess a firearm, firearm accessory or ammunition based solely on his or her status as a registered qualifying patient or registered designated caregiver. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, firearm accessory or ammunition or any related firearms license or certification based solely on his or her status as a registered qualifying patient or registered designated caregiver.
Edit: By enforcement, I mean that it's not going to be the FBI or the ATF that knocks on your door if it's discovered you have purchased a firearm with a medical marijuana card but the state, county, or municipal police. The feds might go after the store, though.
"I was under the impression you can buy firearms legally without background checks at all in much of the USA"
I'm not sure if this is legitimate or if you're trolling. The regulations on background checks can vary depending on the state. Even in states where private sales are legal, you would still be prohibited.
Granted enforcing that prohibition comes down to people following the laws, and there's nothing physically forcing them to do so (whether requiring a background check or not), merely punishment after the fact.
If you buy person-to-person, yes, in most states. However, just because a felon (or a marijuana user, both are prohibited from owning guns) can buy a gun like that, doesn't mean they won't get in trouble for it if they ever get caught.
Edit: form 4473 question 11e asks if you are an unlawful user of drugs such as marijuana and reminds you that it is still federally illegal. You will fill out this form if you purchase a gun from a licensed dealer. Lying on this form is itself a felony.
