Marijuana dispensaries.

[Uncle TK]

You can have a gun in the house with a convicted felon living there if the felon does not have access to it from what I understand.
Must be in a safe with only the legal owner having access to it.

Oklahoma Statutes Citationized
[Broken External Image]Title 21. Crimes and Punishments
[Broken External Image]Chapter 53 - Manufacture, Sale, and Wearing of Weapons
[Broken External Image]Section 1283 - Convicted Felons and Delinquents
Cite as: O.S. §, __ __


A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.

 

[Dave70968]

I'd like to see a citation on that, personally.

18 U.S.C. 922

...
(g) It shall be unlawful for any person—
...
(3)
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
...​

Form 4473 has a specific warning that despite state-level decriminalization, any marijuana use remains unlawful at the federal level. As to merely having the card, I haven't seen a good (legal) citation on that, but the general consensus is that it would be "constructive possession" of marijuana, and therefore disqualifying. That seems to be the feds' interpretation as well: https://www.apnews.com/559bae71b04e429ca22c49eb0dd10e9e

 

[dennishoddy]

Oklahoma Statutes Citationized
[Broken External Image]Title 21. Crimes and Punishments
[Broken External Image]Chapter 53 - Manufacture, Sale, and Wearing of Weapons
[Broken External Image]Section 1283 - Convicted Felons and Delinquents
Cite as: O.S. §, __ __


A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair.

Yep, that's the one. As long as the felon does not have it in their immediate control, it can be in a safe in the home by the spouse, or in a safe in the vehicle as long as they don't have access to it.
Which brings the question of what is immediate control? If I have my CCW in the appendix carry in a holster, or have a pocket gun with it in the pocket and a felon gets into the vehicle, knowingly or unknowingly and I get stopped for a traffic violation, then I present my CC card and the other person turns out to be a felon what defines immediate control?
I can see it being a judgment call?

 

[mightymouse]

18 U.S.C. 922

...
(g) It shall be unlawful for any person—
...
(3)
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
...​

Form 4473 has a specific warning that despite state-level decriminalization, any marijuana use remains unlawful at the federal level. As to merely having the card, I haven't seen a good (legal) citation on that, but the general consensus is that it would be "constructive possession" of marijuana, and therefore disqualifying. That seems to be the feds' interpretation as well: https://www.apnews.com/559bae71b04e429ca22c49eb0dd10e9e

Thanks, Dave, for posting the relevant statute. As has been mentioned, if someone has a medical marijuana license, and that someone goes in to buy a gun, then opens their wallet to retrieve their driver's license, and by so doing exposes their M/M license to the FFL, that FFL has reasonable grounds to deny purchase of said gun.

 

[Dave70968]

Thanks, Dave, for posting the relevant statute. As has been mentioned, if someone has a medical marijuana license, and that someone goes in to buy a gun, then opens their wallet to retrieve their driver's license, and by so doing exposes their M/M license to the FFL, that FFL has reasonable grounds to deny purchase of said gun.

Yup. And answering "no" to Question 11(e) on the 4473 when you are, in fact, an unlawful user (all users are unlawful under present federal law) is in and of itself a federal felony on your part.

 

[tRidiot]

My question was about having the card. Some people may go through the trouble to get the card, but may not actually use the substance. If there is no substance in the home, and if they test negative for such (if a test can be compelled under whatever circumstances), are they truly in violation of the law?

If that is the case, does a card-carrying member of NAMBLA qualify for prison and/or registration as a sex offender just for being a member of the organization?

While it may be the opinion of someone contacted at some agency (uncited in the story Dave listed), I wonder how it would play out if there were a trial case on the matter.

I'm not advocating for or against, I'm just asking if being a cardholder automatically 100% equates to being a "user of" or "addicted to" in the eyes of the law. Certainly it stands to logic most people who went to the trouble of getting the card might fall into that category, but it's an assumption that may not always be true.

 

[mr ed]

If the state of Ok were to enter all MM cards into the NICS database you would be screwed when they run the background check.

 

[Tanis143]

My question was about having the card. Some people may go through the trouble to get the card, but may not actually use the substance. If there is no substance in the home, and if they test negative for such (if a test can be compelled under whatever circumstances), are they truly in violation of the law?

If that is the case, does a card-carrying member of NAMBLA qualify for prison and/or registration as a sex offender just for being a member of the organization?

While it may be the opinion of someone contacted at some agency (uncited in the story Dave listed), I wonder how it would play out if there were a trial case on the matter.

I'm not advocating for or against, I'm just asking if being a cardholder automatically 100% equates to being a "user of" or "addicted to" in the eyes of the law. Certainly it stands to logic most people who went to the trouble of getting the card might fall into that category, but it's an assumption that may not always be true.

IIRC I think there was already a case where a woman got a MM card to support the movement then was bared from purchasing a firearm. Getting ready for work so I can't googlefu it.

 

[pnuner]

From the OSBI website. https://osbi.ok.gov/sites/g/files/gmc476/f/SDA_and_Medical_Marijuana.pdf I know one of the statements instructors say now is if you have a medical marijuana card you can't take this class.

 

[mightymouse]

From the OSBI website mentioned above: "If an SDA license holder subsequently becomes a Medical Marijuana Patient License holder, he or she is expected to surrender his or her SDA license. A Voluntary Surrender Form is available on OSBI's website".