I could be wrong but I think that was in there from the get-go. And I hear the OSBI saying they have to "follow the Feds" and deny if you hold a MMJ card. I guess they can't read...
From the get go? This bill was just authored in Feb.
If it was part of SQ788, it must have been removed.
Good for permit, but still lacking for purchasing a firearm from an FFL and having to fill out the 4473.
Thats why there is this bill including it.
If you look at it, it was passed in 2016. I thought anyway. Don't really understand why it has to be in this bill if it's already law.
OKLAHOMA SELF-DEFENSE ACT (SDA) HANDGUN LICENSES AND MEDICAL MARIJUANA
STATE AND FEDERAL LAWS
Oklahoma state law dictates that any person who is “ineligible to possess a pistol due to any provision of law of this state or the United States Code” shall be denied the right to have a handgun license pursuant the Oklahoma Self- Defense Act. (21 O.S. § 1290.10 (9))
Title 18 USC § 922 (g) (3) federally prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from firearms possession.”
According to a 2011 Open Letter to All Federal Firearms Licensees (FFL) written by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.” The letter tells FFL’s, “if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance.”
Unless and until the federal government changes marijuana from the Schedule 1 Prohibited Category, possession and use of medical marijuana will make a person ineligible to possess firearms. OSBI will comply with federal law as it relates to the issuance of SDA handgun licenses.
APPLICATION OF LAWS TO THE PROCESSING OF HANDGUN LICENSES
Based on current state and federal law, the Oklahoma State Bureau of Investigation (OSBI) will deny the application of anyone who answers ‘yes’ to the question, “Do you unlawfully use, or are you addicted to, any controlled substance?” The application warns the applicant that “Marijuana is classified as a Schedule I Controlled Substance federally, therefore individuals issued an Oklahoma Medical Marijuana Patient License should answer yes and may be precluded pursuant to 21 O.S. § 1290.10 (9).”
At this time, there is not a notification system between the Health Department and the OSBI. Applicants are required to “Comply in good faith with the provisions of the Oklahoma Self Defense Act” (21 O.S. § 1290.9 (6)) which would include responding honestly to the questions posed on the application. Any person making any false or misleading statement on an application for a handgun license will be denied and shall, upon conviction, be guilty of perjury.
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.
SDA license holders who are subsequently identified as having a Medical Marijuana Patient License will have their SDA license revoked.
Individuals in possession of an SDA Handgun License can reside with a Medical Marijuana Patient License holder. Federal law only prohibits the user from having possession of firearms.
Anyone who carries a firearm without an SDA handgun license may be charged with Misdemeanor Unlawful Carry
STATE AND FEDERAL LAWS
Oklahoma state law dictates that any person who is “ineligible to possess a pistol due to any provision of law of this state or the United States Code” shall be denied the right to have a handgun license pursuant the Oklahoma Self- Defense Act. (21 O.S. § 1290.10 (9))
Title 18 USC § 922 (g) (3) federally prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from firearms possession.”
According to a 2011 Open Letter to All Federal Firearms Licensees (FFL) written by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.” The letter tells FFL’s, “if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance.”
Unless and until the federal government changes marijuana from the Schedule 1 Prohibited Category, possession and use of medical marijuana will make a person ineligible to possess firearms. OSBI will comply with federal law as it relates to the issuance of SDA handgun licenses.
APPLICATION OF LAWS TO THE PROCESSING OF HANDGUN LICENSES
Based on current state and federal law, the Oklahoma State Bureau of Investigation (OSBI) will deny the application of anyone who answers ‘yes’ to the question, “Do you unlawfully use, or are you addicted to, any controlled substance?” The application warns the applicant that “Marijuana is classified as a Schedule I Controlled Substance federally, therefore individuals issued an Oklahoma Medical Marijuana Patient License should answer yes and may be precluded pursuant to 21 O.S. § 1290.10 (9).”
At this time, there is not a notification system between the Health Department and the OSBI. Applicants are required to “Comply in good faith with the provisions of the Oklahoma Self Defense Act” (21 O.S. § 1290.9 (6)) which would include responding honestly to the questions posed on the application. Any person making any false or misleading statement on an application for a handgun license will be denied and shall, upon conviction, be guilty of perjury.
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.
SDA license holders who are subsequently identified as having a Medical Marijuana Patient License will have their SDA license revoked.
Individuals in possession of an SDA Handgun License can reside with a Medical Marijuana Patient License holder. Federal law only prohibits the user from having possession of firearms.
Anyone who carries a firearm without an SDA handgun license may be charged with Misdemeanor Unlawful Carry
There was no bill in 2016. It was a state ballot question and after it passed, some different jackwagons butchered the language of it and stuff like this was removed, against the will of the people.
So the question remains... If SQ788 has the verbiage that @CHenry posted in it and it's passed, does it nullify this? It would seem so (I'm talking state here, the Feds are gonna Fed regardless).
And @CHenry, I'm calling shenanigans. I distinctly remember the exact verbiage you posted being in the ballot initiative that I posted and was passed. That link that I posted is regarding it, and there's nothing in those 120 something pages removing it that I saw. And I thought it was the "whole enchilada" on the changes and fighting over it with all the AG reviews, objections, OSC decisions, and any revisions would be there. I wonder who and when it was stripped because I read it right before going to vote and it was in there. Something very strange happened.
just as soon as theres no money left.
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