Posted on 08/08/2023 5:05:27 AM PDT by marktwain
The state of Arkansas has created a law to protect the ability of medical marijuana users in the state to obtain a concealed carry handgun license. HB1784 was introduced on March 29, 2023. On April 4th, 2023, the House voted for bill HB1784, 82 to 5, with eight not voting and five not present.
On April 7, 2023, the Senate voted for the bill HB1784, 26 to 3, with two not voting and two not present. HB1724 was signed by Governor Sarah Huckabee Sanders (R) into law on April 12, 2023. Here are relevant excerpts. From the Arkansas State Legislature:
(B) The director shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter….
(C) An applicant shall not be considered to chronically or 13habitually abuse a controlled substance based solely on the applicant’s 14status as a qualifying patient or designated caregiver under the Arkansas 15Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98.
This part of the statute prohibits the Arkansas Department of Health from disclosing the status of a person as a marijuana user in a criminal history check or other background checks which will be used in consideration of the issuance of a concealed carry handgun license.
(Excerpt) Read more at ammoland.com ...
This has prompted the ATF to rescind their acceptance of a Michigan CPL in lieu of a NICS check.
As a result, regardless of your CPL holder status, all firearm transfers from an FFL must now have a NICS background check.
Very interesting, thank you.
I choose to keep my CC not as permission but as additional sanction.
that might work..
But IANAL.. AFAIK, that medical MJ person is NOT legally able to buy a gun on a 4473, as that is federal. Not sure how posessing (federally) comes into play.
Not sure how all of the State Vs. Fed stuff works. But, it seems like the person is still setting themself up to get hosed one way or another.
Michigan recently changed their laws to require a License to Purchase for all firearms purchases, handgun and long gun, beginning in 2024.
However, LTPs are required only for private sales. Transfers from an FFL do not require an LTP, but do require a NICS.
So I suppose one could get an LTP then decide to by from an FFL, but it would be rare IMO.
Should be unconstitutional.
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