(GSL) – From even before Illinois’ new recreational marijuana law took effect, Guns Save Life has warned that buying pot will carry with it the risk of losing one’s firearm rights.
After all, for now marijuana remains a federally prohibited drug. As such, possession, purchase and/or consumption puts users into the federally prohibited person category per federal law when it comes to guns.
The Illinois State Rifle Association’s lobbyist Eddie Sullivan claims that he’s trying to dispel bad information on what he calls “myths” surrounding reefer and FOID cards.
He agrees with GSL’s analysis that consumption of the drug makes you ineligible to purchase firearms under federal law.
However, he writes: “We at ISRA have confirmed that the Illinois State Police (ISP) will ‘not revoke Firearm Owners’ Identification cards based solely on a person’s legal use of adult-use cannabis.’”
Well, thank you very much! Let’s just go out and buy a big ole bag and fire up a doobie, right?
Eh, not so fast, Kemosabe.
Illinois law (430 ILCS 65/8) makes it clear that FOID cards may be revoked for persons prohibited from acquiring or possessing firearms by state or federal law.
At best, even if ISP doesn’t revoke the FOIDs for recreational use or purchases of weed today, they may do so tomorrow.
Not only that, but the very same Illinois State Police have said they will revoke FOID cards for chronic or habitual usage of marijuana.
So what is chronic and / or habitual usage? Two or more recreational purchases?
Obviously, marijuana usage remains a very grey area in the ISP interpretation of law. And when was the last time the ISP (or JB Pritzker and his cronies) given the benefit of the doubt to gun owners?
Sullivan goes on to claim that when dispensaries scan the photo ID of purchasers, that information will not make it to the Illinois State Police – and that the ISP won’t share that information with the feds as the ISP has done with medical marijuana users in the past.
So, do you want to bet your gun rights on a press release from ISP? Especially when there are plenty of (former) gun owners who applied for a medical marijuana card only to lose their firearm rights with a FOID / CCW revocation based upon medical marijuana usage?
Regardless of the ISP possibly turning a blind eye to marijuana use by gun owners, the feds are a different story.
If you have purchased recreational pot, and you check “Yes” to question 11e of the Form 4473, that’s a felony. Even to attempt the purchase.
11e. 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. [Emphasis original]
And if you lie on the Form 4473 and check “no” on question 11e? Well, that’s another felony. What’s more, the sale may still be denied on the NICS background check, once more exposing you to that federal felony charge.
Not only that, but even if you get buy dope in Illinois and then cease using it at a future time, we are aware of no current process in existing law to have your name removed from that prohibited person status.
For now at least, until marijuana becomes legal at the federal level, the safest and most prudent course of action remains to avoid it if you wish to remain a lawful firearm owner.
Put another way: If you like your guns and want to keep your guns, avoid the reefer.
Or more simply: buying pot is hazardous to your right to self-defense.