Ladies and gentlemen who use marijuana recreationally or even medicinally in Illinois cannot buy firearms legally after July 1, 2023 thanks to both the FOID Modernization Act (thank you ISRA for negotiating this law for a “seat at the table” with people who wish to disarm us) and the new so-called Protect Illinois Communities Gun Ban.
While federal law precludes marijuana users from buying from federally licensed gun stores, until now those individuals could buy from a private party. With the new gun ban, as of July 1, 2023, ALL gun sales, even private sales, must go through a dealer. As such, those who use marijuana will be blocked from purchasing firearms for personal defense or for recreation.
Remember, there is a weed-related question on the ATF’s Form 4473 which must be completed to purchase a firearm from a dealer. If you answer that question in the affirmative intentionally, it does block you from making a purchase.
From the form itself:
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.
We’ve checked with local gun shop as well as attorneys. “Does it block the sale of a firearm?” we asked.
“Answering yes kills the sale,” one dealer summed it up nicely. Another noted that when purchasing a firearm, approvals for even medical marijuana users “seem to get lost in space.” Which if fortunate for them, because attempting to purchase a firearm as an illicit user of pot (under federal law) is a federal felony.
Again, as it is right now if you have a medical marijuana card, you can purchase a firearm privately now. You can have a FOID card and even a carry license in the Land of Lincoln. But you cannot LEGALLY purchase a firearm from a dealer. You must purchase from a private person.
And don’t think about asking someone else to buy one for you from a dealer and then transfer it to you. That’s what the feds like to call a “straw” purchase.
But now in our fair state, under Governor J.B. Pritzker and most of the Democrat party, that “private sale” option for MJ users will close at the end of June 2023.
This means that someone with a medicinal weed permit would not be able to acquire a firearm at all. Not to mention inheritance where a widow could possibly not (legally) inherit the firearms her husband legally owned, even though some of them may have been hers already in actuality. But, of course this isn’t discussed as no one would want to appear as advocating for wacky weed users to have a gun, lol.
https://isp.illinois.gov/Foid/Ccl
Concealed Carry License
On July 9, 2013, Public Act 98-63, the Firearm Concealed Carry Act became state law (430 ILCS 66). This law requires an Illinois Concealed Carry License to carry a concealed firearm in Illinois.
Please Note: If you possess an MML, are a caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act, and/or otherwise use cannabis consistent with Illinois law, your FOID card or CCL will not be revoked nor will your application(s) denied. Medical Marijuana Licenses are state-issued and cannot result in the denial of any right or privilege. However, under Federal law, you are subject to restrictions that prohibit you from acquiring or possessing firearms and firearms ammunition. These restrictions are pursuant to the Gun Control Act of 1968, specifically 18 U.S.C. §922 and remain in effect until the revocation or relinquishment of your medical cannabis card or until one year after you last used cannabis, whichever is later.
https://www.ilga.gov/legislation/102/HB/PDF/10200HB5471lv.pdf
I’ve tried to warn people about this ever since Illinois cooked up the recreational and medical pot nonsense, which runs afoul of the Federal Government. Once you registered yourself as a pot smoker, it was a foregone conclusion that your gun rights would go out the window here in Illinois. Lying on the 4473 is a Federal offense, and they DO prosecute that from time to time. ISP handles the background checks, and they can certainly swap spit with those that maintain the medicinal marijuana database to find out if you are using. Just wait until Illinois goes after your drivers license for pot use, too. The state giveth, the state taketh away.
It’s too bad we cannot have a law against legislating while smoking dope. It would prevent a lot of the stupidity we now see coming out of Spring….uh Chicago.