The CO MMJ list is not linked to any other database, even the CO law enforcement cannot access it.
(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 1999.
(a) No person shall be permitted to gain access to any information about patients in the state health agency’s confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency’s confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.
(Constitution of the State of Colorado, Article XVIII, Section 14)
When you plant ice you're going to harvest wind. - Robert Hunter
You can say NOT, but when you go to buy a gun one ? is are you or do you take prescription meds, blah blah, and then list what kind.
A bud on one of my gun forums went to buy and the specifically asked him if he had a MMJ prescript. He didn't and asked why they asked that, they stated they could not would not sell to a person with one.
Soulshiner is correct, but when you fill out the ATF form, you must supply that information (or not?). Below is a link to ATF form 4473. Scroll to question 11e and check "NO". Simple as that?
Is this based on how you interpret the law? That is as a legal user in Colorado. Or is this question based on how the Feds interpret the law? That being MMJ is not recognized.
Or, by signing the form, are you somehow allowing CO State Health Dept. to reveal your MMJ status?
The same access given to law enforcement to determine whether or not the card you have presented them is a valid card will also give them access to determine whether or not you are attempting to purchase a firearm in violation of federal law. I can all but promise you that your name is not part of the protected information on the registry. Your condition, your doctor or caregiver would be, but not whether or not you were in the registry. After all, if you are on the registry, you are also the one who granted law enforcement the ability to look into your background before approving your ability to purchase a weapon when you filled out the form.
Whatevergreen wrote: Is this based on how you interpret the law? That is as a legal user in Colorado. Or is this question based on how the Feds interpret the law? That being MMJ is not recognized.
The letter from the BATFE answers that question clearly.
Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authoirizing marijuana use for medical purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer 'yes' to question 11.e on the ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them.
But if you're an alcoholic or pill popper, buy as many guns as you can carry.
I seriously doubt they are sending every purchase over to the Department of Health to check and see if someone is on the registry. I seriously doubt they send over any of them. They aren't even checking on the grow operations and dispensaries that are in blatant violation of federal law. As far as I have heard, they have only gone after the idiot who went on tv and showed and bragged about his grow operation in Highlands Ranch.
When you plant ice you're going to harvest wind. - Robert Hunter
The federal government has just clarified what the various state governments must do in order to be in compliance with federal law Soulshiner - and that includes making sure that those who are seeking to purchase or possess a firearm or ammunition are not users of marijuana for any reason. If you are the holder of a medical marijuana card, you are, by definition, suffering from a debilitating condition which marijuana may help address. It would be reasonable to presume that you are a user of marijuana if you possess a medical marijuana card and it would be an unlawful action for a federal firearms license holder to transfer into your possession a firearm if you are a medical marijuana card holder. You can bet your last FDR dime that if you hold a medical marijuana card the federal government will be claiming that they have a right to that information to make sure you are not sold a gun in violation of federal law.