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Thread: Florida problem

  1. #1
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    Florida problem

    I know we have members here from Florida, so we're posting this as a heads up. It also applies to anyone who has a Florida non-resident carry permit.

    For whatever reason, firearms carry permits in Florida are issued by the Department of Agriculture. For equally obscure reasons, now that Florida has begun allowing the use of marijuana for medical purposes, the issuance of medical marijuana cards also falls under the Department of Agriculture.

    As you all know (or should know), despite the "legalization" of marijuana by some states, marijuana remains a prohibited substance under federal law and any use of marijuana makes you prohibited from firearms use or possession under federal law. Period. No exceptions. Which means that Florida should not issue carry permits to anyone who uses marijuana, even for medical purposes. This is specifically covered in Florida law.

    But the new Commissioner of the Department of Agriculture has decreed that her department will continue to issue permits to people who hold medical marijuana cards. Some folks will be cheering this [unlawful] proclamation. We suggest holding the applause. The reason: a person with a medical marijuana card may get their permit (or get it renewed), but each day they possess or carry their sidearm they will be violating federal law. To put it more bluntly ... they will be committing a felony offense. If they ever have to use that firearm in a self defense situation, the legal fallout will undoubtedly be "interesting."

    https://thefirearmfirm.com/medical-m...-license-cwfl/

    Florida Statute section 790.06(2)(f), appears to contradict her statement that alcoholics and people addicted to prescription drugs are allowed to purchase and possess guns, while section 790.06(2)(n) seems to clearly indicate that the Department of Agriculture is not supposed to issue a CWFL to a person prohibited by Federal Law from possessing or purchasing a firearm.

    Although it now appears likely that the Department of Agriculture, under Commissioner Fried will issue CWFLs to those with a medical marijuana card and will not seek to revoke those already issued, anyone who has a medical marijuana card and/or prescription for medical marijuana should be aware that the federal government and the ATF are not bound by Commissioner Friedís interpretation of the law and can and likely will still prosecute those who possess firearms. Under the law it does not seem that you can have both a medical marijuana card and a CWFL.

    [As an aside, that's one of the poorest written articles I've seen in a long time. It's like the law firm got a wholesale price on commas, but they didn't come with an instruction book on how or where to use commas for punctuation. Oh, well.]
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  2. #2
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    And so... the Fight for States rights continues.

  3. #3
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    Wow!!! What a mess!
    John Caradimas SV1CEC
    The M1911 Pistols Organization
    http://www.m1911.org

  4. #4
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    It gets more confusing.

    My immediate reaction upon reading about this was the the Commissioner is creating a potential trap for permit holders who also use marijuana for medical purposes. And then I remembered my Florida non-resident permit. I currently have, in addition to my home state carry permit, non-resident permits from five other states. My home state permit and four of the other five authorize me to carry a handgun. The Florida permit, on the other hand, is not just a handgun license. The Florida permit authorizes the holder to carry a "concealed weapon or firearm."



    From the Florida statute:

    790.06 License to carry concealed weapon or firearm.—
    (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). ...
    In reality, i don't know if this makes it less confusing, or more confusing. Offhand, I can't think of any other state whose permit includes anything other than handguns. That's why, when I first read the article, my immediate reaction was "Whoa! Catch-22." But it's not the act of issuing the license that creates the Catch-22, it's the Florida statute. You need the license to carry a stun gun weapon or a tear gas gun, and the federal law about marijuana doesn't preclude a user of medical marijuana from possessing either of those devices. But a person who holds a Florida concealed weapons license needs to be aware that, although you can legally have the license and you can use it to carry other self defense weapons, you cannot legally use it to carry a firearm (and, in fact, you cannot legally possess a firearm, even in your home).
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside
    Likes (1) :
    Frgood (24th August 2019)

    Last edited by Hawkmoon; 24th August 2019 at 10:39.


  5. #5
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    I never understood one thing; if my doctor recommends marijuana and I try it, am I still allowed to keep the guns I already own?

  6. #6
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    BFK, Unfortunately the Feds don't care what your doctor recommends. If you are using marijuana, you are a prohibited possessor. You're not just prohibited from buying more guns, you are prohibited from possessing any you already own...

  7. #7
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    This would also apply to any State that allows the use of marijuana, would it not?

  8. #8
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    Quote Originally Posted by BigFatKen View Post
    I never understood one thing; if my doctor recommends marijuana and I try it, am I still allowed to keep the guns I already own?
    Under federal law ... no. If you do, you will be a felon.
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  9. #9
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    Quote Originally Posted by tchostler View Post
    This would also apply to any State that allows the use of marijuana, would it not?
    To what are you referring?
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  10. #10
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    Simply that any State that issues both a CCW and a marijuana permit, the holder would be in violation of Fed law.
    The 4473 will not allow you to purchase anyway.

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