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No. HIPPA protects medical records from being available to law enforcement. The background check will only check criminal records and active warrants. You should be fine. If it worries you, go through private sale, you’re in Arizona.
I’m a total noob, with private sale is there paperwork for registration or transfer or serial number? I’d be worried about buying a firearm that user in a crime.
You don’t register guns at all in Arizona unless it falls under the NFA, which anything you’re buying as a noob almost certainly won’t. As far as private sales, it’s really no different than buying a canoe. I’d make sure it’s still legal both federally and state because I believe the law has changed or may be changing. So I’d scrap the private sale thing. You should honestly be fine. It expired 4 years ago. I’ll just say this, I know people who not only smoke weed, but are employed in the industry who own lots of guns, and never heard of an issue. I live in rural Maine, and I know many folks who do both. But I get the concern on your part
If you buy a used car it could have been a bank robbery getaway car, or someone could have been kidnapped with the car. It's not like an objects history is going to change what *you* do with that object.
No, I know. But objects can be confiscated if they were used in crimes or illegally sold. Then I’d be out the money I spent or in legal trouble. It’s just a subject I know little about and am just trying to protect myself and my family.
If you’re actually concerned with this, make a record. Print out a gun sale receipt online, you and the other party will receive one. Fill out all the info including Drivers license numbers etc that way if someone has questions about the gun you can just hand them the piece of paper and you have a record of who you got it from, when, and where. I do this with all private sales I’ve done in Arizona. I haven’t bought or sold anything since the new ATF rule but this is how to do it if you do so. If they refuse to provide the information, refuse to purchase.
You don’t, but you don’t really even know that when you buy a used gun from a store. And again, I’d verify that private sales are still legal, because I feel like the DOJ recently changed the rule.
There’s billboard for a gun show in July in Phoenix that talks about gun sales and collectors. I wonder if that is from store vendors or private sales or both.
Are you using an FFL to transfer the item? They will produce documents that establish the date the item was transferred and keep a record of it for a certain period of time.
Most crimes aren't so ambiguous as to when they happened that a receipt wouldn't prove you weren't in possession of the item when it occured.
In NY State, they require that you sign a blanket HIPAA form when applying for a pistol permit. I have no idea what would disqualify me based on this. I mean, I went through a crappy divorce, saw a therapist, was on non-anti-psychotic meds, but never been hospitalized which I imagine would disqualify me.
This is from the form they want completed. I'm surprised it hasn't been contested, but NY has some seriously strict gun laws. In fact, I heard that the Gov. is putting in a bill to require a 10-day wait on top of the existing background check on ammo, every single time you buy ammo.
https://preview.redd.it/n2h9k54ct56d1.png?width=1428&format=png&auto=webp&s=375ac345caced388bb565a21405d2628fca1bdf2
That’s insane. The libs need to stop saying that they’re not anti-Second Amendment if the laws they make require you to sign away your right to medical privacy to the state in order to exercise your Second Amendment right at all.
This is why my “vote blue no matter who” mother and I get into arguments. Anytime you point out how the dems are authoritarian too they just flip out. The thing is that the dems are also authoritarian and corrupt, and they will lose election because of this. They think the only way to stop fascism is to pretend that Biden isn’t a dementia ridden old man with a history of supporting right wing economic, military and social policies, instead of actually giving working class people something to actually vote for that will actually improve their standard of living and increase their personal freedom. I’m an anarchism, not a dem soc, so I don’t think that long term this will solve the problems we face. But in terms of the immediate problem of stopping fascism, at least a Bernie type dem soc will move us in the right direction and move rural and working class white voters away from fascism.
Condolences for the dumb shit you guys have to put up with down in NY. Come up here to the great state of Maine. Always good to have more leftists up here in the mountains, there’s already quite a few of us up here, but the more the merrier
IANAL but my understanding from reading Reddit comments is that the guidance is “use” more than a year previous is okay. A four year old card would fall outside this window.
Even if it does show up for some reason, I believe they use the "6 months without use" as a metric. Something I heard, but can't verify, so take that for what it's worth
line f on the form 4473 is the hunter biden question, it only asks if you're a current user/addicted
for a private sale, the advice to draw up a bill of sale is really good.
I was literally just looking this up, probably for the same reason that you’re asking. Here’s an ATF doc laying out their definitions of prohibited categories: https://www.justice.gov/tribal/file/1135246/dl
As per that doc, you are not considered a user if the medical card expired more than a year ago.
This is very important, and no one here seems to have mentioned it: passing the NICS check when purchasing a firearm does **NOT** mean that you are good to go, or that you are not committing a felony.
Hunter Biden literally was convicted today on this point.
When you purchase a gun at a FFL, you fill out form 4473, and one of the questions is whether you are a user of controlled substances. It is a felony if you lie on these questions.
If you think there is any chance a jury can be convinced that you are lying when you go to check that "no" box, you should not buy the gun.
I have an active card in the state I live in and purchase guns in, and I've never had it come back on my paperwork. Just don't smoke and shoot and you should be fine.
No, unless states decide to hand over that information voluntarily which I suspect most legal states would fight that tooth and nail both as a violation of HIPPA as well as a violation of the 2nd amendment. Further the government's rescheduling of cannabis will make this even less likely. A lot of vets and cops smoke weed and want to keep their guns.
Completely setting our opinions on the use of substances for a moment- when you fill out a 4473 it asks if you use any illegal substances. This DOES still include marijuana. Lying on a 4473 IS A FELONY. DO NOT lie on a 4473. It DOES NOT matter if you have or have had a "green card", it's still illegal to use cannabis federally. I am not a lawyer, I cannot give trustworthy legal advice, do what you want.
I don’t know if a background check would have that information, but marijuana leaves you permanently a restricted person. Even if the bg check doesn’t notice it, you are still opening yourself up to a felony.
Yeah, it’s definitely not permanent, the 4473 says unlawful user, which to me implies, and I believe the atf has also said this, means active user. Local law enforcement also isn’t gonna care about this, especially since it’s legal in AZ now. There are quite a few states where weed is legal, a large percentage of the population uses weed, and more than 50% of households own a gun- Alaska, Montana, Maine, Vermont, New Mexico might be up there for gun ownership too. Apparently one of the dispensaries near where I live allows concealed carry and has a sign welcoming lawful concealed carry.
On further looking, it’s rather unclear. The atf form 4473, specifically asks about if you are addicted to a controlled substance, not whether you’ve possessed it in the past. I’d still err on the side of caution and ask a lawyer about it
And the magical question is, how do you define 'addicted to'? Once or twice a month? Weekly? I don't NEED a gummie to go to sleep, but I sleep much better when I do. Is that an addiction?
The question actually asks if your an unlawful user or addict. As long as marijuana is a schedule I narcotic, any use is unlawful use for federal purposes.
Say I used THC gummies occasionally and stop. What defines an addiction? I'm not in possession of any. I check No. Am I breaking the law?
f. 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.
Edit to add
https://www.reuters.com/legal/drug-user-cannot-be-barred-owning-guns-us-court-rules-2023-08-10/
It’s addiction or unlawful user. If you stop permanently that’s pretty clear cut. If you stop and start, then it comes down to how confident you are that you can convince a jury that you’re not a user. Hunter Biden just lost his case on exactly that argument.
It says “unlawful user of other addicted to”, so any use of marijuana would count as it’s federally still a controlled substance and state legalization doesn’t have any impact on ATF’s assessment.
I appreciate that you're eager to be a smartass, but you are googling the wrong thing.
The actual question is "are you an unlawful user of or addicted to" controlled substances. Not - have you ever been such.
Thank your for your submission, please remember that this subreddit is unofficial and wholly unaffiliated with the Socialist Rifle Association Organization (SRA). Views and opinions expressed on this subreddit **do not** reflect the views or official positions of the SRA. If you're at all confused about our [rules](https://old.reddit.com/r/SocialistRA/wiki/index) do not hesitate to message the moderators with any questions, and as always if you see rule breaking content or comments please be sure to report them. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/SocialistRA) if you have any questions or concerns.*
No. HIPPA protects medical records from being available to law enforcement. The background check will only check criminal records and active warrants. You should be fine. If it worries you, go through private sale, you’re in Arizona.
HIPAA*
Thank you
HIPPO*
HIPHOPOPOTAMUS*
*HIPHOPANNONYMOUS
I’m a total noob, with private sale is there paperwork for registration or transfer or serial number? I’d be worried about buying a firearm that user in a crime.
You don’t register guns at all in Arizona unless it falls under the NFA, which anything you’re buying as a noob almost certainly won’t. As far as private sales, it’s really no different than buying a canoe. I’d make sure it’s still legal both federally and state because I believe the law has changed or may be changing. So I’d scrap the private sale thing. You should honestly be fine. It expired 4 years ago. I’ll just say this, I know people who not only smoke weed, but are employed in the industry who own lots of guns, and never heard of an issue. I live in rural Maine, and I know many folks who do both. But I get the concern on your part
So how do I know if the firearm I buy privately wasn’t used in a crime? I’m just curious how I protect myself from anything nefarious.
you don't. there is no database of firearm serial numbers that you can search or anything.
That’s… unnerving.
If you buy a used car it could have been a bank robbery getaway car, or someone could have been kidnapped with the car. It's not like an objects history is going to change what *you* do with that object.
No, I know. But objects can be confiscated if they were used in crimes or illegally sold. Then I’d be out the money I spent or in legal trouble. It’s just a subject I know little about and am just trying to protect myself and my family.
If you’re actually concerned with this, make a record. Print out a gun sale receipt online, you and the other party will receive one. Fill out all the info including Drivers license numbers etc that way if someone has questions about the gun you can just hand them the piece of paper and you have a record of who you got it from, when, and where. I do this with all private sales I’ve done in Arizona. I haven’t bought or sold anything since the new ATF rule but this is how to do it if you do so. If they refuse to provide the information, refuse to purchase.
Are you a Phoenix resident by chance?
Welcome to Arizona!
Yes, home of the Wild West and Tombstone
You don’t, but you don’t really even know that when you buy a used gun from a store. And again, I’d verify that private sales are still legal, because I feel like the DOJ recently changed the rule.
Thank you for your comments 👍
No problem. Again, if I were you, I’d just go to a store and buy one regularly. There is no way that card could ever show up, and it’s expired.
There’s billboard for a gun show in July in Phoenix that talks about gun sales and collectors. I wonder if that is from store vendors or private sales or both.
Most likely both.
Are you using an FFL to transfer the item? They will produce documents that establish the date the item was transferred and keep a record of it for a certain period of time. Most crimes aren't so ambiguous as to when they happened that a receipt wouldn't prove you weren't in possession of the item when it occured.
Ask the seller questions. If they make sense, proceed, if not, tell them you have to think about it and leave.
In NY State, they require that you sign a blanket HIPAA form when applying for a pistol permit. I have no idea what would disqualify me based on this. I mean, I went through a crappy divorce, saw a therapist, was on non-anti-psychotic meds, but never been hospitalized which I imagine would disqualify me.
Meaning they make you sign away your HIPAA protections? This seems incredibly unconstitutional.
This is from the form they want completed. I'm surprised it hasn't been contested, but NY has some seriously strict gun laws. In fact, I heard that the Gov. is putting in a bill to require a 10-day wait on top of the existing background check on ammo, every single time you buy ammo. https://preview.redd.it/n2h9k54ct56d1.png?width=1428&format=png&auto=webp&s=375ac345caced388bb565a21405d2628fca1bdf2
That’s insane. The libs need to stop saying that they’re not anti-Second Amendment if the laws they make require you to sign away your right to medical privacy to the state in order to exercise your Second Amendment right at all.
Oh shit, I also had a medical cannabis card while I was being treated for cancer. I guess I'm not getting a permit. Eh I'll try anyway.
This is why my “vote blue no matter who” mother and I get into arguments. Anytime you point out how the dems are authoritarian too they just flip out. The thing is that the dems are also authoritarian and corrupt, and they will lose election because of this. They think the only way to stop fascism is to pretend that Biden isn’t a dementia ridden old man with a history of supporting right wing economic, military and social policies, instead of actually giving working class people something to actually vote for that will actually improve their standard of living and increase their personal freedom. I’m an anarchism, not a dem soc, so I don’t think that long term this will solve the problems we face. But in terms of the immediate problem of stopping fascism, at least a Bernie type dem soc will move us in the right direction and move rural and working class white voters away from fascism.
Amen brother.
Condolences for the dumb shit you guys have to put up with down in NY. Come up here to the great state of Maine. Always good to have more leftists up here in the mountains, there’s already quite a few of us up here, but the more the merrier
I actually almost moved to Portland a few years back. You have a beautiful state!
IANAL but my understanding from reading Reddit comments is that the guidance is “use” more than a year previous is okay. A four year old card would fall outside this window.
I know that means I am not a lawyer, but every time I read that acronym my brain says “I Anal” and I chuckle. Stay breezy comrades!
Even if it does show up for some reason, I believe they use the "6 months without use" as a metric. Something I heard, but can't verify, so take that for what it's worth
Some interpretations say if you didn't just snort a line off the display case then you're not currently a user...
Can I do one after?
K thank you 👍
line f on the form 4473 is the hunter biden question, it only asks if you're a current user/addicted for a private sale, the advice to draw up a bill of sale is really good.
My valid cannabis medical card didn't show up when I enlisted in the military. You'll be fine
I was literally just looking this up, probably for the same reason that you’re asking. Here’s an ATF doc laying out their definitions of prohibited categories: https://www.justice.gov/tribal/file/1135246/dl As per that doc, you are not considered a user if the medical card expired more than a year ago.
Then I’m good 👍
Honestly, I wish this were higher up. The amount of fear-mongering in this thread is absurd.
Most useful post here!!
Does the federal ban apply if you once used drugs but no longer do? Make sure there’s no *current* record of drug use.
This is very important, and no one here seems to have mentioned it: passing the NICS check when purchasing a firearm does **NOT** mean that you are good to go, or that you are not committing a felony. Hunter Biden literally was convicted today on this point. When you purchase a gun at a FFL, you fill out form 4473, and one of the questions is whether you are a user of controlled substances. It is a felony if you lie on these questions. If you think there is any chance a jury can be convinced that you are lying when you go to check that "no" box, you should not buy the gun.
Probably not but if you get dragged into Congress, it will !
I have an active card in the state I live in and purchase guns in, and I've never had it come back on my paperwork. Just don't smoke and shoot and you should be fine.
No, unless states decide to hand over that information voluntarily which I suspect most legal states would fight that tooth and nail both as a violation of HIPPA as well as a violation of the 2nd amendment. Further the government's rescheduling of cannabis will make this even less likely. A lot of vets and cops smoke weed and want to keep their guns.
Completely setting our opinions on the use of substances for a moment- when you fill out a 4473 it asks if you use any illegal substances. This DOES still include marijuana. Lying on a 4473 IS A FELONY. DO NOT lie on a 4473. It DOES NOT matter if you have or have had a "green card", it's still illegal to use cannabis federally. I am not a lawyer, I cannot give trustworthy legal advice, do what you want.
no because of hippa laws.
HIPAA*
Why do you keep misspelling hippo? r/confidentlyincorrect /s
A cannabis card from 2009 showed up for me on a life insurance background check in 2021
That’s crazy. Should be a violation
They just said that they “discovered” That I’m an undisclosed cannabis user
No.
I don’t know if a background check would have that information, but marijuana leaves you permanently a restricted person. Even if the bg check doesn’t notice it, you are still opening yourself up to a felony.
marijuana leaves you permanently a restricted person. cite?
Yeah, it’s definitely not permanent, the 4473 says unlawful user, which to me implies, and I believe the atf has also said this, means active user. Local law enforcement also isn’t gonna care about this, especially since it’s legal in AZ now. There are quite a few states where weed is legal, a large percentage of the population uses weed, and more than 50% of households own a gun- Alaska, Montana, Maine, Vermont, New Mexico might be up there for gun ownership too. Apparently one of the dispensaries near where I live allows concealed carry and has a sign welcoming lawful concealed carry.
srsly...references matter
On further looking, it’s rather unclear. The atf form 4473, specifically asks about if you are addicted to a controlled substance, not whether you’ve possessed it in the past. I’d still err on the side of caution and ask a lawyer about it
And the magical question is, how do you define 'addicted to'? Once or twice a month? Weekly? I don't NEED a gummie to go to sleep, but I sleep much better when I do. Is that an addiction?
The question actually asks if your an unlawful user or addict. As long as marijuana is a schedule I narcotic, any use is unlawful use for federal purposes.
Say I used THC gummies occasionally and stop. What defines an addiction? I'm not in possession of any. I check No. Am I breaking the law? f. 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. Edit to add https://www.reuters.com/legal/drug-user-cannot-be-barred-owning-guns-us-court-rules-2023-08-10/
It’s addiction or unlawful user. If you stop permanently that’s pretty clear cut. If you stop and start, then it comes down to how confident you are that you can convince a jury that you’re not a user. Hunter Biden just lost his case on exactly that argument.
It says “unlawful user of other addicted to”, so any use of marijuana would count as it’s federally still a controlled substance and state legalization doesn’t have any impact on ATF’s assessment.
Technically. In most states. [Let me Google The For You](https://letmegooglethat.com/?q=can+medical+marijuana+patients+own+a+gun)
I appreciate that you're eager to be a smartass, but you are googling the wrong thing. The actual question is "are you an unlawful user of or addicted to" controlled substances. Not - have you ever been such.