Thursday, March 9, 2017

The people are sovereign!

The Maine legislature will be holding a public comments session next friday, the 17th in Augusta, regarding the following proposed bill: "An act to change the oversight Agency for Recreational Marijuana from the Dept of Agriculture, Conservation and Forestry to the Department of Administration and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations and to allocate Funds for Implementation". From the website, of Medical Marijuana Caregivers of Maine, you can email the committee clerk if you aren't attending but want to comment... I did. 

People in states that allow either recreational or medical marijuana use are going to face big problems from the new form 4473, which apparently makes it a crime to purchase a gun if you use marijuana. I asked in my email to the legislative committee: "If marijuana users aren't allowed to purchase guns, doesn't that mean that if a marijuana user already owns one, he/she would have to dispose of it, or law enforcement could take it away?" I provided a link to a Portland Press story about the new form 4473. In my email, I mentioned the U.S. Supreme Court decision Alden v. Maine, and quoted from it: "the original understanding of the Constitution's structure and the terms of the tenth amendment confirm that states retained much of their sovereignty despite their agreeing that the national government would be supreme when exercising its enumerated powers."

So, law-abiding citizens who turn in their guns, or don't purchase them because of this new question on the form 4473, will be helpless against the real criminals. Anyone can get a gun, whether it be through a friend, or through a failed background check as shown below. Pete had been labeled a felon, due to a conviction in 1981, but was still approved.






Thursday, March 2, 2017

New Form 4473 says pot smokers cannot purchase guns!

I was cleaning out paperwork and found a Form 4473, that Pete had filled out about 13 years ago at KMart; he had passed this background check and purchased a gun, there, and at other licensed gun dealers in Maine! Maine Game Wardens should never have seized OUR guns, purchased during OUR marriage. I had asked for Intervenor status as well as for there to be a hearing to challenge the search warrant...it's called a Frank's hearing. It was scheduled back in 2013, but I was never notified of the hearing date by the court, so I didn't appear. And since Pete had wanted to get things over with, and had agreed to a plea bargain, neither he or his attorney showed, and the motion was dismissed.  

When I was researching about the form 4473, I read that the new form has a question on it, 11.e., which asks the applicant about marijuana use. Despite that your state may have legalized it for recreational use, or even if you have been prescribed marijuana for medical use, you will not be able to legally purchase a gun. Here's a link to the form Firearms Transaction Record, that was revised in October of 2016 and has been in use since mid January 2017.