The gun store did not have to sell her the firearm. But it could have. A different gun store may.
I agree that she could go to another gun store and buy a gun. They have no way to look up if she has a MMJ card.
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The gun store did not have to sell her the firearm. But it could have. A different gun store may.
I agree that she could go to another gun store and buy a gun. They have no way to look up if she has a MMJ card.
If they knew they could sell her a gun lawfully
Can they? 2nd to last paragraph. Serious question, not arguing here.
https://www.atf.gov/file/60211/download
Agree on the FTF. Not sure about from the ffl.Or she could buy one FTF. Because having a MJ/card does not make you a prohibited person.
Or she could buy one FTF. Because having a MJ/card does not make you a prohibited person.
True, the letter says they cannot sell. But it's just a letter.
The 2nd to last paragraph of the link I posted states the ffl must not transfer the firearm if he knows the buyer holds a MMJ card. That document is why the ffl didn't transfer the firearm to her and the court upheld that decision. I seriously don't know what I am missing.
Language from this link seems to says ignoring the letter could result in a felony conviction and 10years in jail..
Everyone else can though.
Looks like it does in the 9th circuit though
No it does not. This is what I was explaining to Recoil. The Case law decision is about what the FFL does, the Case Law does not make her a PP.
No they cannot, if they are aware of the MMJ card
A person knowingly selling a gun to a MMJ card holder could be arrested and prosecuted under 922 d. And probably convicted
Yes but I am talking about whether she is PP or not, not "what someone knows".
SHE isnt must most MMJ card holders are. And the seller could be found guilty either way
Another reason not to have BOS!
I wonder if we will see a second case to address Card holder possession of existing firearm.
Good chance the drug is rescheduled before that ever happens.