Delaware Concealed Carry Forum

State News & Gun News => Delaware News => Topic started by: MarcWinkman on April 26, 2017, 01:42:26 PM

Title: Guns and Decriminalized Marijuana
Post by: MarcWinkman on April 26, 2017, 01:42:26 PM
Well in further evidence that our elected legislators in the State aren't exactly the sharpest knives in the proverbial drawer, I direct you to the front page of today's News Journal.  Apparently it never dawned on them when passing the marijuana decriminalization statute two years that Section 1448(a)(9) of Title 11 specifically prohibits the possession of a semi-automatic or automatic firearm, or any handgun while also possessing any quantity of a controlled substance. 

That said, I'm of the opinions that (1) marijuana should not have been decriminalized in any fashion as it is still a controlled dangerous substance under Title 21 of the U.S. Code; and (2) unlawful controlled substances and firearms should be mutually exclusive when it comes to contemporaneous possession.  But, hey, what do I know?
Title: Re: Guns and Decriminalized Marijuana
Post by: Cbmarine on April 26, 2017, 04:08:17 PM
Or maybe the legislators reckoned that we wouldn't understand that if we toke that they will come and take ?
Title: Re: Guns and Decriminalized Marijuana
Post by: MarcWinkman on April 26, 2017, 07:41:29 PM
Or maybe the legislators reckoned that we wouldn't understand that if we toke that they will come and take ?

Also a possibility.
Title: Re: Guns and Decriminalized Marijuana
Post by: oldgraygeek on April 26, 2017, 09:59:21 PM
I think weed should be legal, and I've visited Colorado a few times since it became legal... but Joe Hurley warned me about this.
It's still a felony for us here in Delaware, and I don't do felonies.
Title: Re: Guns and Decriminalized Marijuana
Post by: MarkB on April 27, 2017, 12:35:27 AM
I think weed should be legal, and I've visited Colorado a few times since it became legal... but Joe Hurley warned me about this.
It's still a felony for us here in Delaware, and I don't do felonies.

It may be legal in Colorado but it still is a Federal violation.  ATF recently added a line on the transfer form about this and a yes for use will get you turned down.