ATF Targeting Arkansas Carry Permit Over Medical Marijuana
This Could Change DC Politics (Ep. 2104)
Summary
Transcript
The ATF has put Arkansas on notice over its concealed carry handgun license, saying that if Arkansas doesn’t answer some questions immediately and change some things related to who gets that permit, then ATF’s gonna remove a pretty decent Attaboy when you get that license, and that’s avoid the NYX check. You’re going to want to pay attention to this one. No sponsor today. I just want to say thank you.
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If you haven’t heard me say your name, you haven’t won, Jack. So don’t fall for it. Let’s go to Arkansas. All right, before I jump into Arkansas, because there’s something else that’s playing into this, two years ago, I did a video when Nikki Fried, who was then a politician in Florida, she was part of the Agriculture. She was the Department of Agriculture, and that department runs the concealed carry permits in Florida.
Well, Nikki Fried, in an attempt to run for governor, decided she was going to sue the Biden administration. She’s a bleeding heart liberal Democrat. She wanted to sue the Biden administration because she said the prohibitions against marijuana usage in the 44 73 and the next check is an unconstitutional violation of the Second Amendment for people who happen to smoke marijuana. And I agree. However, Nikki Fried was doing it for other reasons.
Her boyfriend, I think they’re married now, but he’s the biggest or the second biggest owner of marijuana dispensaries in the state. So she was obviously doing it to increase business and stuff like that. But nonetheless, yesterday, Thursday, the 11th Circuit three judge panel heard that case. So we’ll see where that case goes. But that plays into this because Arkansas allows medical marijuana users allows it’s the friggin right, but it allows medical marijuana users to get concealed carry handgun permits.
And when you have a concealed carry handgun license, I think it’s what it’s called in Arkansas. You do not have to go through the nix check. It’s used in lieu of and there’s a few states that do that. But the ATF said if you don’t change that, then you’re going to lose the ability to circumvent the nix check, which would affect a lot of people in that state, not just the marijuana smokers or the medical marijuana smokers, but those people who just use their permit to go around the NYX check.
Check this letter out. The ATF just sent to Arkansas the other day. We’ll be right back and we’ll talk about it. This was sent to Rick Stallings, the operations director in the Division of Arkansas Crime Information in the department of Public Safety says mr. Stallings, this letter is to inform you that the Bureau of Alcohol, Tobacco, Firearms and Explosives has public safety concerns regarding the administration of Arkansas’concealed handgun carry license.
The CHCL is currently recognized as an alternative to completing a background check through the National Instacriminal Background Check System, or called Nix. ATF is concerned that the issuance of the CHCL to individuals who are prohibited by federal law from possession of firearms creates an unacceptable risk of placing firearms in the hands of prohibited persons. In particular, Arkansas state law may provide federally prohibited medical marijuana users the ability to obtain a CHCL issued by the Director of the Division of Arkansas State Police.
The CHCL can then be used to acquire a firearm from a federal firearms licensee despite the federal prohibition and without an additional background check being conducted at the point of sale. The permanent provisions of the Brady Act took effect on November 30, 1998, and generally require FFLs to initiate a Nix check before transferring a firearm to an unlicensed person. However, the Brady Act contains exemptions to the Nix check requirement, including an exemption for holders of certain state permits to possess, carry, or acquire firearms.
The law and the implementing regulations provide that permits issued within the past five years may be used as alternatives to Nix check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must deny a permit to anyone prohibited from possessing firearms under federal, state, or local law. C. 18 USC. 922 tango three and 27 CFR. Section 478 102. In 1999, ATF evaluated the CHCL permit issued in Arkansas and determined concealed weapons.
Permits issued on or after April 1, 999, qualify as reflected on the ATF Permanent Brady Permit Chart. Arkansas has previously been advised on the federal denial criteria concerning controlled substances. In March of 2023, the Federal Bureau of Investigation Criminal Justice Information Services Division conducted an audit of Arkansas’s NYX alternate permit process. The audit resulted in no findings acquiring corrective action. On April 29, 2023, a letter was mailed to you indicating these results.
The letter included supplemental audit documents and a Policy Reference Guide. As noted in the Policy Reference Guide, federal denial criteria include controlled substance users, which is defined as an unlawful user of or addicted to any controlled substance, as defined in section 109 of the Controlled Substances Act 21 USC. Section eight two and 18 USC. 922 G three. Additionally, ATF has provided information to the public on the use of medical marijuana.
In 2011, ATF sent an open letter to all FFLs advising them that regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, marijuana is a schedule One controlled substance and therefore a person. Who uses or is addicted to marijuana, is an unlawful user of or addicted to a controlled substance and is prohibited by federal law from possessing firearms and ammunition. On April twelveTH of 2023, arkansas House Bill 1784, an act to amend the law concerning concealed handguns to protect the rights of medical marijuana patients and caregivers to obtain a license to carry a concealed handgun and for other purposes, was signed into law.
The enactment of House Bill 1784 amended Arkansas code section 57339 concerning the requirements for obtaining a concealed carry license to read that a license shall be issued if, among other things, the applicant is not prohibited from receiving possessing or transporting a firearm by any federal, state or local law, but provided that the director shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas medical marijuana amendment of 2016.
Arkansas Constitution amendment 98, section two, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter, in addition to prohibiting the Director of the Division of Arkansas State Police from considering a person’s status as a qualifying patient or caregiver. The act further prohibits the Department of Health from disclosing the identity of a person who has been issued a registry identification card to the Division of Arkansas State Police.
For the purpose of facilitating a criminal History record check or any other background check related to the issuance of a license to carry a concealed handgun under Arkansas code. Based on the potential implications of House Bill 1784, ATF respectfully requests written clarification of Arkansas law and policy for the following issues within 30 days of your receipt of this letter one. How does Arkansas ensure all current CHCL holders and applicants are not controlled substance users, including users of medical marijuana? Two, arkansas Code restricts the Director of the Division of Arkansas State Police from considering a person’s status as a medical marijuana patient and determining eligibility for a CHCL.
How does Arkansas reconcile this provision of state law with the Federal prohibition on firearms possession by individuals who are unlawful users of or addicted to any Title 21 controlled substance which includes marijuana? If Arkansas law does not require authorized state officials to confirm that an individual is not a controlled substance user, then federally prohibited marijuana users may obtain firearms using the CHCL. If ATF does not receive a response to the above issues, ATF will re evaluate the Arkansas CHCL as an alternative permit.
As a result of that process, ATF may determine an Arkansas CHCL no longer qualifies as an alternate to the NYX check requirement. We appreciate your prompt attention to this important public safety matter. Your assistance is crucial in ensuring the potentially dangerous individuals are not acquiring firearms. If you need any further assistance or guidance, please do not hesitate to contact me. This is Mariana Mitchum, the chief of the Firearms and Explosives Industry Division.
So ATF is hot on the caller or around the collar or under the caller regarding Arkansas, saying, hey, you know what? People who have medicinal issues, they’re not really problems, and they can still have their rights we’re not going to strip away their rights. And you know what, there’s also no text history or tradition of taking away someone’s, right? Because most of the colonists around the time of the revolution and when 1791, when the Second Amendment was adopted, they drank regularly, some of them, while carrying guns.
They were hemp farmers. They utilized stuff, right? So the ATF is pissed off at Arkansas, but they’re not pissed off at Hunter Biden. I guess it’s okay to smoke crack but not weed. We’ll see, right? So 922 G, the prohibited persons part, when it comes to firearms federally, that’s being just ripped apart by the Bruin decision, right? We have everybody up in arms on the anti gun side because the Rahimi decision is being heard by the Supreme Court here very shortly.
And that has to do with people being federally prohibited from firearms because they had a civil restraining order put on them. Not convicted of a crime, not even charged with a crime, just someone called the cops and said something and had a civil restraining order put on them. People shouldn’t lose their rights off of allegations. And that’s the crux behind that story. That case here, if you happen to use medical marijuana, say before bed and you wake up the next day and you want to conceal carry to keep yourself safe, you’re no longer under the effects of that gummy or whatever, you’re not high.
So these laws look to strip you of your rights all the time, even if you’re not using said prescribed medicine. So this is a big fight. We got Florida, the 11th Circuit, just heard the case from Florida, nikki Fried. We got Arkansas being barked at by ATF. Nobody is doing anything about Hunter biden. It’s just bullshit. It’s just bullshit. What do you guys and gals think down below? I’ll tell you what, if you live in Arkansas and you don’t have medical marijuana, a license for medical, medical marijuana, and the ATF does this, they follow through with what they’re threatening to do.
You’ll have to fill out 44, go through the Nick’s background check system. If you live in Arkansas, let me know. What do you think of this whole scenario? It’s your state. Let us know down below. Schedule one’s, a serious schedule like we’ll see what happens. Don’t forget the Democrats, Chuck Schumer, the video is right here floating above. They’re dangling the Second Amendment fruit of, hey, you know what? We’re going to do this for medical marijuana users.
So everything’s happening at the same time and there’s a reason for it, we just don’t know what it is yet. You got the Senate saying, hey, give us this thing and we’re going to give you this, this little two A marijuana fruit ATFs going to Arkansas saying you can’t do that, never mind the medical marijuana fruit. Then you have a Biden fruit who smokes crack and buys guns and lies on his 44 73 and then throws the gun in a dumpster.
But he’s okay. What do you guys think down below? Let me know. I’ll see you all in the next one. Till we see each other again, be safe, stay vigilant and carry a gun to keep you, your friends, your family, your community safe. That’s what it’s for. Doesn’t matter what anybody’s feelings say. Our forefathers died to give us that right? So that what they went through doesn’t happen again.
And some would say that this government’s already worse than King George was. Let me know. Take care. .
