Although Pennsylvania Governor Tom Wolf recently declared that “[w]e won’t take gun away” from medical marijuana users, the Pennsylvania State Police (“PSP”) has not received the memo, as we have seen several instances where individuals who merely obtained a medical marijuana card – in the absence of actual use – have been denied by the PSP.
Specifically, starting in at least early December, the PSP began placing individuals who are medical marijuana licensees into “undetermined status,” when they attempted to purchase a firearm. If the individual challenged the determination through a Pennsylvania Instant Check System Challenge, the PSP responds that the basis is that the individual is a “Current Medical Marijuana Card Holder.”
This obviously begs the question of how this information came into the possession of the PSP, since pursuant to Pennsylvania’s Medical Marijuana Act, 35 P.S. § 10231.101, et seq., and more specifically, 35 P.S. § 10231.302, all patient applicant information is confidential and not subject to disclosure. Furthermore, the implementing regulation relating to the confidentiality provision, 28 Pa. Code § 1141.22, explicitly states that “[t]he name or other personal identifying information of a patient … who applies for or is issued an identification card” is confidential and “will not otherwise be released to a person unless pursuant to court order.” As the application is submitted to the Pennsylvania Department of Health, only the Department of Health should have access to this information, absent a court order.
As I am sure litigation will ensue, we just may find out, at some point, how the PSP obtained this confidential information.
If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
2 thoughts on “PSP is Denying Firearm Purchases for Medical Marijuana Card Holders, even after Governor Wolf stated that “We Won’t Take Guns Away””
at what point has the right to privacy disappeared? I seem to remember having to sign legal disclosure forms for ANYONE to access my medical files. Have the PSP broken the law?