Honolulu Police Back off Order for Medical Marijuana Users to Turn in Guns

The Honolulu Police Department has told legal marijuana users who own guns that they must turn in their weapons within 30 days.

In a letter to about 30 medical marijuana card holders on Oahu, the police said “you have 30 days upon receipt of this letter to voluntarily surrender your firearms.” Police have been sending the letters since at least January.

The United States Bureau of Alcohol, Tobacco, Firearms, and Explosive issued a letter in 2011 finding that medical marijuana users may not legally possess firearms or ammunition under federal law. The Supreme Court has ruled that states are not required to use their resources to enforce Federal law. It is not clear if Hawaii law prohibits medical marijuana users form possessing firearms or ammunition. Hawaii law requires that a person who applies for a firearms permit must include a release to the police of your medical history. Doctors are required to release any mental health information that is pertinent.

The use of medical databases to confiscate firearms has been controversial. The Honolulu Police have retracted their confiscation letter in order to study the issue. From civilbeat.org: 

The department said that it won’t ask medical marijuana patients to give up their guns while it consults with other government agencies and reviews recent court rulings.

“This is a new area of concern for cities across the country, and we in Honolulu want to develop a policy that’s legally sound and serves our community,” said new Police Chief Susan Ballard in the release. “Formulating the policy will take time, but we want to do it right.”

Carl Bergquist from Drug Policy Forum of Hawaii, an organization that advocates for the legalization of marijuana, said Tuesday he wonders why the agency is going to continue denying gun permits to medical cannabis license holders.

“The denial in the first place doesn’t seem to be based on any particular sound policy reasoning,” Bergquist said.

The Honolulu police are currently refusing to grant permits for the possession of guns to those who are medical marijuana users.

Hawaii is one of the few states that require all new firearms in the state to be registered with the police.  You have to apply to the police to purchase a handgun. If you are approved, the permit to purchase is good for 10 days. Permits to purchase long guns are good for a year. Long guns owned before July 1, 1994 are grandfathered and need not be registered. Any firearms transfers in the state since 1994 are required to go through the registration process.

Hawaii is in the Ninth Circuit Court of Appeals, which has upheld most infringements on the Second Amendment.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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