Don’t Register Your Guns: Hawaii Just Became The Next Example Why NOT To Register Guns You OwnReader12/07/2017 (Thu) 15:06:10 Id: d86b14No.4179del
If we needed yet another demonstration that getting yourself on the government's radar is just a bad idea, Hawaii handed it to us in spades last week. That's when we learned that the Honolulu Police Department was putting the screws to people so honest—and trusting—as to comply with state laws requiring registration of certain goods and activities. They shouldn't have been so honest and trusting.
Like too many jurisdictions, Hawaii requires gun owners to register their firearms. Also like an excess of other control-freaky places, the state requires medical marijuana users to register themselves with the state Department of Health. As it turns out, those who dutifully abide by both requirements find themselves in trouble. Hawaii may allow the use of marijuana for medicinal uses, and even require registration of its users, but the state continues to regard the practice as a violation of federal law. As a result, Honolulu residents who legally complied with requirements that they enter themselves in both registries have received threatening letters signed by officials including Honolulu Police Chief Susan Ballard. These letters read, in part:
"Your medical marijuana use disqualifies you from ownership of firearms and ammunition. If you currently own or have any firearms, you have 30 days upon receipt of this letter to voluntarily surrender your firearms, permit and ammunition to the Honolulu Police Department or otherwise transfer ownership."
Federal law restricts the possession of firearms by anybody who is an "unlawful user of or addicted to any controlled substance," and marijuana remains a controlled substance according to the folks in D.C. That's enough of an excuse for Honolulu police officials to try to disarm locals who've done their best to abide by state gun and marijuana laws.
But it's not just a Hawaii problem. As Jacob Sullum previously noted, "Last year the U.S. Court of Appeals for the 9th Circuit, which includes Hawaii, upheld the ATF's policy of banning gun sales to people who are known to have medical marijuana cards, even if they do not currently consume cannabis." So putting your name on a medical marijuana registry anywhere has the potential to make it more difficult to legally buy a firearm.
Actually, entering your information into a medical marijuana registry can put a red flag next to your name in so many ways. Colorado marijuana patients have been surprised during traffic stops to discover that cops knew they were registered users. Cops are supposed to have access to the registry only under limited circumstances, but the data has obviously been shared more widely than many people envisioned. Even so, the state's Board of Health rejected a petition to block sharing of registry information with law enforcement, with the head of the board insisting, "We don't know that we are doing anything wrong."
The same issue developed in Oregon, where a 2012 news report noted that "Law enforcement ran more than 20,000 queries on potential patients and grow sites from March through October of this year." Unlike Colorado, Oregon deliberately gave police open access to the medical marijuana registry, and they apparently browsed it at will—at least until the courts gave them a slap. In 2010, a state judge told cops to stop running concealed carry permit applicants' names through the system, saying "the statute does not authorize the use of database information for purposes of helping to determine whether an individual uses, or may use, marijuana."
Complaints about police in Colorado and Oregon browsing marijuana registries for excuses to hassle people seem to have subsided in recent years, perhaps because both states have legalized recreational use, which does not require people to put their names on lists that officials can easily peruse.