Guns or medical marijuana? Patients may have to choose

TALLAHASSEE, Fla. (CAPITOL NEWS SERVICE) - Every gun buyer fills out the Bureau of Alcohol, Tobacco, Firearms, and Explosive's form 4473. It asks nine questions about your life like if you're under indictment, have been convicted of stalking, a fugitive from justice, or mentally defective?

Question 11E asks if you are an unlawful user of, or addicted to marijuana. It comes with this warning: Marijuana is still illegal under Federal law, no matter what your state has done.

Gun dealers say a person legally prescribed marijuana and telling the truth would not be sold a gun.

"If you check box 11E, basically it rejects my form, and I don't allow you to purchase a gun," said Jaime Chamberlain, a gun dealer.

It's not a problem gun dealer Mark Folmar has had to deal with since the warning was added last October.

"I'm sure it's going to come up sometime, but so far it hasn't come up," said Folmar.

ATF confirms what the gun dealers are telling us, is correct.

Medical Marijuana Guru John Morgan told us the Federal law is stopping real progress, predicting the NRA would become pro-medical marijuana at the federal level.

Marijuana Advocate Taylor Biehl says patients shouldn't have to give up their rights.

"If they legally are accessing medicine to treat their debilitating diseases, they now could possibly forfeit their right to bear arms," said Biehl.

The names of marijuana patients in Florida is confidential. We've asked the Department of Law Enforcement if they plan to check that database against gun purchase applications. They've yet to get back with us.