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View Full Version : Medical marijuana perscription and firearm ownership?


stockranger
02-05-2010, 7:57 AM
So I been wandering what the law is regarding medical marijuana and being able to own a gun. So the medical law allows you to posses and grow marijuana. You are otherwise a good citizen aloud to own a firearm in CA. Now you got drugs and guns sounds like a combination to send you to prison and or give up your rights.

Barbarossa
02-05-2010, 8:15 AM
I always enjoy reading these threads when they come up.

:popcorn:

stockranger
02-05-2010, 8:20 AM
i'm not the first idiot to think of this?

TonyM
02-05-2010, 8:28 AM
So I been wandering what the law is regarding medical marijuana and being able to own a gun. So the medical law allows you to posses and grow marijuana. You are otherwise a good citizen aloud to own a firearm in CA. Now you got drugs and guns sounds like a combination to send you to prison and or give up your rights.


Where have you been "wandering"?

Ponder this:

1. Look at 11e on the Federal form 4473 that you fill out to purchase a gun.
2. Ignore the State issues at the moment and think about how the Feds see the legality of medical marijuana.

thomasanelson
02-05-2010, 8:36 AM
General rule: Guns & drugs don't mix....even in CA. Funny how CA politicians will make something legal (guns & ammo) in the rest of the country, illegal here.....and make something illegal (pot) in the rest of the country, legal here.

stockranger
02-05-2010, 8:37 AM
Yeah I realize you sign your not addicted to dope.

obama loves pot and said he is stopping federal prosecution. I mean heck they are seriously looking at legalizeing pot. You know they wouldn't be getting this far with republicans running the show.

The form asked if you are ADDICTED to pot. It didn't ask if you take it for medicine. Just like are you addicted to oxycodone or are you a grandpa with a bum knee from too many years hunting that has a prescritption?

It would be easy to add a line to the federal form. do you have a medical marijuana perscription yet they haven't.

dustoff31
02-05-2010, 8:43 AM
i'm not the first idiot to think of this?

Unfortunately, no, you are not.

mtptwo
02-05-2010, 9:54 AM
Where have you been "wandering"?

Ponder this:

1. Look at 11e on the Federal form 4473 that you fill out to purchase a gun.
2. Ignore the State issues at the moment and think about how the Feds see the legality of medical marijuana.

Would anyone be dumb enough to answer honestly to 11e if they happened to use drugs............Yeah, now that I am thinking about it, I am pretty sure that people get 11e "wrong", as well as the other questions on the form. *sigh*

ArticleTheFourth
02-05-2010, 10:03 AM
What is the current version of Form 4473. I have a copy of 5300.9; is that the latest version?

ArticleTheFourth
02-05-2010, 10:09 AM
Originally Posted by stockranger
i'm not the first idiot to think of this?

Originally Posted by dustoff31 View Post
Unfortunately, no, you are not.

:rofl:

:whistling:

Ballistic043
02-05-2010, 10:16 AM
doesnt all this "read the fine print" stuff we've been teaching at calguns, apply to this circumstance as well? someone correct me if im wrong.

e. "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance"

obviously they are referring to present-tense and not past or future. theoretically, if you decide to do your first narcotic 6 months after truthfully filling out your form 4473, and at the time you really did not have drugs in your system, are you technically not lying on the form?? or are you??


wouldn't they have to prove that you actually had the drug in your system at the time of filling out the paperwork?

loather
02-05-2010, 10:28 AM
Yeah I realize you sign your not addicted to dope.

obama loves pot and said he is stopping federal prosecution. I mean heck they are seriously looking at legalizeing pot. You know they wouldn't be getting this far with republicans running the show.

The form asked if you are ADDICTED to pot. It didn't ask if you take it for medicine. Just like are you addicted to oxycodone or are you a grandpa with a bum knee from too many years hunting that has a prescritption?

It would be easy to add a line to the federal form. do you have a medical marijuana perscription yet they haven't.

ATF Form 4473 12(e) reads:
Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled
substance?

According to the Federal Government, by whom this form is issued, if you use marijuana you are using it unlawfully because it is still illegal at the Federal level. No ifs, ands, or buts about it. Medical marijuana is not legal at the Federal level (yet), so they're certainly not going to add a question to the form just for people in California.

Don't think for a second that just because the AG has said he will not investigate/raid medicinal marijuana institutions in California doesn't mean that federal drug charges won't be filed in addition to other charges you may be facing if you happen to do something stupid. Not pursuing is not equal to not enforcing.

Shotgun Man
02-05-2010, 10:32 AM
doesnt all this "read the fine print" stuff we've been teaching at calguns, apply to this circumstance as well? someone correct me if im wrong.

e. "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance"

obviously they are referring to present-tense and not past or future. theoretically, if you decide to do your first narcotic 6 months after truthfully filling out your form 4473, and at the time you really did not have drugs in your system, are you technically not lying on the form?? or are you??


wouldn't they have to prove that you actually had the drug in your system at the time of filling out the paperwork?

It depends on what the definition of "is" is. :)

Ballistic043
02-05-2010, 10:36 AM
where did i say is? im confused!!!

im talking about lying on the form, not other outside stuff like getting caught with pot and guns in the same house.

383green
02-05-2010, 10:43 AM
i'm not the first idiot to think of this?

You're not even the first person this week to think of it. (http://www.calguns.net/calgunforum/showthread.php?t=265821)

Vanguard
02-05-2010, 10:43 AM
http://archvillain.files.wordpress.com/2008/11/not-this-again.jpg

Shotgun Man
02-05-2010, 10:44 AM
where did i say is? im confused!!!

im talking about lying on the form, not other outside stuff like getting caught with pot and guns in the same house.

I was referring to the question "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance"

"Are you a user"-- well, I'm not smoking a joint as I'm filling out this form, so I'm not a user.

Bill Clinton used a similar technique to deny allegations that he lied about having sex with Monica Lewinsky.

bwiese
02-05-2010, 10:59 AM
So I been wandering what the law is regarding medical marijuana and being able to own a gun. So the medical law allows you to posses and grow marijuana. You are otherwise a good citizen aloud to own a firearm in CA. Now you got drugs and guns sounds like a combination to send you to prison and or give up your rights.

MMJ, while legal in itself in CA, is still illegal Federally. Period.

That's an 'unlawful user' on a 4473 form. If somehow illegal drug use were shown to have occurred proximate to signed affirmations on 4473, that could be big trouble. The words on the 4473 form were put there for a 'perjury trap' -- and combined with most MMJ folks' outspokenness on the subject and confusion over state vs. Fed law, I can see them talking themselves into jail (if they managed to wake up in the first place).

Also, possessing firearms while committing a crime is a very un-good thing. And it may (speaking a bit off the cuff here, not really worth my time to look into) be even applicable in CA - a state crime of being armed while committing a (Fed) crime, even if that Fed crime had no state analogue.

This conjoinment is not a rare thing. I'm aware of a Central Valley convenence store owner that was fairly recently popped for 'illegal weapons' - he was selling novelty throwing stars, batons or some other 12020PC nonsense felony. But he also had a 1911 under the counter, understandably, for store security. So he was popped for being a armed during a felony (approximate charge, don't remember exact wording). I have no idea how the case resolved, if charges were dropped/reduced, etc. But it just goes to show you....

nicki
02-05-2010, 1:03 PM
Since Obama says that he will let states administer Medical Marijuana, perhaps someone should ask him wheter that means that OFFICIALLY, the Justice Dept and the BATF will not prosecute people who comply with state medical marijuana programs.

I mean after all, should you lose gun rights because you are "Ill";)

Nicki

Window_Seat
02-05-2010, 3:48 PM
Hypothetically, supposing CA approves marijuana legalization, and then decides that they don't want the feds to intrude on their pot agenda, so they file 10A sovereignty legislation (I know, it WILL never happen here), and declare that pot grown here, sold here & smoked here is OURS, and the feds aren't invited. Can it be done for pot? How does it affect our gun laws with so many anti 2A regs on the books here? How would such a thing affect Incorporation? If it's been asked already, I'll go sit in the thinking chair.:shrug:

Erik

383green
02-05-2010, 3:51 PM
Hypothetically, supposing CA approves marijuana legalization, and then decides that they don't want the feds to intrude on their pot agenda, so they file 10A sovereignty legislation (I know, it WILL never happen here), and declare that pot grown here, sold here & smoked here is OURS, and the feds aren't invited. Can it be done for pot? How does it affect our gun laws with so many anti 2A regs on the books here? How would such a thing affect Incorporation?

Personally, I think it's too soon to say with any confidence how that might turn out. As I understand it, states have been just starting recently to attempt pushing back against the federal government on 10thA grounds (i.e., the "Made in Montana" gun laws and so forth), and we haven't seen the end results of those attempts yet.

gbp
02-05-2010, 3:54 PM
it alwaus amuses me when pot heads think they are on the right side of the law ,,,but verdally convict anyone who has a beer

Shotgun Man
02-05-2010, 3:56 PM
it alwaus amuses me when pot heads think they are on the right side of the law ,,,but verdally convict anyone who has a beer

"verdally"???

Have you been smoking?

gbp
02-05-2010, 4:09 PM
"verdally"???

Have you been smoking?

no typing in the dark

Shotgun Man
02-05-2010, 4:15 PM
no typing in the dark

typing in the dark while smoking weed!

j/k:)

gbp
02-05-2010, 4:18 PM
is there any other way LOL
you know we have to hide in the closet,
why are you trying to expose our weeknesses
are you the police
why am i so hungry
and who is that behind you?

AHHHHHHHHHHHhhhhhhhhhhhhh

AndrewMendez
02-05-2010, 4:25 PM
Nothing like banning where you can smoke, but legalizing this s***. How am I supposed to tell my daughter not to do it?

gbp
02-05-2010, 4:33 PM
Nothing like banning where you can smoke, but legalizing this s***. How am I supposed to tell my daughter not to do it?

same way i did
sever punishment will be applied until you conform
get her a job with any dot regulated industry (when she grows up)
she will learn quickly that it just doesn't fly no matter what the ftards try and portray

spddrcr
02-05-2010, 4:40 PM
Nothing like banning where you can smoke, but legalizing this s***. How am I supposed to tell my daughter not to do it?

it's quite easy actually, tell her not to do it:rolleyes: