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stonedboss
05-07-2010, 6:53 PM
So last weekend I got busted for having marijuana. I do not have court until the 24th, and I am really hoping that the judge will dismiss the case. However, if he doesn't, I will be charged with a misdemeanor for possession. Does anyone know if this will affect my gun ownership rights? I've been reading a lot, and have only found that you cannot own a gun if you are addicted to a drug, or if you are convicted of a crime for a dangerous drug. I know marijuana is a schedule 1 drug just as hard drugs, but the punishment for possession is just a misdemeanor, whilst for the other drugs under schedule 1 possession is a felony. If anyone knows the answer to this, the help would be greatly appreciated.
PS- I currently own a rimfire rifle

ivsamhell
05-07-2010, 8:14 PM
http://www.calguns.net/calgunforum/showthread.php?t=285629

this guy lost his rights for having a medical card. so basically you may lose your rights over it.

MP301
05-07-2010, 9:19 PM
How much did you have? In CA, if its less then an ounce IIRC, it's pretty much an infraction I thought? Im curious as to what jurisdiction you were in that they took the time to actually jam you up if it were a small amount...how much did you have and what were you doing....what were the circumstances? It might make a difference in the end result...

Ron-Solo
05-07-2010, 9:54 PM
Quit smoking dope.............

a1c
05-07-2010, 10:23 PM
You didn't ask your attorney about this?

Please tell me you do have an attorney. Right?

paul0660
05-07-2010, 10:29 PM
Quit smoking dope.............

Fire up the wayback machine, Ron Solo.

Dumb post of the week.

stonedboss
05-07-2010, 10:36 PM
How much did you have? In CA, if its less then an ounce IIRC, it's pretty much an infraction I thought? Im curious as to what jurisdiction you were in that they took the time to actually jam you up if it were a small amount...how much did you have and what were you doing....what were the circumstances? It might make a difference in the end result...

I had ~15 grams on me. In CA, it isnt a big deal unless you have over 28.5 grams(just over an ounce), but having any at all is still a misdemeanor. This all happened in San Joaquin County. Well long story short, we were just in my friend's car and the cops detained us for "looking suspicious", and because I was both just scared and shocked, and I had never been given advice on dealing with that type of situation, I let him trick me into telling him there was weed in the car.
If I do get convicted and it does make it unlawful for me to own a gun, can I just transfer the gun ownership of my rifle to someone else?

Edit:
You didn't ask your attorney about this?

Please tell me you do have an attorney. Right?

yeah, i do have an attorney. i am only 18 though and going to school full time right now, so my parents are still my finances and they are the ones hiring the attorney. my mom is very anti-guns, and id rather not bring up gun ownership in a meeting with my attorney and my mom.

berto
05-07-2010, 10:41 PM
yeah, i do have an attorney. i am only 18 though and going to school full time right now, so my parents are still my finances and they are the ones hiring the attorney. my mom is very anti-guns, and id rather not bring up gun ownership in a meeting with my attorney and my mom.

If you're serious about maintaining your firearms rights you need to make sure your atty is on the same page. Your mom doesn't need to be and shouldn't be privy to your discussions with your atty.

deebix
05-07-2010, 11:19 PM
I had the same thing happen however in my case i had a medical rec. Go find a phone book, and lawyer up with someone who has a larger ad than most and seasoned with the particular court you are heading to on the 24th. Have your lawyer ask on your behalf to the DA if you could take a drug rehab class (usually 8 hours) and be sure to provide a means of showing you are an upstanding citizen. If agreed to, you aren't as in deep crap is you may believe. However if you dont get along with the DA, its basically up to the judge to offer any leniency. Lastly, you better hope it was under an ounce and you didnt have a roll of 100 dolla bills in your back poket. STFU on here =)

GrizzlyGuy
05-08-2010, 10:32 AM
What is the penal code section number that you were charged with? 12021 (http://law.onecle.com/california/penal/12021.html) lists the misdemeanors that are prohibiting, and the DOJ's document (linked to from here (http://wiki.calgunsfoundation.org/index.php/FAQ#How_can_I_find_out_if_I.27m_eligible_to_purcha se_or_possess_a_firearm.3F)) provides a nice summary.

P.S. - Be sure to vote Gary Johnson for President in 2012 (http://www.johnsonforamerica.com/). Prohibition didn't work for alcohol and it's not working for marijuana.

Big Jake
05-08-2010, 11:48 AM
Quit smoking dope.............

Seems simple enough! :TFH:

bwiese
05-08-2010, 12:16 PM
While the charges themselves are not disabling under state law, they are an indicator of Fed issues.

The 4473 forms you'e completed in the past ask,

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

Sounds to me like you perjured yourself.

I agree that the drug war is lost and that 'drug warriors' have helped vastly reduce our civil rights. But it also does Calguns and the gun owner image in CA zero political good for potheads to be asking about owning guns, or encouraging them to do so.