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View Full Version : When and How do you retrieve your guns from the police


Civilitant
12-31-2010, 5:47 PM
I have been stripped of all my legally purchased guns because I am a medical cannabis patient. After much hesitation and uneventful searches I post here to see if there are any calgunners with insight into these matters...

google search was wide varying and full of crap.. it resulted in everything from pot growers in norcal shooting people performing home invasions on them and not being arrested to someone doing time and loosing their 2a Rights for possesion with intent to sell of 30 grams did not say if either had a physicians rec for Cannabis in CA

For the record Escondido is not super friendly to the Millions of responsible people who make the SAFER choice to medicate with plants not pills and powder.


for additional fuel on the fire... What of this new law going into effect Jan 1 Cannabis possession under an ounce being like a parking ticket... I am sure they will still arrest people and disarm them for pot. not parking tickets.

N6ATF
12-31-2010, 6:15 PM
http://www.calgunsfoundation.org/index.php/hotline

jtmkinsd
12-31-2010, 6:17 PM
I have been stripped of all my legally purchased guns because I am a medical cannabis patient. After much hesitation and uneventful searches I post here to see if there are any calgunners with insight into these matters...

google search was wide varying and full of crap.. it resulted in everything from pot growers in norcal shooting people performing home invasions on them and not being arrested to someone doing time and loosing their 2a Rights for possesion with intent to sell of 30 grams did not say if either had a physicians rec for Cannabis in CA

For the record Escondido is not super friendly to the Millions of responsible people who make the SAFER choice to medicate with plants not pills and powder.


for additional fuel on the fire... What of this new law going into effect Jan 1 Cannabis possession under an ounce being like a parking ticket... I am sure they will still arrest people and disarm them for pot. not parking tickets.

You will not be able to have your guns back any time soon. The Feds do not care about your prescription...as long as you answer "yes" to question 11-e, you are a prohibited person. Remember, it's a Federal form, so even though CA law may say you can use, Federally, you are a criminal.

GrizzlyGuy
12-31-2010, 6:47 PM
jtmkinsd is correct, and that's true even if you don't check any boxes on a form, or even fill out a form. See here:

The Second Amendment and People with Medical Marijuana User Cards (http://volokh.com/2010/03/31/the-second-amendment-and-people-with-medical-marijuana-user-cards/)

The short answer is that you cannot get your guns back, nor own/possess/purchase any guns, as long as you are an active user of MJ. This sucks and I don't agree with the law, but that's the law.

You may be able to assign power of attorney to someone else who can claim and sell your guns for you, but I don't know. That's above my pay grade and hopefully one of the gun transfer experts will be along to add more info.

jtmkinsd
12-31-2010, 8:40 PM
Power of Attorney is not really needed.

One option you have is to find someone willing to take possession of your firearms. This would entail you finding an FFL who will pick up your firearms from the Police Department, and transfer them via PPT from you to the other individual. There will be an extra charge for the service of picking up the firearms added to the transfer fee. Get a friend or relative who will take your guns (preferrably one that doesn't smoke pot :D), then get in touch with an FFL close to you who offers this service and go from there.

Civilitant
12-31-2010, 10:30 PM
What if the case is dismissed due to illegal search and seizure? I believe one can say the smell of cannabis coming from a private residence is not evidence of a crime in a Medical Cannabis State.

My understanding is that arrests will not prevent one from owning a firearm only a conviction will, sorry of I am off base here i can not cite where I am getting that info. I have been reading a lot today...


Thank you for the insight regarding a relative (who is not a cannabis user) and a FFL providing a pickup service. Much appreciated info I will look into further.

jtmkinsd
12-31-2010, 10:38 PM
What if the case is dismissed due to illegal search and seizure? I believe one can say the smell of cannabis coming from a private residence is not evidence of a crime in a Medical Cannabis State.

My understanding is that arrests will not prevent one from owning a firearm only a conviction will, sorry of I am off base here i can not cite where I am getting that info. I have been reading a lot today...


Thank you for the insight regarding a relative (who is not a cannabis user) and a FFL providing a pickup service. Much appreciated info I will look into further.

These questions would be better answered by competent legal counsel...I would suggest you contact CGF here: Calguns Foundation (http://www.calgunsfoundation.org/index.php/hotline)

bigcalidave
01-01-2011, 2:27 AM
Am I missing something ? How can anyone try to give advice without any details ?? What's the situation ?

CavTrooper
01-01-2011, 2:35 AM
The crime isnt whatever you think will get dismissed for illegal search, its that fact that you are an admitted unlawful user of marijuana. The state of california may consider the weeds appropriate medical for your recurring ingrown toenail pain, however, the feds consider it illegal. Until they change thier mind you are still a criminal in possesion of firearms, purchasing firearms illegally, and whatever kind other charges they decide they want to throw at you.

CavTrooper
01-01-2011, 2:36 AM
http://www.calgunsfoundation.org/index.php/hotline

I hope not.

dustoff31
01-01-2011, 6:47 AM
I hope not.

IIRC, the powers that be said they were not particulary interested in such things.