PDA

View Full Version : one arrested for assault weapons,marijuana


JGPena
01-30-2011, 2:22 PM
possesers of unregistered banned "assault weapons" be very aware and take it very seriously. If you have one, you may want to think twice about keeping it. The possibility of SWAT knocking down your door is very real.

http://www.altadenablog.com/2011/01/one-arrested-for-assault-weapons-marijuana.html

Gio
01-30-2011, 2:26 PM
How is this really news to our CA 2A Rights? First off you should not mix drugs and guns. If you are not doing anything wrong then why do I need to worry about SWAT knocking on my door and raiding my house? Just common sense there, the 2A does not apply to Felons that surround themselves with Narcotics or Violent Felons. It is the chance you take as a criminal, play stupid games and win stupid prizes!

Shiboleth
01-30-2011, 2:28 PM
Hm, acting on a tip... Is that all it takes for the 4a to go by by?

JGPena
01-30-2011, 2:39 PM
Gio, I agree, the guy was definitely asking for it, but the police acting on a tip is more what got my attention

Gio
01-30-2011, 2:45 PM
Gio, I agree, the guy was definitely asking for it, but the police acting on a tip is more what got my attention

That's another reason why I try to tell folks to not take risk on Constructive Possession and or making an Illegal AW type weapon even for a few minutes or hours while cleaning or changing out parts on a rifle/shotgun. All it takes is the wrong intel or someone to call in because they know you like guns and what not and say you look like you are going to do something crazy.

Civilitant
01-30-2011, 2:51 PM
Hm, acting on a tip... Is that all it takes for the 4a to go by by?

yes sir. I had the same thing happen to me.

ALL my guns are legal.

ALL my pot is legal too.

"they" already dropped all of the gun charges... but my fiance has a collection of fake swords , fake ninja stars, fake knuckles - all decorations ... the only illegal thing in the house was the fake knuckles. 11,500$ in bail and attorney fee so far. not worth it.

my 2c.

Gio
01-30-2011, 2:54 PM
yes sir. I had the same thing happen to me.

all my guns are legal.

all my pot is legal too.


Your pot is legal to the Feds too? Good luck with that :rolleyes:

Civilitant
01-30-2011, 3:10 PM
Your pot is legal to the Feds too? Good luck with that :rolleyes:

I am well aware of the contradictions in "our" "laws". :sleeping:

no worries really

Ism415
01-30-2011, 3:18 PM
the comments left by other people on the site was fun to read

SC_00_05
01-30-2011, 3:26 PM
Your pot is legal to the Feds too? Good luck with that :rolleyes:

Oh my God....he has a plant! Holy ****, better call in reinforcements.

Civilitant
01-30-2011, 3:34 PM
let me ask "you all" if you really believe a man should loose his GOD given right to be armed and defend himself because he uses a GOD given herb as opposed to a DRUG COMPANY pill?

if that is what you believe its cool I'm just saying..... I wouldn't really worry about you unless you were attacking me or something... and if we both lived, i might want you stripped of your 2a and whatnot. just depends.

someone else from atladena posted the guy who was arrested was released.. anyone know if there are charges?

I am mainly curious if he has a legal doctors recommendation for cannabis. I assume he does. I wonder what Assault Weapons he had?

any way to find out my google fu sucks right now

cdtx2001
01-30-2011, 3:45 PM
yes sir. I had the same thing happen to me.

ALL my guns are legal.

ALL my pot is legal too.

"they" already dropped all of the gun charges... but my fiance has a collection of fake swords , fake ninja stars, fake knuckles - all decorations ... the only illegal thing in the house was the fake knuckles. 11,500$ in bail and attorney fee so far. not worth it.

my 2c.

Is it illegal to have swords?

kermit315
01-30-2011, 3:47 PM
if its against the law, then yes. I am also not real hip on people under the influence of much of anything messing with weapons.

I have said it before, and I will say it again: If you dont like the law, fight to get it changed. In the meantime, it still applies to you, and if you get busted under it, then so be it, take the punishment that you asked for.

kermit315
01-30-2011, 3:53 PM
also, in the context of guns: for all we know, they were BB'd AR's and AK's. Anything other than a flintlock gets called an AW now a days.

bwiese
01-30-2011, 3:58 PM
That's another reason why I try to tell folks to not take risk on Constructive Possession and or making an Illegal AW type weapon even for a few minutes or hours while cleaning or changing out parts on a rifle/shotgun. All it takes is the wrong intel or someone to call in because they know you like guns and what not and say you look like you are going to do something crazy.

Correct.

Lawyer Don Kilmer says 70+% of AW charges he knows of are 'domestic' and are not related to transport - meaning there's some (often innocuous - doesn't mean 'domestic violence') reason for cops to be on/in property, home, etc. [Plus, stupid people consent to search.]

One should not be in possession of illegal unregistered AWs in CA anyway.

And one possessing "evil-but-legal" firearms should have everything else in his life squared away anyway.

Why buy yourself trouble?

From the political side, any association of drug heads (CA approved but Federally illegal) with pot with guns does gun rights a general disservice. Big-L libertarians who advocate for both color the issue and scare the general public with the coupling of the two - a general public that has generally understood a right to own guns, but is uncomfortable with those with altered minds possessing/using them.

Look, I think every DEA agent should be in the unemployment line and drug laws are an utter failure. But coupling of drug plus gun freedom issues does us such a disservice that I think all pro-pot postings here in the RKBA forum should be pulled.

Ron-Solo
01-30-2011, 4:28 PM
Hm, acting on a tip... Is that all it takes for the 4a to go by by?

No, a 'tip' does not get you a search warrant. It is a starting point of an investigation, which will gather information to support the issuance of a search warrant. Don't jump to conclusions over what you read in a local news blog. They (the media) have no obligation to report facts.

Additionally, the investigation was about "possession for sales" and not someone's personal medcal marijuana stash. If the suspects aren't worried about state and federal drug laws, why would anyone assume they would have legally configured off list rifles? I don't get it, these are not the people the gun community should rally behind.

bwiese
01-30-2011, 4:41 PM
Additionally, the investigation was about "possession for sales" and not someone's personal medcal marijuana stash. If the suspects aren't worried about state and federal drug laws, why would anyone assume they would have legally configured off list rifles? I don't get it, these are not the people the gun community should rally behind.

Well put - however, if the guns are legally configured and the PD says they're AWs we will have to aid them in that specific matter (the gun configuration).

The whole issue of being armed while committing a crime (sale weight drug dealing) is wide open under both Fed law (and likely CA law).

The Potheads here who try to publicly connect gun freedoms and drug freedom have zero idea of how stupid that is politically and do a disservice to gun rights. They've been told, but they've probably forgotten by now.

tileguy
01-30-2011, 4:48 PM
some LEOs can do what they want and then figure out ways to justify it. just check out the videos on you tube about the san louis obispo sheriffs dept and the Hart case. very scary stuff. it will open your eyes to what LEOs can do to people

Ron-Solo
01-30-2011, 4:49 PM
Bill, I agree we, the gun community, would need to support the legally configured guns if they were being portrayed as AWs, but we still don't want the drug image as our rallying point.

And as I've said before, there isn't enough infomation in the media article to form any opinion on what really happened.

Aloha!

Mstrty
01-30-2011, 4:56 PM
So what Bill is saying is "legal pot+ legal firearm" = a dis-service to the pro RKBA community.

I agree. Let's fix the laws before we shove the 2 together, down American throats.

joefrank64k
01-30-2011, 4:59 PM
The Potheads here who try to publicly connect gun freedoms and drug freedom have zero idea of how stupid that is politically and do a disservice to gun rights. They've been told, but they've probably forgotten by now.

That's sig material right there! :D

Fjold
01-30-2011, 5:05 PM
I am well aware of the contradictions in "our" "laws". :sleeping:

no worries really

You don't worry about the federal perjury charge from the form 4473?

nicki
01-30-2011, 5:05 PM
A few points since we don't have all the facts.

1. Let's find out what type of arms he actually did have.

2. Let's find out was he already a "Felon" or some other disqualified person.

3. The truth is even though Pot is illegal under Federal law, the truth is the feds won't get involved unless the quantities are significant.

We didn't get a volume of marijuana. If he has siginficant volume, say over 1 pound, it would be hard to argue personal use.

At this time, all we can really do is see how things play out.

One thing about the LASO. Sheriff Baca is no friend of ours and he is no friend of marijuana users. Both of us would like to see Sheriff Baca gone.

Nicki

CalNRA
01-30-2011, 5:13 PM
The Potheads here who try to publicly connect gun freedoms and drug freedom have zero idea of how stupid that is politically and do a disservice to gun rights. They've been told, but they've probably forgotten by now.

The only pothead who has admitted as such in this thread "joined" about a few months ago. I won't put it past brady's tools to intentionally paint a bad picture of gun owners by associating gun owners with pot smokers.

SVT-40
01-30-2011, 5:44 PM
yes sir. I had the same thing happen to me.

ALL my guns are legal.

ALL my pot is legal too.

"they" already dropped all of the gun charges... but my fiance has a collection of fake swords , fake ninja stars, fake knuckles - all decorations ... the only illegal thing in the house was the fake knuckles. 11,500$ in bail and attorney fee so far. not worth it.

my 2c.

I'm curious as to what constitutes "fake" ninja stars and "fake" knuckles??

Does that mean the stars and knuckles were made of foam???:p

garandguy10
01-30-2011, 5:50 PM
You don't worry about the federal perjury charge from the form 4473?

You should be aware that not all legally acquired firearms involve any type of 4473 or any other type of state or federal paper work other than possibly Federal Reserve Notes.

Civilitant
01-30-2011, 5:55 PM
I'm curious as to what constitutes "fake" ninja stars and "fake" knuckles??

Does that mean the stars and knuckles were made of foam???:p

hollow aluminum ones ... we got them at a swap meet in costa mesa.

Civilitant
01-30-2011, 5:55 PM
You don't worry about the federal perjury charge from the form 4473?

never lied so I'm not worried. thanks.


are you worried?

SVT-40
01-30-2011, 5:57 PM
hollow aluminum ones ... we got them at a swap meet in costa mesa.

So that makes them legal?

How so?

Hunt
01-30-2011, 6:00 PM
illegal plants and guns certianly justifies an asset forfieture. You can bet these anon tips can be associated with nice size asset forfietures.

Civilitant
01-30-2011, 6:02 PM
So that makes them legal?

How so?

not sure what you are asking...

the fake ninja stars and swords were fake enough for the PD and SO to not think 2x about them but the knuckles for some reason were of interest.

IANAL... and all that

afaik PC says ninja stars and knuckles are a no go.

swords are ok

Cokebottle
01-30-2011, 6:03 PM
Is it illegal to have swords?
No, but the knuckles are, ninja stars possibly. PC does not discriminate between ninja stars that are sharpened vs simple painted decorative pieces.

Civilitant
01-30-2011, 6:04 PM
i think the OP was just saying it is impossible to say the cops will never pay you an uninvited visit.

and be careful

and I agree

thats all.... not REALLY trying to thread jack here....

if you guys want to grill me just pm me

Hunt
01-30-2011, 6:06 PM
The only pothead who has admitted as such in this thread "joined" about a few months ago. I won't put it past brady's tools to intentionally paint a bad picture of gun owners by associating gun owners with pot smokers.

so uh what is so negative about consuming cannabis?

kermit315
01-30-2011, 6:07 PM
The only pothead who has admitted as such in this thread "joined" about a few months ago. I won't put it past brady's tools to intentionally paint a bad picture of gun owners by associating gun owners with pot smokers.

Its not just this thread. Every time a pot thread comes up, it turns into a "how can you be for gun rights, but not pot rights" *****fest, then the threads usually get shut down.

You should be aware that not all legally acquired firearms involve any type of 4473 or any other type of state or federal paper work other than possibly Federal Reserve Notes.

You should be aware that just because you didnt do a background check, that doesnt mean the law doesnt apply to you. A prohibited person is a prohibited person, regardless of a 4473.

never lied so I'm not worried. thanks.


are you worried?

You dont have to lie to be a prohibited person. See above. Also, if you filled out a 4473 that says you are not an unlawful user, and use mj, you lied on the 4473, which is a crime. If you said you were an unlawful user of mj, then the system would have flagged it (provided the clerk didnt catch it immediately) and the sale would have been denied.

bwiese
01-30-2011, 6:07 PM
So what Bill is saying is "legal pot+ legal firearm" = a dis-service to the pro RKBA community.

I agree. Let's fix the laws before we shove the 2 together, down American throats.

Yes, but remember that pot isn't even fully legal yet no matter what the potheads say. And non-'medical' sale is even further illegal.

Hunt
01-30-2011, 6:09 PM
No, but the knuckles are, ninja stars possibly. PC does not discriminate between ninja stars that are sharpened vs simple painted decorative pieces.

good example for mandatory jury nullification notices in court.

kermit315
01-30-2011, 6:09 PM
so uh what is so negative about consuming cannabis?

Federal law says so. Part of being a gun owner is playing by the rules. You dont like the rules, fight to get them changed.

Cokebottle
01-30-2011, 6:11 PM
I'm curious as to what constitutes "fake" ninja stars and "fake" knuckles??

Does that mean the stars and knuckles were made of foam???:p
Fake knuckles, I have no clue unless they are plastic, but it seems not since he was charged.

Fake stars? I've seen rubber stars for sale in California.
I've seen decorative stars for sale in AZ that are not sharpened, and probably would not take/hold an edge if they were. Simple sheet metal stampings, painted black, with gold paint or goldleaf dragons and Kanji painted on, some smaller ones drilled for mounting on a necklace.

Cokebottle
01-30-2011, 6:19 PM
You dont have to lie to be a prohibited person. See above. Also, if you filled out a 4473 that says you are not an unlawful user, and use mj, you lied on the 4473, which is a crime. If you said you were an unlawful user of mj, then the system would have flagged it (provided the clerk didnt catch it immediately) and the sale would have been denied.
By "clerk", I assume you mean the person who wrote the sale.

The 4473 doesn't go anywhere. The DROS is transmitted to Sacramento, but I don't believe that question is on the DROS.

If it is, theoretically, one could answer "yes" on the 4473 and "no" on the DROS, since it is not a crime in California.
It would not be discovered until the BATFE audits the FFL.

Hunt
01-30-2011, 6:21 PM
Federal law says so. Part of being a gun owner is playing by the rules. You dont like the rules, fight to get them changed.

yes, and it was a Fedreal law at one time you had to return an escaped slave to the owner. There were laws blacks had to sit in the back of a bus. The fact we still have prohibition is proof the Federal law is not based upon justice or morality. To argue that the current cannabis laws are just or moral in any way is ludicrous. The fact is, the reason we still have prohibition is because of the millions of loot in asset forfietures. Kermit you could do what is moral and just and join LEAP http://www.leap.cc/cms/index.php

Fjold
01-30-2011, 6:22 PM
Plastic knuckles are illegal also:

California, like many other states, has a ban on brass, plastic and composite knuckles. Brass knuckles, despite their name, aren't necessarily made of brass and are often referred to as "metal knuckles." State law prohibits both the possession and sale of brass knuckles. Those who are found in violation of this law are subject to imprisonment in either jail or California state prison.


•The California Supreme Court defines "brass knuckles" as a weapon worn over the fist and used to protect a person's hand while striking a blow or to increase the overall impact of the punch being thrown. Brass knuckles are typically made of brass, metal or some form of alloy. A recent California Supreme Court ruling stated that a metal footrest from a bicycle, although it can be used as a weapon, is not considered a brass knuckle.
Penalties
Violators can end up in prison.California penal code 12020 (a) states that it is illegal to own, carry, or manufacture brass knuckles. It is also illegal to import, sell, keep for sale, lend or give brass knuckles to another person within California. Those found in violation of penal code 12020 (a) are subject to no more than one year in county jail. Those who are caught selling brass knuckles can face up to three years in California state prison.
Plastic Knuckles
•California law states that hard plastic knuckles, also known as composite knuckles, are subject to the same laws as traditional brass knuckles. This bill was signed into California law by Governor Gray Davis in 2002. Hard plastic knuckles are defined as any instrument or device constructed entirely, or partially, of plastic instead of metal for the purpose of defense or offense. California penal code 12020.1 states that it's a misdemeanor to manufacture, import or sell plastic knuckles.


Read more: California Brass Knuckle Law | eHow.com http://www.ehow.com/about_6506446_california-brass-knuckle-law.html#ixzz1CZzVrPn6

kermit315
01-30-2011, 6:25 PM
yes, and it was a Fedreal law at one time you had to return an escaped slave to the owner. There were laws blacks had to sit in the back of a bus. The fact we still have prohibition is proof the Federal law is not based upon justice or morality. To argue that the current cannabis laws are just or moral in any way is ludicrous. The fact is, the reason we still have prohibition is because of the millions of loot in asset forfietures. Kermit you could do what is moral and just and join LEAP http://www.leap.cc/cms/index.php

Yep, and all those laws were changed. And those that broke those laws while they were laws were punished accordingly.

Thanks for illustrating my point.

ETA: Dont even propose to talk to me about my 'morality'. A) its not part of this conversation, and B) its none of your damn business why I believe what I believe.

nick
01-30-2011, 6:26 PM
I'm curious as to what constitutes "fake" ninja stars and "fake" knuckles??

Does that mean the stars and knuckles were made of foam???:p

Nah, it means that they weren't made by either authentic ninjas or authentic criminals, respectively. instead, they were made (faked?) on some factory in China :p

kermit315
01-30-2011, 6:28 PM
By "clerk", I assume you mean the person who wrote the sale.

The 4473 doesn't go anywhere. The DROS is transmitted to Sacramento, but I don't believe that question is on the DROS.

If it is, theoretically, one could answer "yes" on the 4473 and "no" on the DROS, since it is not a crime in California.
It would not be discovered until the BATFE audits the FFL.

I know the 4473 doesnt go anywhere, but it doesnt matter. If anybody answered yes on the 4473, I highly doubt any clerk in their right mind is going to bother to continue a sale to the point of transmitting the DROS. If they did, they knowingly committed a federal crime. I cant think of anybody that would put their name on that.

Civilitant
01-30-2011, 6:38 PM
again there was no charge for the ninja equipment only the redneck jewelry.

the form 4473 asks if you are an unlawful user or are addicted to .... I am neither of those things. amazing and true all in one!

Civilitant
01-30-2011, 6:39 PM
Nah, it means that they weren't made by either authentic ninjas or authentic criminals, respectively. instead, they were made (faked?) on some factory in China :p


well played sir! that made me laugh.

kermit315
01-30-2011, 6:40 PM
again there was no charge for the ninja equipment only the redneck jewelry.

the form 4473 asks if you are an unlawful user or are addicted to .... I am neither of those things. amazing and true all in one!

Unless you have a Federal mj permit, you are breaking federal law. tell me how you are not an unlawful user in federal eyes?

Civilitant
01-30-2011, 6:44 PM
Plastic knuckles are illegal also:

California, like many other states, has a ban on brass, plastic and composite knuckles. Brass knuckles, despite their name, aren't necessarily made of brass and are often referred to as "metal knuckles." State law prohibits both the possession and sale of brass knuckles. Those who are found in violation of this law are subject to imprisonment in either jail or California state prison.


•The California Supreme Court defines "brass knuckles" as a weapon worn over the fist and used to protect a person's hand while striking a blow or to increase the overall impact of the punch being thrown. Brass knuckles are typically made of brass, metal or some form of alloy. A recent California Supreme Court ruling stated that a metal footrest from a bicycle, although it can be used as a weapon, is not considered a brass knuckle.
Penalties
Violators can end up in prison.California penal code 12020 (a) states that it is illegal to own, carry, or manufacture brass knuckles. It is also illegal to import, sell, keep for sale, lend or give brass knuckles to another person within California. Those found in violation of penal code 12020 (a) are subject to no more than one year in county jail. Those who are caught selling brass knuckles can face up to three years in California state prison.
Plastic Knuckles
•California law states that hard plastic knuckles, also known as composite knuckles, are subject to the same laws as traditional brass knuckles. This bill was signed into California law by Governor Gray Davis in 2002. Hard plastic knuckles are defined as any instrument or device constructed entirely, or partially, of plastic instead of metal for the purpose of defense or offense. California penal code 12020.1 states that it's a misdemeanor to manufacture, import or sell plastic knuckles.


Read more: California Brass Knuckle Law | eHow.com http://www.ehow.com/about_6506446_california-brass-knuckle-law.html#ixzz1CZzVrPn6


gray davis was recalled in favor of Arnold. good to know thats who signed the plastic knuckles law. and in 2002! great investment post sept. 01. saved California from harm with that one for sure.

GrizzlyGuy
01-30-2011, 6:46 PM
again there was no charge for the ninja equipment only the redneck jewelry.

the form 4473 asks if you are an unlawful user or are addicted to .... I am neither of those things. amazing and true all in one!

See here, you are still (unfortunately) committing a federal felony if you mix pot and guns, whether you filled out a 4473 or not, and whether or not CA thinks medical marijuana is OK:

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/)

Gotta love the feds: the Constitution gave them no authority to regulate either one, yet here they are regulating both. :rolleyes:

Civilitant
01-30-2011, 6:50 PM
Unless you have a Federal mj permit, you are breaking federal law. tell me how you are not an unlawful user in federal eyes?

are you aware the federal gov gives provides cannabis to people as well? YOU ARE PAYING FOR THIS.

I supply my own thank you. I believe most people (and a jury in CA) would agree I am less of a harm to you than those with federal cannabis permits as I cost you nothing for my health care.

you might also like to know there is a judicial system where you may be judged by others than the ones who arrest you. this is for obvious reasons.

kermit315
01-30-2011, 6:52 PM
are you aware the federal gov gives provides cannabis to people as well? YOU ARE PAYING FOR THIS.

I supply my own thank you. I believe most people (and a jury in CA) would agree I am less of a harm to you than those with federal cannabis permits as I cost you nothing for my health care.

you might also like to know there is a judicial system where you may be judged by others than the ones who arrest you. this is for obvious reasons.

Nice. You admit breaking federal law, then expect a california jury to get you off. Now I know you are high.

Civilitant
01-30-2011, 6:53 PM
See here, you are still (unfortunately) committing a federal felony if you mix pot and guns, whether you filled out a 4473 or not, and whether or not CA thinks medical marijuana is OK:

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/)

Gotta love the feds: the Constitution gave them no authority to regulate either one, yet here they are regulating both. :rolleyes:


from the link above

UPDATE: I’ve done a bit more research, and here’s what I found: United States v. Purdy, 264 F.3d 809, 812–13 (9th Cir. 2001), stated “that to sustain a conviction under § 922(g)(3), the government must prove ... that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.” Likewise, in United States v. Herrera, 313 F.3d 882 (5th Cir. 2002) (en banc), the government conceded “that, for a defendant to be an ‘unlawful user’ for § 922(g)(3) purposes, his ‘drug use would have to be with regularity and over an extended period of time.’” I don’t see how one can infer from the possession of a marijuana card that the possessor is using marijuana “with regularity and over an extended period of time.” Maybe he is, but maybe he isn’t; I think something more besides the possession of the card would have to be shown.



innocent until proven guilty...... anyone?




anyone?







anyone?




only kidding .. 9th courts don't scare me. jury trial = easy win for me. all of my gun charges were dropped before I even went to say not guilty. I am pretty sure I posted that before but ....

tileguy
01-30-2011, 6:53 PM
so does that make my kid an outlaw with his incredible hulk plastic green fist

Cokebottle
01-30-2011, 6:57 PM
I know the 4473 doesnt go anywhere, but it doesnt matter. If anybody answered yes on the 4473, I highly doubt any clerk in their right mind is going to bother to continue a sale to the point of transmitting the DROS. If they did, they knowingly committed a federal crime. I cant think of anybody that would put their name on that.
But you've never worked for Turner's or Cinco Grande ;)

I've seen some of those guys pick up the paperwork and not even look at it.
That's probably why we've seen recent reports that Big-5 clerks have a laminated copy of the questions... ask the customer to answer aloud, then hand the sheet to the customer and ask them to read and answer each question.
My guess is that a few "yes" answers have slipped through their cracks.

Cokebottle
01-30-2011, 7:00 PM
the form 4473 asks if you are an unlawful user or are addicted to .... I am neither of those things. amazing and true all in one!
Under Federal law, you are an unlawful user.

Since it is medical, there is an implied "need" for it that other drugs without legal questionability cannot satisfy.
Physical need is one of the indications of addiction.

GrizzlyGuy
01-30-2011, 7:00 PM
from the link above

UPDATE: I’ve done a bit more research, and here’s what I found: United States v. Purdy, 264 F.3d 809, 812–13 (9th Cir. 2001), stated “that to sustain a conviction under § 922(g)(3), the government must prove ... that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.” Likewise, in United States v. Herrera, 313 F.3d 882 (5th Cir. 2002) (en banc), the government conceded “that, for a defendant to be an ‘unlawful user’ for § 922(g)(3) purposes, his ‘drug use would have to be with regularity and over an extended period of time.’” I don’t see how one can infer from the possession of a marijuana card that the possessor is using marijuana “with regularity and over an extended period of time.” Maybe he is, but maybe he isn’t; I think something more besides the possession of the card would have to be shown.



innocent until proven guilty...... anyone?




anyone?







anyone?




only kidding .. 9th courts don't scare me. jury trial = easy win for me. all of my gun charges were dropped before I even went to say not guilty. I am pretty sure I posted that before but ....

If I happen to be on your jury and you have anyone other than a turnip as your defense council, no sweat. I'm pretty confident that the prosecution won't be able to present evidence sufficient to overcome my personal standard of 'guilty beyond a reasonable doubt'. ;)

Hunt
01-30-2011, 7:01 PM
so does that make my kid an outlaw with his incredible hulk plastic green fist

yes, and if you lie on a building permit application about the size of a window you are replacing on your house because you don't want to trigger thousands of dollars in extra fees, you are a felon in CA as well.

kermit315
01-30-2011, 7:01 PM
But you've never worked for Turner's or Cinco Grande ;)

I've seen some of those guys pick up the paperwork and not even look at it.
That's probably why we've seen recent reports that Big-5 clerks have a laminated copy of the questions... ask the customer to answer aloud, then hand the sheet to the customer and ask them to read and answer each question.
My guess is that a few "yes" answers have slipped through their cracks.

Touche my friend. Yeah, I guess. I have never seen it happen, but am not surprised that it could either.

Civilitant
01-30-2011, 7:07 PM
so does that make my kid an outlaw with his incredible hulk plastic green fist

word.

Civilitant
01-30-2011, 7:13 PM
Nice. You admit breaking federal law, then expect a california jury to get you off. Now I know you are high.


forgive me but since you did not really respond to my comment - should I understand this to mean that you would prefer to purchase cannabis for me through higher taxes?

CA jury will not convict me for anything and I will be filing a claim against the city employing the LEO's who destroyed my home.

after that get at me and you can buy me some weed! but I WILL LEAVE MY GUNS AT HOME for our safety. and for the children...

kermit315
01-30-2011, 7:16 PM
and, just how would I buy you weed through my taxes.

And, yes, I feel very comfortable that if you went to trial on gun/drug charges, even a california jury would convict you. its for the children.

Anchors
01-30-2011, 7:24 PM
Gio, I agree, the guy was definitely asking for it, but the police acting on a tip is more what got my attention

This.

What the hell man.
Can anyone just say anything?
Can I call up the Westminster PD and say "Hey my ahole neighbor has a dead hooker, illegal guns, drugs, or other illegal stuff in his house. So go get a warrant covering only those things".

Ugh..

Civilitant
01-30-2011, 7:25 PM
and, just how would I buy you weed through my taxes.

And, yes, I feel very comfortable that if you went to trial on gun/drug charges, even a california jury would convict you. its for the children.

first of all you ARE ALREADY BUYING WEED FOR FEDERAL PATIENTS THROUGH TAXES google it dude. 30+ years this is going on.

and YES I AGREE if I went to trial for guns and drugs I could and probably WOULD be convicted and could be considered a major a hole. for the kids.

the fact is I have no gun charges. thank you very much. glad to clarify for you what you could have read previously.

SO like i said if you want to get me a sack pm me and we'll work it out.

for a weed- hater -know it all... you sure haven't read much about the FEDERAL Cannabis Patients. - or- the FEDERAL Cannabis Genetics program that created the G13 cannabis variety. potent medicine. check it out.

one patients name is Irvin Rosenfeld he just wrote a book.

kermit315
01-30-2011, 7:28 PM
first of all you ARE ALREADY BUYING WEED FOR FEDERAL PATIENTS THROUGH TAXES google it dude. 30+ years this is going on.

and YES I AGREE if I went to trial for guns and drugs I could and probably WOULD be convicted and could be considered a major a hole. for the kids.

the fact is I have no gun charges. thank you very much. glad to clarify for you what you could have read previously.

SO like i said if you want to get me a sack pm me and we'll work it out.

for a weed- hater -know it all... you sure haven't read much about the FEDERAL Cannabis Patients. - or- the FEDERAL Cannabis Genetics program that created the G13 cannabis variety. potent medicine. check it out.

I know that you are an unlawful user, breaking federal law. I know that I dont, and will never, buy you weed. Lets see you federal mj permit. until then you are trolling and offering information that isnt part of the discussion.

nicki
01-30-2011, 7:35 PM
Things will depend on the circumstances of the case, in other words, is it something worthwhile for the Feds to pursue.

For most people the Feds will not get involved simply because the volume of both pots and guns is too small.

The issue for us will be "state charges"

Nicki

Civilitant
01-30-2011, 7:46 PM
Things will depend on the circumstances of the case, in other words, is it something worthwhile for the Feds to pursue.

For most people the Feds will not get involved simply because the volume of both pots and guns is too small.

The issue for us will be "state charges"

Nicki

exactly. small amounts of legal pot backed up by lots of paperwork and doctors = personal medical use
small amount of legal guns backed up by lots of paperwork and receipts as well as background checks = personal defense

I am actually impressed there's only like 3 or 4 people on calguns who don't get it? i thought there would be more really.

you could put all 4 of those guys on my jury and I will still walk. is it not foolish to waste time and money? prosecuting the wrong people and taxing others... they should make the guy who called in the tip pay for the LEO's time and the prosecution after my case is dropped.

Civilitant
01-30-2011, 7:49 PM
This.

What the hell man.
Can anyone just say anything?
Can I call up the Westminster PD and say "Hey my ahole neighbor has a dead hooker, illegal guns, drugs, or other illegal stuff in his house. So go get a warrant covering only those things".

Ugh..

need a new neighbor? I'm looking for a new house my other one looks like it was hit by a bomb.

Tarn_Helm
01-30-2011, 8:57 PM
Is it illegal to have swords?

When swords are outlawed, only pirates will have swords.
:chris:

JGPena
01-30-2011, 9:37 PM
let me ask "you all" if you really believe a man should loose his GOD given right to be armed and defend himself because he uses a GOD given herb as opposed to a DRUG COMPANY pill?

if that is what you believe its cool I'm just saying..... I wouldn't really worry about you unless you were attacking me or something... and if we both lived, i might want you stripped of your 2a and whatnot. just depends.

someone else from atladena posted the guy who was arrested was released.. anyone know if there are charges?

I am mainly curious if he has a legal doctors recommendation for cannabis. I assume he does. I wonder what Assault Weapons he had?

any way to find out my google fu sucks right now

Civilitant, I found out it happened on my co workers block, a few houses across the street from him. He says SWAT had snipers around the neighborhood and they broke his door down. Supposedly his place got trashed and his dogs were taken away. He's been released now, but I don't know if he has any charges pending. Originally he had a $10,000 bail on him, but now he's been released because there wasn't anything ATF was interested in. The person that submitted the tip was a jealous coworker. As someone commented under that article, how can they get a warrant on a tip? That's the info I have, and if I get anything else, I will post it.
I guess they'll be giving him his dogs back :-/

Cokebottle
01-30-2011, 9:39 PM
you could put all 4 of those guys on my jury and I will still walk.
Except that your case involves nothing of the topic of this thread (which should have been moved out of 2A from the git-go).
It involves illegal possession of knuckles, and from what you've said, will quite likely result in conviction.

Then nobody will have to worry about you combining pot and guns.

Librarian
01-30-2011, 10:23 PM
Thread drift - all done here.