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  #81  
Old 03-28-2013, 10:47 PM
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And for the record, I hope she passes too. MS is a horrible disease, and I don't think she should be punished or treated like a criminal for treating it.
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  #82  
Old 03-28-2013, 10:59 PM
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Quote:
Originally Posted by decepticon6551 View Post
In California.

4473 is a Federal form.
For some reason I was thinking it was a Cal Doj form...
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  #83  
Old 03-28-2013, 11:03 PM
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Quote:
Originally Posted by decepticon6551 View Post
And for the record, I hope she passes too. MS is a horrible disease, and I don't think she should be punished or treated like a criminal for treating it.
Thanks!! I agree and so does she. Especially since she lives by herself and wants it for HD as well as target practice. She has primary progressive MS which is the more rare form of MS but also gets a lot worse with time.

Anyway, is there a data base when people get medical cards that is relayed to the CA DOJ? I am assuming there is not being that I know people who have cards and bought multiple long and short guns since 2011. Can people unregister their card?

Thanks for everyones help!
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  #84  
Old 03-28-2013, 11:13 PM
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Goes to show that pretty much anyone can get a DOD secret clearance.
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Quote:
Originally Posted by jeep7081
The more I am on CalGuns the more I see why government keeps certain people from owning firearms.
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  #85  
Old 03-28-2013, 11:17 PM
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Quote:
Originally Posted by Barbarossa View Post
OP thank you for your service, but you need to do more research before you go out and buy your first gun.

Owning a firearm is a huge responsibility.







What is a straw purchase?
A straw purchase is buying a gun for someone who is prohibited by law from
possessing one, or buying a gun for someone who does not want his or her name associated with the transaction.

It is a violation of California law for a person who is not licensed as a California firearms dealer to transfer a firearm to another unlicensed person, without conducting such a transfer through a licensed firearms dealer. (Pen. Code, § 27545.) Such a transfer may be punished as a felony. (Pen. Code, § 27590.)

Furthermore, it is a violation of federal law to either (1) make a false or fictitious statement on an application to purchase a firearm about a material fact, such as the identify of the person who ultimately will acquire the firearm (commonly known as "lying and buying") (18 U.S.C. 922(a)(6)), or (2) knowingly transfer a firearm to a person who is prohibited by federal law from possessing and purchasing it.(18 U.S.C. 922(d).)

Such transfers are punishable under federal law by a $250,000 fine and 10 years in federal prison. (18 U.S.C. 924(a)(2).)

Things to Remember About Prohibited Firearms Transfers and Straw Purchases

An illegal firearm purchase (straw purchase) is a federal crime.

An illegal firearm purchase can bring a felony conviction sentence of 10 years in jail and a fine of up to $250,000.

Buying a gun and giving it to someone who is prohibited from owning one is a
state and federal crime.

Never buy a gun for someone who is prohibited by law or unable to do so.
I would venture to say that this man knows the meaning of responsibility. I don't know of your military history but it sounds like you are telling a Combat Veteran a Marine to boot about responsibility when I'm sure he was responsible for his life and others while deployed.

Quote:
Originally Posted by decepticon6551 View Post
"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

In CA with a card you are not an unlawful user... So answering no would not be a lie correct? or are you to answer it by the federal definition.. ? The system is so very flawed.. unbelievable ..
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  #86  
Old 03-28-2013, 11:21 PM
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Ok, I haven't read this ENTIRE thread because its so damn long but I thought I could add some insight. My wife has her card for medical reasons we need not discuss but to ensure legitimacy and avoid any issues legally I went and got mine as well since she was obviously going to have it in and around our home/car/etc. But since getting our medicinal marijuana cards we both have purchased/sold/transferred multiple firearms in CA. I have been told by several FFL employees that as long as you check the proper boxes on the dros form; i.e. not admitting to using or being under the influence of "illegal" substances such as marijuana you will be fine...because according to CA if you medicate and have a recommendation from a doctor to do so you are therefor not using "illegal" drugs. I am not a LEO nor a lawyer but I am speaking from personal experience of myself and MANY others I know who have experienced the same. Hope this helps and your girlfriend keeps up the good fight.
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  #87  
Old 03-28-2013, 11:23 PM
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Quote:
Originally Posted by Ninety View Post
In CA with a card you are not an unlawful user... So answering no would not be a lie correct? or are you to answer it by the federal definition.. ? The system is so very flawed.. unbelievable ..
It's a federal form, you go by the federal laws.
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  #88  
Old 03-28-2013, 11:41 PM
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Quote:
Originally Posted by Merc1138 View Post
It's a federal form, you go by the federal laws.
But what about Obama Bin Laden's letter to the Attorney General that instructed the DEA and ATF to "not interfere" with state laws that allow the use of medicinal marijuana...the feds don't bother those who abide by state laws for "drug" use...why shouldn't you abide by state laws when purchasing a firearm? I.e. answering NO to that particular question...
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  #89  
Old 03-28-2013, 11:52 PM
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Quote:
Originally Posted by ILVH8RS View Post
But what about Obama Bin Laden's letter to the Attorney General that instructed the DEA and ATF to "not interfere" with state laws that allow the use of medicinal marijuana...the feds don't bother those who abide by state laws for "drug" use...why shouldn't you abide by state laws when purchasing a firearm? I.e. answering NO to that particular question...
Because I wouldn't lie to a federal agent if questioned about it in person, so there's no reason for me to lie on federal paperwork.

But if you want to rely on the wishy-washy nature of whichever current administration at the federal level decides to play games with what laws are enforced an ignored, go ahead.

Hell, if you want to lie about one question, why not just go full steam ahead and lie about everything else on the form? Just ignore everyone else that lies about everything on the form while we're at it.

Last edited by Merc1138; 03-29-2013 at 12:02 AM..
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  #90  
Old 03-29-2013, 12:08 AM
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I agree that honesty and integrity should be employed at all times...but is it not honest of person to believe that they infact are not under the influence of or addicted to illegal drugs because there doctor prescribed/recommended it? I guess I'm just kinda stuck in the middle given my personal situation...
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  #91  
Old 03-29-2013, 8:34 AM
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Quote:
Originally Posted by TacoTodd View Post
interesting because I know people who have medical cards but have bought guns since 2011
Turner's won't sell you a gun if you have a pot card, they ask.
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  #92  
Old 03-29-2013, 7:17 PM
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Originally Posted by winnre View Post
Turner's won't sell you a gun if you have a pot card, they ask.
They did NOT ask me at the Corona, Norwalk or Long Beach store when I purchased guns ther
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  #93  
Old 03-29-2013, 10:27 PM
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Quote:
Originally Posted by CSACANNONEER View Post
Am I really reading this right?

The OP has a history of violently beating people and his wife has a history of illegal, schedual one drug use/possession AND they think they should be able to own firearms????
And, they are strategizing on how to commit a felony on a public forum.
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  #94  
Old 03-29-2013, 10:29 PM
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Quote:
Originally Posted by winnre View Post
Turner's won't sell you a gun if you have a pot card, they ask.
The answer to have you been drinking (check point), do you own firearms (Doctor's inquiry), do you have a pot card (gun store) is always NO.
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  #95  
Old 03-30-2013, 5:30 AM
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I'm not familiar with the pot card but I would think that it being issued by a medical doctor would make it part of your medical file and therefore not subject to disclosure without your permission.
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  #96  
Old 03-30-2013, 2:11 PM
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Quote:
Originally Posted by TacoTodd View Post
They did NOT ask me at the Corona, Norwalk or Long Beach store when I purchased guns ther
I have never been asked if I had a Pot card (I don't) during any of my firearms purchases at Turner's or any other locations.

Last edited by Steve_In_29; 03-30-2013 at 2:14 PM..
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  #97  
Old 03-30-2013, 2:37 PM
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Quote:
Originally Posted by CSACANNONEER View Post
Am I really reading this right?

The OP has a history of violently beating people and his wife has a history of illegal, schedual one drug use/possession AND they think they should be able to own firearms????
I was thinking the same thing, just didn't want to get flamed here. Maybe the system actually worked this time.
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  #98  
Old 03-30-2013, 4:39 PM
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Originally Posted by Zedrek View Post
I'm not familiar with the pot card but I would think that it being issued by a medical doctor would make it part of your medical file and therefore not subject to disclosure without your permission.
The Feds disagree.

D.C.-and the Federal Drug Enforcement Administration-do not give one flat damn about local regulations permitting pot.

As of right now , its a Federal Schedule I controlled substance. Consume it and you are a drug user according to the Federal government, subject to prosecution like any crack fiend in the ghetto.

Mark "no" on the question asking if you're unlawfully using drugs , and you've just handed a juicy case to the DEA & the ATF. A Medical Marijuana card makes for an excellent piece of evidence in court that you're a drug user, and since drug users cannot own firearms, say hello to Charge #2, lying on the Form 4473.

The only reason people aren't being arrested en-masse for this is because of politics.
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  #99  
Old 03-30-2013, 7:09 PM
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Quote:
Originally Posted by SilverTauron View Post
The Feds disagree.

D.C.-and the Federal Drug Enforcement Administration-do not give one flat damn about local regulations permitting pot.

As of right now , its a Federal Schedule I controlled substance. Consume it and you are a drug user according to the Federal government, subject to prosecution like any crack fiend in the ghetto.

Mark "no" on the question asking if you're unlawfully using drugs , and you've just handed a juicy case to the DEA & the ATF. A Medical Marijuana card makes for an excellent piece of evidence in court that you're a drug user, and since drug users cannot own firearms, say hello to Charge #2, lying on the Form 4473.

The only reason people aren't being arrested en-masse for this is because of politics.
Well according to the state's web site:

What happens to my application and other private health information after I give it to my county’s MMP?
All patient information is covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and cannot be released without the patient’s signature or a court subpoena. The Medical Marijuana Application System does not contain any personal information such as name, address or social security number. It only contains the unique user ID number and when entered the only information provided is whether the card is valid or invalid.
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  #100  
Old 03-30-2013, 8:55 PM
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Quote:
Am I really reading this right?

The OP has a history of violently beating people and his wife has a history of illegal, schedual one drug use/possession AND they think they should be able to own firearms????
Let's not forget the 72 hour hold for the wife.
I'm going to go with the dissenters here. I don't think it's a good idea for this crew to have a gun.
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  #101  
Old 03-31-2013, 7:58 AM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
So they don't know the state regulations?
Probably not exacly why they couldn't tell you why you got denied as they probably only get the thumbs up or down.

HOWEVER

I generally wouldn't trust a FUDtard at a LGS to give me an accurate account of the time of day or what they had for breakfast while they're chomping on the last bite.

There's absolutely no way in hell I'd trust them to give me accurate intel about laws in CA - EVER.

YMMV
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  #102  
Old 03-31-2013, 8:15 AM
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Op has battery charges, tries to buy gun in wifes name? Wife that was going to do straw a purchase has drug, alchohol and resisting arrest charges, and was put on 72 hour watch for mental issues?

I'm sorry, I am glad you both can get a gun. I wonder what may have happened if guns were at hand when the above transgressions took place. Check back in 7 years, if you are cleared to go then more power to you.
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  #103  
Old 03-31-2013, 11:01 AM
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I always see threads like this pop up on Calguns and I fully expect to hear some smarmy TV reporter's voice a few days later saying he he went onto a popular gun website and asked how to circumvent the law and proved that gun people will gladly help someone acquire guns illegally.

As bad as the sob story is, I think as a group we need to emphasize that, as bad as the laws are, we are the ones who follow them.
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