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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #41  
Old 09-24-2020, 8:33 AM
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Quote:
Originally Posted by mlucas3 View Post
I know this thread is over a year old, but I think its good for people to hear my CCW results. So I just had my CCW interview with a Placer Sheriff in Auburn. I answered all the questions truthfully and was denied. I was asked when the last time I used marijuana and I said close to 2 years ago. He denied me and said that federally I cannot legally possess a gun or ammo because marijuana is a schedule 1 drug. "Persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana)". He told me to re-apply in a year. I could not find anything that classifies the definition "user". I guess I am confused as to why a 1 time use almost 2 years ago classifies me as a "user". If my 1969 Charger is sitting in my garage and I haven't touched it or driven it in 2 years, then am I "using" it? If I haven't used marijuana in 30 days, then I am also not "using" it. Pretty slippery slope if you ask me. I also don't see anything about any kind of 3 year rule. Anyhow, it is at the discretion of the interviewing officer to make the determinization of the moral character of the candidate. So not much I can do, but if I had lied, I would have my CCW right now.
I'm also in Placer so I have knowledge of their policies. They define "less than 3 years ago" as recent use. It's not really wrong... someone who used less than 2 years ago is more likely to use again than someone who last used 3+ years ago. That's just a fact. It's not political - they're just covering their behinds since they don't want their CCW holders getting busted with federally-illegal drugs. Just continue your non-usage for another year and then apply again.
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Last edited by CandG; 09-24-2020 at 8:37 AM..
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  #42  
Old 09-24-2020, 8:37 AM
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First and foremost - STOP POSTING ABOUT TAKING ILLEGAL DRUGS!

Start there! Then figure your life out after that!

Asking a board full of members, and if you read the tone - 99.99% don't do drugs, and if they do, they don't broadcast it - is not smart. You're speaking to an audience that is not YOUR audience!
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  #43  
Old 09-24-2020, 8:54 AM
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Originally Posted by downdiver2 View Post
First and foremost - STOP POSTING ABOUT TAKING ILLEGAL DRUGS!

Start there! Then figure your life out after that!

Asking a board full of members, and if you read the tone - 99.99% don't do drugs, and if they do, they don't broadcast it - is not smart. You're speaking to an audience that is not YOUR audience!
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  #44  
Old 09-24-2020, 9:09 AM
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Originally Posted by mlucas3 View Post
I know this thread is over a year old, but I think its good for people to hear my CCW results. So I just had my CCW interview with a Placer Sheriff in Auburn. I answered all the questions truthfully and was denied. I was asked when the last time I used marijuana and I said close to 2 years ago. He denied me and said that federally I cannot legally possess a gun or ammo because marijuana is a schedule 1 drug. "Persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana)". He told me to re-apply in a year. I could not find anything that classifies the definition "user". I guess I am confused as to why a 1 time use almost 2 years ago classifies me as a "user". If my 1969 Charger is sitting in my garage and I haven't touched it or driven it in 2 years, then am I "using" it? If I haven't used marijuana in 30 days, then I am also not "using" it. Pretty slippery slope if you ask me. I also don't see anything about any kind of 3 year rule. Anyhow, it is at the discretion of the interviewing officer to make the determinization of the moral character of the candidate. So not much I can do, but if I had lied, I would have my CCW right now.


These applications are public record. Several large news organizations are scrutinizing these applications and the issuance of CCWs. Sheriffs are under political pressure to make getting a CCW hard if not impossible. They cannot risk an entire program, so they err on the side of caution. Try again in a year.
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  #45  
Old 09-24-2020, 11:01 AM
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And now, it's possible that the Feds might come and take your guns away.
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  #46  
Old 09-24-2020, 11:07 AM
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Quote:
Originally Posted by mlucas3 View Post
I know this thread is over a year old, but I think its good for people to hear my CCW results. So I just had my CCW interview with a Placer Sheriff in Auburn. I answered all the questions truthfully and was denied. I was asked when the last time I used marijuana and I said close to 2 years ago.
So, “less than” two years ago, right?
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Originally Posted by mlucas3 View Post
He denied me and said that federally I cannot legally possess a gun or ammo because marijuana is a schedule 1 drug. "Persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana)". He told me to re-apply in a year. I could not find anything that classifies the definition "user".
Broadly, that’s correct, but lacking a definition of “unlawful user”, the IA has broad discretion in applying that term.
You can appeal the decision and raise your points. (Leave out the car analogy). At the end of the day, the IA still holds the responsibility for everything he issues. (Sac Sheriff has a hard rule of denial for illegal drug use in last 5 years.)

And, as SkyHawk noted, every aspect of these programs is being looked at by the media and also the Legislature. The Santa Clara County Sheriff is currently being looked at for selling licenses to the affluent.

He “may” issue to you, but currently has cause not to.
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  #47  
Old 09-24-2020, 11:36 AM
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......in Sacramento.......you won't even make it to the interview. MJ card is an automatic rejection.
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  #48  
Old 09-24-2020, 5:36 PM
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Quote:
Originally Posted by mlucas3 View Post
I could not find anything that classifies the definition "user". I guess I am confused as to why a 1 time use almost 2 years ago classifies me as a "user". If my 1969 Charger is sitting in my garage and I haven't touched it or driven it in 2 years, then am I "using" it? If I haven't used marijuana in 30 days, then I am also not "using" it. Pretty slippery slope if you ask me.
In 2016, Federal Courts ruled that mere possession of a medical marijuana card was proof the card holder was a "user" (even if the card holder had never used marijuana) and prohibited from owning/possessing firearms or ammunition.
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Last edited by Quiet; 09-24-2020 at 6:16 PM..
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  #49  
Old 10-05-2020, 2:37 PM
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They don't call it dope for nothing. I can proudly say that I've never used drugs in my whole life. I don't even drink alcohol.
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  #50  
Old 10-05-2020, 6:01 PM
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Well I'm certainly glad this thread is still going...
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  #51  
Old 10-17-2020, 1:29 PM
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Quote:
Originally Posted by ZirconJohn View Post
OP - Exactly like alcohol and guns don't mix, drugs and guns DO NOT mix either.

IF you have a MMC, you use the marijuana drug, you are addicted ... get yourself into a 10 step program and start your way onto the road to recovery.

Forget walking the thin line between legal, not legal this, that, and the other ...,

This is this! ---► Guns; alcohol and drugs ... DO NOT MIX ...!

Good luck sir
While I agree....

There is an ATF Alcohol Tobbaco and Firearms Joke in there somewhere
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  #52  
Old 10-17-2020, 2:36 PM
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I see the art of keeping one's mouth shut is still a rarely practiced one. Try it sometime OP.
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  #53  
Old 10-17-2020, 3:05 PM
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Clark County Nevada asks about marijuana use within the past year. I remember that for a year after a non-violent drug possession misdemeanor CA DOJ would deny a firearm purchase. It appears the time after last use to be legal is generally presumed to be one-year.
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  #54  
Old 10-18-2020, 1:41 PM
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Quote:
Originally Posted by flyer898 View Post
Clark County Nevada asks about marijuana use within the past year. I remember that for a year after a non-violent drug possession misdemeanor CA DOJ would deny a firearm purchase. It appears the time after last use to be legal is generally presumed to be one-year.
Nevada laws [NRS 202.360] prohibits a person that uses marijuana from owning/possessing firearms.

Nevada laws [NRS 202.3657] allows a Sheriff to deny/revoke a CCW permit to a person who habitually consumes alcohol or a controlled substance. A person meets this requirement if they have ever been convicted of an alcohol or drug related crime within the last 5 years or have gone to rehab for alcohol/drug use within the last 5 years.

LVMPD policy is that anyone who does not possess/consume marijuana within the last year is assumed to not be an addict or habitual user.



Nevada Revised Statue 202.360
1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(f) Is an unlawful user of, or addicted to, any controlled substance
3.  As used in this section:
(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. 802(6).
(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

Nevada Revised Statue 202.3657
4.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
(1) Convicted of violating the provisions of NRS 484C.110; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
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Last edited by Quiet; 10-18-2020 at 2:14 PM..
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  #55  
Old 10-18-2020, 4:10 PM
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Originally Posted by Quiet View Post
Nevada laws [NRS 202.360] prohibits a person that uses marijuana from owning/possessing firearms...
So do the feds; the 4473 asks that question. A state's position on pot is irrelevant as it's still illegal federally. Federal law trumps state law.
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  #56  
Old 10-19-2020, 1:01 PM
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Be a politician, deny, deny, deny. Telling the truth is a trick that you parents tried to train you on and so do the police. You admit to breaking a law, shows bad character and no CCW.
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  #57  
Old 10-19-2020, 1:25 PM
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If they can show (background check), or assume you were in possession of firearms and ammunition when you were admittedly using, (+2 years ago) then you willingly violated federal law. Not a great proof of moral character even if you are a good guy.
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  #58  
Old 10-19-2020, 4:00 PM
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed unless you smoked pot.

That's how it goes, right?
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  #59  
Old 10-19-2020, 4:32 PM
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Originally Posted by ACfixer View Post
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed unless you smoked pot.

That's how it goes, right?
Well, use of pot might impact the concept of a “well-regulated” militia....

De-regulation of pot might “de”-regulate the militia.
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  #60  
Old 10-19-2020, 5:26 PM
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Originally Posted by Dvrjon View Post
Well, use of pot might impact the concept of a “well-regulated” militia....

De-regulation of pot might “de”-regulate the militia.
Since pot smoking wasn't an illegal thing (as far as I know) in 1791, I'm not so sure. To be clear, I don't smoke pot, drink, smoke, or use any drugs... I'm just seeing a pretty clear infringement on someone's rights for allegedly doing something pretty darn minor. They have not been convicted of any crime.

I know we generally do not like pot here on CG, and I am no exception... I think it's stupid to smoke it. But a lot of things are stupider and you still get to keep your guns.
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  #61  
Old 10-24-2020, 8:35 PM
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Quote:
Originally Posted by mlucas3 View Post
I answered all the questions truthfully and was denied.

Don't do drugs, m'kay?
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