Sacramento

[Wang Lung]

I renewed last week and had an interesting thing happen.

During my interview, the interviewer asked me the questions on the form. When he got to the question asking if i had ever "utilized" a controlled substance, he completely ignored it and instead asked me if i had a marijuana card.

FYI, in spite of their declaration they do not make copies of documents, they did in fact make copies of my utility bills and training documents. I guess they thought my color copies were originals.

[Bainter1212]

I renewed last week and had an interesting thing happen.

During my interview, the interviewer asked me the questions on the form. When he got to the question asking if i had ever "utilized" a controlled substance, he completely ignored it and instead asked me if i had a marijuana card.

FYI, in spite of their declaration they do not make copies of documents, they did in fact make copies of my utility bills and training documents. I guess they thought my color copies were originals.

Did you have to bring in any of the same docs as your initial?

I am wondering if they will want my DD214 again. I gave it to them the first time.....one would assume they keep records from the initial appointment, right?

[xtor]

Did my pistol mod today, in and out in 10 minutes. They said, "come back anytime, we like the $10 dollars! "

DV65

[Sapperforward]

I renewed last week and had an interesting thing happen.

During my interview, the interviewer asked me the questions on the form. When he got to the question asking if i had ever "utilized" a controlled substance, he completely ignored it and instead asked me if i had a marijuana card.

FYI, in spite of their declaration they do not make copies of documents, they did in fact make copies of my utility bills and training documents. I guess they thought my color copies were originals.

They asked me if I had an MJ card as well. I was kind of surprised by that. I figured it was because I had admitted to using pot as a teen.

[M&PMarine]

They asked me if I had an MJ card as well. I was kind of surprised by that. I figured it was because I had admitted to using pot as a teen.

Not that I have one mind you because I do not but I wonder what the result is if someone says Yes?

[Sapperforward]

If you did you would be a prohibited person for ccw and gun purchases automatically.

When you DROS form 4473 :
11.(e)

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

If you check yes than no guns for you. If you have a medical MJ card It is reasonable to believe you actually use your prescription.

Sacramento CCW application :
Section 7 question 3

Are you now, or have you ever been, addicted to a controlled substance or alcohol, or have you ever utilized an illegal controlled substance, or have you ever reported to a detoxification or drug treatment program. If yes, please explain.

More or less the same thing as form 4473. I'm guessing they view it almost like constructive possession. If you have the card, you smoke the dope. If you smoke the dope you are in the prohibited category.

Someone wiser than myself may expand or clarify this information. I have no idea if their are timelines attached to it, like 5 years for use or whatever bar they may have setset.



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[xtor]

Not that I have one mind you because I do not but I wonder what the result is if someone says Yes?

The result is, you don't get a ccw permit.

DV65

[M&PMarine]

The result is, you don't get a ccw permit.

DV65

I am Cool with that! You cannot Drink and Carry, at least not at the same time. So Smoke and Carry should follow the same track.

[Bainter1212]

If you did you would be a prohibited person for ccw and gun purchases automatically.

When you DROS form 4473 :
11.(e)

If you check yes than no guns for you. If you have a medical MJ card It is reasonable to believe you actually use your prescription.

Sacramento CCW application :
Section 7 question 3


More or less the same thing as form 4473. I'm guessing they view it almost like constructive possession. If you have the card, you smoke the dope. If you smoke the dope you are in the prohibited category.

Someone wiser than myself may expand or clarify this information. I have no idea if their are timelines attached to it, like 5 years for use or whatever bar they may have setset.



Sent from my SAMSUNG-SM-G870A using Tapatalk

Yes there is a timeline.

I disclosed long-ago marijuana usage and explained that it was something I don't do anymore, haven't for a long time and had no intention of picking back up.

I was approved.

[Ari_Gold]

If you did you would be a prohibited person for ccw and gun purchases automatically.

When you DROS form 4473 :
11.(e)
Quote:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
If you check yes than no guns for you. If you have a medical MJ card It is reasonable to believe you actually use your prescription.


In regards to DROSing a gun are we sure a MJ card disqualifies you? Notice it says "unlawful user" Meaning you illegally obtained the drug. If you legally obtain MJ, or a prescription drug and are not addicted then couldn't you technically answer "NO" to that question. Now obtaining a CCW is a completly different story obviously.

[Bainter1212]

If you did you would be a prohibited person for ccw and gun purchases automatically.

When you DROS form 4473 :
11.(e)
Quote:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
If you check yes than no guns for you. If you have a medical MJ card It is reasonable to believe you actually use your prescription.


In regards to DROSing a gun are we sure a MJ card disqualifies you? Notice it says "unlawful user" Meaning you illegally obtained the drug. If you legally obtain MJ, or a prescription drug and are not addicted then couldn't you technically answer "NO" to that question. Now obtaining a CCW is a completly different story obviously.

The "unlawful user of or addicted to" is a question that is referenced in detail in US code. There IS a specific time period and set of circumstances that apply.

As far as having a medical card goes, that probably should be scrutinized although keep in mind, you would need one of these cards even if you only grew for medical patients and DID NOT use yourself. Then question 11e would not apply.

[Bainter1212]

Here you go:

Unlawful user of or addicted to any controlled substance.*A person who uses a*controlled substance*and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, nonjudicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.

Definition from*27 CFR 478

[Sapperforward]

IIn regards to DROSing a gun are we sure a MJ card disqualifies you? Notice it says "unlawful user" Meaning you illegally obtained the drug. If you legally obtain MJ, or a prescription drug and are not addicted then couldn't you technically answer "NO" to that question. Now obtaining a CCW is a completly different story obviously.

If you have an MJ card you are supposed to mark yes to 11.(e), justification is below as well as the last paragraph in the link provided below.

Here you go strait from the DOJ/BAFT about medical MJ card holders. If you have a card you are prohibited. Same goes for CCW. Took me a second to find it. As for how long you are prohibited I can't find anything directly from the DOJ/BAFT on the subject. Only what people have heard from others.

http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf

They key wording is in bold, "reasonable cause to believe". So like I said earlier it's similar to constructive possession.

So whether you smoke or not, if you have a card you are prohibited by law.

That doesn't mean that your DROS will be denied or CCW application, unless you are honest and tell them. If you did tell an FFL that you had a card, regardless of whether you smoke or not he couldn't sell to you. However, without a subpoena the DOJ or BATF can't look at your private medical files. They wouldn't even think to.

In real life though I think we all know that their are plenty of members on this site that use MJ and have their card but they still buy guns. I don't have a problem with a recreational user owning firearms. I do have a problem with someone using a firearm while under the influence, regardless if its drugs, prescribed or otherwise or alcohol. As far as CCW goes I think if you carry and are under the influence you should be hung by your balls tell dead. Who wants someone in a fog shooting in a pressure situation? Or worse use the gun on law enforcement because he knows it's an instant felony to posses drugs and a firearm, even with a ccw.

[Wang Lung]

I'm no advocate, but I find it odd that someone can have a prescription for oxycontin and be A-OK. But if they have a MJ card they are not.

[Markinsac]

I'm no advocate, but I find it odd that someone can have a prescription for oxycontin and be A-OK. But if they have a MJ card they are not.

The difference is that the first drug is a legal drug, and almost all paperwork you fill out will warn about firearms when under the influence.

The latter is an ILLEGAL drug in Federal law, and triggers prohibitions.

Just like alcohol, cold syrup, etc., you have to exercise caution if near any firearm. Critical thinking can be affected when using anything. Got a headache? Whether or not you're taking anything for it, your response to stimuli is affected.