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Forfeit Firearm if obtain a medical marjuana card?
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"Simplify, then add lightness." - Colin Chapman -
Under 18 USC 922(d)(3) (emphasis added):
In Wilson v. Lynch (Ninth Circuit, No. 14-15700, 2016) in essence concluded that having a MMC was "reasonable cause to believe" that the holder of the card was an unlawful user of a controlled substance. The Ninth Circuit understood, and explicitly said, that one could possess the card and not be a user of marijuana. But still possession of the MMC "reasonable cause to believe" that the person with the card was a user and thus subject to 18 USC 922(d)(3).
On the other hand, under 18 USC 922(g)(3). it's unlawful for someone:to possess a gun or ammunition.
So for the purposes of being convicted on the basis of marijuana use of the crime of being a prohibited person in possession of a gun being an actual user, not just an MMC card holder, is necessary. Whether, especially in light of Wilson, in the case of someone with a gun and an MMC the MMC is sufficient probable cause to support a court order for a drug test has not, as far as I know, been addressed by the courts.Comment
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Folks,
Well, here we are again, MMJ is this, helps for that, it should be legalized. No matter how you stoners out there spin it, it is illegal. It is another intoxicant, like alcohol. If your drunk using a firearm, you should lose your 2A rights.
I am praying for the day when the DOJ of US, sends the ATF in to arrest, close down the pot shops. Throw the owners in for trafficking, gets the list of buyers of their crap, and takes all of their guns.
Pot smokers/alcoholics are losers, and need to be treated as such. A2 Just in case, same to you.
And it's DEA that kicks in the doors of dispensaries not ATF.
It is illegal federally and for that reason yeah, you make your bed sleep in it. You can't buy guns. Want the guns? Quit the ganja it's that simple until something. Changes in regards to the classification of pot federally. As simple as that. Those are the facts of the matter. Not some judgemental high horse riding bull**** that this fool is spewing. Non of this guilty until proven innocent **** acting like because you smoke pot and/or drink and own guns at the same time you will without a doubt commit a crime, that is emotional and feel good gun control adding laws to the books on a subject that in the ****ing writing from 200+ years ago says "shall not be infringed." That is no better than the magazine bans and aw bans forced down the throats of law abiding citizens that will not even have any kind of impact or affect crime and violence rates just increase the number of potential victims.
This guy is no better than Gavin Newsom or Jerry Brown.
Sent from my SM-G935T using TapatalkComment
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Dear potheads.
Dear Potheads,
THE LAW SAYS IT IS ILLEGAL. No matter how much you yell about pots virtues, read the previously mentioned. This state used to be full of decent hard working people, you advocates of weed are part of the problem. Smoke weed, get your guns taken away. READ IT,UNDERSTAND IT. A2Comment
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How about just don't use pot?
Isn't that simple?
Leave it to a drug addict to complicate the crap out of anything SMFHComment
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I don't have a problem with people smoking pot, as long as being clean is a requirement for both getting on welfare AND voting.sigpicNRA Benefactor MemberComment
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Non of this guilty until proven innocent **** acting like because you smoke pot and/or drink and own guns at the same time you will without a doubt commit a crime, that is emotional and feel good gun control adding laws to the books on a subject that in the ****ing writing from 200+ years ago says "shall not be infringed."
As for legalization, to me drugs are similar to open borders - the more you have them, the less the society can/should have the social floor to take care of everybody. In the early days, anyone could become an immigrant as long as they carried their own food and had their own way of surviving. You either swam or sank. The same should be with drugs - if you choose to use them, don't come to me to pay for getting your life back in order. It's a tough world out there...sigpicNRA Benefactor MemberComment
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Dear Potheads,
THE LAW SAYS IT IS ILLEGAL. No matter how much you yell about pots virtues, read the previously mentioned. This state used to be full of decent hard working people, you advocates of weed are part of the problem. Smoke weed, get your guns taken away. READ IT,UNDERSTAND IT. A2
Always thought from the postings on here,there are many users of mj living here. I've raised eight kids and I'm not
keen on their use of the stuff. They're all grown but a few still haven't grown out of the stuff. Their judgement in
some everyday situations leaves a lot to be desired. I can't imagine them handling firearms while they are
indulging themselves.Last edited by GM4spd; 04-07-2017, 7:23 PM.Comment
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Isn't that simple?
Leave it to a double standard to decide who is right and who is wrong.
It is funny though, that I bet many of these debates were had during prohibition, yet here we are today and nobody is concerned with alcohol the way they were in those days.
A.W.D.Seven. The answer is always seven.Comment
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My biggest fear is that one day I will die and my wife will sell my guns for what I told her I paid for them.
WTB: https://www.calguns.net/calgunforum/...6#post27313406Comment
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These people are why we have lost our rights.
Folks,
Pot heads, alcoholics, other drug users are zeros. You pick up the bong, you pick up the bottle, you pick up the needle. You make voluntary choice to **** up your life. California has become the land of losers, where personal responsibility no longer exists.
The Capital is filled with people who are apologists, excuse makers, and weak minded flabs. I am all for equal rights, for all. But it has become all to common for people who just want the rest of the world to pay their way. If the law is broken, the perp should be slammed.
The same reasons why California has all its problems is because of he dickless majority cannot turn and face the problems. And our elected officials are ****, traitors, cowards. A2Comment
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AWD what double standard?
AWD,
What double standard? The law is clear as day. 4473 says use pot, lose your your 2A rights. Like alcohol it is just another intoxicant, I would have no trouble if alcohol was involved in the unlawful use of a firearm then it is a permanent loss of your 2A right. A2Comment
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If you smoke pot and own guns you DID commit a crime. I might not agree that it *should* be a crime, but it is at the moment. Nothing emotional about that.
As for legalization, to me drugs are similar to open borders - the more you have them, the less the society can/should have the social floor to take care of everybody. In the early days, anyone could become an immigrant as long as they carried their own food and had their own way of surviving. You either swam or sank. The same should be with drugs - if you choose to use them, don't come to me to pay for getting your life back in order. It's a tough world out there...
Sent from my SM-G935T using TapatalkComment
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