Forfeit Firearm if obtain a medical marjuana card?

[Nickalapokis]

There is quite a bit of misinformation being thrown around in here. Anytime you apply for a MMIC card(theres an I in there) it states this falls under Dr-Patient confidentiality and any branch of the gov CANNOT demand them release any records pertaining to you (entrapment??). Granted if they want it, they can and will get the info, but then thats where lawyers come in if you're that far down the law hole because that is usually illegal(depending on if it was a violent offense I believe).

So bottom line, don't say, don't tell. If you get caught its usually because you messed up somewhere. And yes guns and weed is still a big No-no on the legal level even in CA. Whats to stop a local PD or sheriff from just bringing federal charges on you if they are having a bad day for the weed OR the guns; pick your crime. OR keep guns and weed separate and don't get into unneeded LEO interactions.

-From someone who isn't me that works in the industry

[Carcassonne]

Just sell them all to me, $500 for the lot.

$510


.

[robertkjjj]

I believe 4473 states Are you currently using or addicted to?

Just FYI, add any auto accident or any motor vehicle type situation and your going to get a blood test... Ive seen this with the most legit drivers. Its now procedure CHP.

I would venture to say: You could had been an X alcoholic, proud holder of your AA coins. A once X-drug user, X-MMC holder, that doesn't apply to today.


No drugs or booze in your system or possession and truly free from all the evils you should be good to go.

...........................

I once heard a rumor that there was some guy, somewhere, some time long ago, that actually wasn't precisely 100% honest on his 4473. I'm sure it was just a rumor, but gee, who knows.
Be advised, if your government is going to routinely use lies, doubletalk, and BS to violate your rights, then perhaps the other side should start taking some lessons from that.

[-hanko]

So bottom line, don't say, don't tell. If you get caught its usually because you messed up somewhere. And yes guns and weed is still a big No-no on the legal level even in CA. Whats to stop a local PD or sheriff from just bringing federal charges on you if they are having a bad day for the weed OR the guns; pick your crime. OR keep guns and weed separate and don't get into unneeded LEO interactions.

-From someone who isn't me that works in the industry

That's somewhat of a far cry from Calguns.net normal direction to follow the law.

A local PD or sheriff doesn't file federal charges against someone...that's done by the U.S. attorney.

[fiddletown]

....I thought it was the pot that was the problem, not the card.

Under 18 USC 922(d)(3) (emphasis added):

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe

(1) ...

(2)...

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));...

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:

...(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));...

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.

[Wiz-of-Awd]

Surely, there must be some (legal) mechanism to implicate the state as a conspirator to the illegal use of a substance, regarding all this MJ stuff.

The state promotes, encourages - via voting to legalize for recreational use, enables and will be taxing the product, collecting revenue from the use and possession of an illegal substance.

A.W.D.

[cvigue]

My understanding exactly. Just because you have the card, doesn't mean you're using. If my doctor prescribes me oxycodone but I never fill the rx, is that the same as taking the drug?

My Dr likes to write scripts, I never fill the vast majority of them unless it's an antibiotic or something.

[cvigue]

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.

We have way too many laws.

We need a constitutional amendment to require all laws have a 7 year sunset. Renewing worthwhile laws would give legislators something to keep them occupied instead of dreaming up more BS to prove they're "doing something".

[fiddletown]

We have way too many laws.

We need a constitutional amendment to require all laws have a 7 year sunset.....

Well okay. Go ahead and get it done.

[GM4spd]

Well okay. Go ahead and get it done.

LMAO

[HUTCH 7.62]

You seem to have nothing but problems when it comes to firearm possession.
http://www.calguns.net/calgunforum/s....php?t=1202864

Nice. And yes I don't think the OP is responseible enough to own a Firearm.

[RickD427]

We have way too many laws.

We need a constitutional amendment to require all laws have a 7 year sunset. Renewing worthwhile laws would give legislators something to keep them occupied instead of dreaming up more BS to prove they're "doing something".

Well okay. Go ahead and get it done.

Fiddletown,

Please, go easy on the young lad.

How about we let him accomplish an easier task first, just as a "warm up", like finding a cure for cancer, or solving the world hunger problem.

Never stifle a man with initiative, just help him a little with the perspective.

[HUTCH 7.62]

A MMJ card does not protect one from arrest and prosecution for drug possession. My neighbor learned that a few years ago.

His brother attempted to sell MJ to a DEA agent who was part of a multi-agency task force tasked with going after drug dealers and gang-bangers and charging them with Federal crimes to put them away for a long time as most had multiple arrests and were back out on the streets because of CA revolving door prison policies.

The brother told the DEA agent he grew for his brother who had a MMJ card. So they got a warrant and raid his house. It was exciting to have a dozen cop cars from different agencies come driving down the street, blocking off the street, my driveway and that of the houses nearby, and the cops jump out with all sorts of guns drawn and watch a no-knock warrant go down.

I heard the questioning as my window was 5 feet from where they questioned my neighbor. He told them where to find his MMJ card. He was growing in his backyard. He was growing more than legally allowed. He was surprised to learn that the card did not protect him from Federal charges.

All the time I was listening to him spill his guts I was thinking to myself he should STFU and get a lawyer.

An hour into the search, a Fed came out with a handgun. They informed him that even with a MMJ card, he could not posses a gun. Rather than a 5 year prison term it was now a 10 year term. They had him because they were going to charge his wife with the same unless he took their deal. He confesses to the charges, she goes free and he does 10 years. That is what he did.

He was caught because of the actions of his brother.

Gotta ask, is the brother banging the wife?

[fiddletown]

Fiddletown,

Please, go easy on the young lad.

How about we let him accomplish an easier task first, just as a "warm up", like finding a cure for cancer, or solving the world hunger problem.....

You're right. He should have the opportunity to start slow and build up to the hard job.

Maybe he could find my missing blue stock.

[USMCM16A2]

Waiting on Sessions to **** hammer the Potheads.

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.