i was reading this article about how people who use pot can't really buy guns, or they can, but its way too difficult....so whats going on with this? is it fair?
Marijuana and Guns don't mix or do they?
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i was reading this article about how people who use pot can't really buy guns, or they can, but its way too difficult....so whats going on with this? is it fair?
Marijuana and Guns don't mix or do they?
it's not a good idea to have guns where you grow. they will get you that much harder if they decide to mess with you. If they are for hunting and you don't need them around, get a storage unit or leave them with a trusted friend for safe keeping.
that said, you can purchase a gun in CO without lying on the federal form by purchasing from a private seller who is not a licensed dealer.
it's double jeopardy around here
HE is right. Having gun and drugs do not mix. ATF call it a 24c violation. It cares a 10 year jail term in federalQuote:
Originally Posted by copobo
my lawer has a client sitting in jail right now mmc owner transporting meds legaly with a legal gun legal conceled weapons permit all the proper paperwork for everything......hes looking at 8 years
you can't aim very well when you're stoned so it's best to just get a water pistol and fill it with vodka and fire away.:rastasmoke:
Yeah, don't do it if you have a grow or more than your 2 oz around.
I had a couple guns, a competition rifle and handgun, locked and unloaded and was looking at 8-48 if they decided to bend me over, I got lucky on that one...
Other weapons can be considered deadly, so also do not have batons, nunchucks, swords, fighting knives, etc. around... even a baseball bat placed right outside your growroom door is enough to be charged.
If I grow my own, I can't have a firearm in my house?
Dean-O
I don't know but I've been told,
If you never slow down you never grow old.
~T. Petty
So far every bodies advice is B.S.
It is illegal to purchase a firearm if you are a "addict" of marijuana.
ATF 24C violations should only apply if you are charged federally.
It would be nice, since they are legislating everything to hell that they would have dealt with this when making the law...
The fact of the matter is if you are legal and in compliance with A20 and HB1284 you have the right to own a firearm and use it to defend yourself.
Here is a case from Oregon - I know that it has no legal precedence here in CO but still...
Oregon judge rules medical marijuana doesnâ??t cancel handgun rights | The NORML Stash Blog
If you come in my house to steal or hurt me or my family you are going to die. I will not feel bad about it at all.
I'm all for as many guns in Colorado as possible. The bad guys are already all armed, so everyone else ought to be as well.Quote:
Originally Posted by greenghost
I don't recall what it says on the form for when you purchase a gun, but I know for a fact that you cannot have a concealed to carry license and mmj rec.Quote:
Originally Posted by asscore
It actually says "illegal user" on the questionnaire, which when they say illegal, they mean federally. Since mj is illegal federally, you will commit perjury if you lie on this form.
But that is for a concealed permit. I can't comment on already owning one because I have not researched it.
I know for a fact you can. :thumbsup:Quote:
Originally Posted by canaguy27
How can you without committing perjury? Please share the info because I would like to get it.Quote:
Originally Posted by HighPopalorum
They may mean it federally - but they don't explicitly say that. It would be very easy to argue that you were answering in good faith.Quote:
Originally Posted by canaguy27
what he/she ment to say was he/she knew for a fact he/she can...untill he/she gets caught.Quote:
Originally Posted by canaguy27
OR
untill he/she runs into the wrong leo or fed agent.sure you might run into a nice leo from time to time maybe with an oz on ya or something.but try to have a 1/2 lb or more and see what happens i'd bet it would/could have a whole diffrent outcome. it really just depends, but for one to say without a doubt they can. well we all know where the iq lvl of the person saying that would have to be.
IIRC, it's a double-sided state form you fill out for the CHL and all it asks is if you're an unlawful user, which you presumably are not. There's a fee and a background check by the Sheriff and that's that. Besides, if you really have qualms about the form and your legality, just stop smoking for whatever length of time it takes to assuage your conscience and answer "no." The permit is good for five years.Quote:
Originally Posted by canaguy27
This topic comes up all the time; I'm surprised people are so alarmed about it when there is no problem at all.
Just bought a new handgun last week and yeah they ask about mj use on the federal background form. Its pretty bad that in order to safe your federal government forces you to lie. The 10th Amendment overides all this but someone's got to do the court case to prove it.
I hate the way this country force law abiding citizens to break the law.
The 9th and 10th amendments, which may be the most important of all the bill of rights, have been dead letters since FDR's New Deal legislation was mostly upheld by his appointees to the Supremes. Obama's appointees make it even more unlikely than it was before(and it was damn unlikely before) that that will change any time soon.Quote:
Originally Posted by killerweed420
They do explicitly say that.Quote:
Originally Posted by asscore
If you stop smoking, then you don't need your medicine. If that is true, then you are supposed to turn over your card immediately according to law.Quote:
Originally Posted by HighPopalorum
And since if you have your card, you are federally an unlawful user, then technically you can't have your permit and red card.
I recognize it is just perjury, but it is still illegal.
*shrug*
To each his own.
Is it legal to have a medical marijuana prescription and purchase a firearm? No. But we can :D The key word in the law is USER:hippy:
Look at the BATFE's 4473 form, called the Yellow Sheet, which you must fill out when purchasing a firearm through a dealer. http://www.thundertek.net/documents/4473.pdf
Look at question 12 e. It asks a purchaser: â??Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?â?
Remember, this is a FEDERAL form, so itâ??s asking if the purchaser is a user to a (federally deemed) unlawful substance. Federal law still considers the use marijuana illegal. So, a legal Colorado user of marijuana could not answer 12 e. with a â??Noâ?. And if you answer â??Yesâ?, you canâ??t buy a firearm from a dealer.
Also, the 1968 Gun Control Act says (TITLE 18 > PART I > CHAPTER 44 > § 922) click here for a link:
(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 that such personâ??
(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));
Can someone who has a medical marijuana prescription possess a firearm? No.
18 U.S.C. § 922 (g)(3) and 21 U.S.C. § 802 both prohibit anyone who is a user or is addicted to any controlled substance, including marijuana, from possessing, owning, purchasing, receiving, or having within his custody any firearms.
Can someone who has a medical marijuana prescription get a concealed handgun permit? No.
From Colorado Revised Statutes, 18-12-203 Criteria for obtaining a permit
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
So, on every CCW application, you'll see this question:
"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
So, unless federal law is changed, application for a permit usually is denied, since federal law still considers the use of marijuana unlawful
I worry about having a gun, cause if the courts don't let you use your medical MJ defense, then you are up the creak, marijuana cultivation with possession of a firearm = jail.
Quote:
Originally Posted by toldyaso1
Excatly again there was a man sitting in Colorado jail not too long ago for having a legal gun legally conceilled with legal pot he is looking at 8 years right now it's fun to play internet lawyer....but in the real world you can get locked up for having guns and pot
I agree. It is splitting hairs, but it takes one asshat DA or officer to make your life hell.Quote:
Originally Posted by HighPopalorum
I believe that asshat is a prerequisite for DA.Quote:
Originally Posted by canaguy27
even if it was "legal"on the state lvl,lets not forget the feds.either way no matter if it is or not we all know the leo's can and do as they please.lets remember what the leo's will say "it's not my job to interpret the law".they don't care it's not there job to care.so as i said b4 it's who comes knocking or pulling you over as to how"legal" it will be.Quote:
Originally Posted by MimbresValley
Owning a gun is a basic constitutional right, and a human right. The government should not be able to take these rights away under any circumstances.
We need to stand up for our rights now, before they are gone. I dont want to trade one for another.
Only way they are taking my guns away is out of my cold dead hands.
No one's guns are being taken away because he or she is a mmj patient, and no one is being prevented from buying new guns or getting a CHL. No one is cross-checking the registry in these cases and no one ever will. There's no reason to be upset simply because the wording of a form has not yet been changed to reflect current policy.
Lots of important documents and forms will have to be updated as legalization proceeds and the stigma associated with MJ fades: leases, employment contracts, government forms will all have to be revised. That will take time.
i agree 100%Quote:
Originally Posted by neversummer
lmao the last sentence was pretty funny i have to say.i'll ask ya this which policy are you referring too? im guessing you mean state policy?you do know fed trumps state? those documents you are referring to are fed documents are they not i'll answer that it's a YES THEY ARE.so unless you know something about the feds changing policy that i and the rest don't please let us know.Quote:
Originally Posted by HighPopalorum
ps the "no one ever will" part in your sentence implys that you know with out a doubt that is'nt and or will never happen.that means you would have to be one of those people in charge to make a decision like that, are you?
i'll clue you in on something the gov and feds/cia, can and do as they please.a handful of paperwork means nothing to them anyways they do it everyday so please don't kid yourself.
the way you think or atleast appear to think online has me wondering if it's just internet talk or really practiced in real life?are you saying you do or would have all of your weapons in the same room as your grow or the next room over and think if feds come in im fine?im guessing you would, because you seem to think as if some secret policy change happened, that no one knows about and all is needed is for it to be revised?just wandering.
Keep wandering, someday you'll find where you are trying to go.Quote:
Originally Posted by toldyaso1
to bad that was'nt as clever as you had hoped huh?show me anywhere in that post where i am wrong instead of trying to just be cute.but thats what most do when they have nothing of substance to say.:wtf:Quote:
Originally Posted by senorx12562
You clearly already know way more about everything than I, so I would never presume to try to show you where you are wrong. Your user name pretty much says it all doesn't it?Quote:
Originally Posted by toldyaso1
I'd like to remind you all that the DEA is part of local drug task forces and if you are AT ALL outside of state laws (more than 2 oz at home) AND have a deadly weapon you may be looking at an
8 year Mandatory Minimum Sentence
So why don't you just keep your guns somewhere else and have a tazer / bear spray for self defense if you have a grow?
Also... those that have a family to defend, think about you getting a 10 year sentence and how that might affect you and your family. Do you think that is an acceptable risk to take?
well seeing that you quoted the post that talks about the paperwork you fill out is fed paperwork and that fed law trumps state law maybe im missing something here?so if you disagree with that post means you believe that the paperwork is not fed and or fed does'nt trump state?:wtf:Quote:
Originally Posted by senorx12562
Wow I had no idea.