Legal Opinion On Gun Ownership and Marijuana

[Wvroach]

I agree,its a double edge sword for sure. As for who decides competency......one has to look in the mirror i suppose. Stupidity seems to be gaining ground real fast with some people.

Agreed, individual responsibility is key and that starts in the home. Way to many people are not held accountable anymore.

That doesn't mean Govt. Or anyone else can dictate who is allowed to have the right of self defense.

I don't care if your a felon if you are released back in to society and deemed safe you should be able to protect yourself and all rights should be restored. On that same token I do believe people should get training but I do not believe it should be a prerequisite to carry a firearm.

 

[4rcgoat]

Agreed, individual responsibility is key and that starts in the home. Way to many people are not held accountable anymore.

That doesn't mean Govt. Or anyone else can dictate who is allowed to have the right of self defense.

I don't care if your a felon if you are released back in to society and deemed safe you should be able to protect yourself and all rights should be restored. On that same token I do believe people should get training but I do not believe it should be a prerequisite to carry a firearm.

Agreed

 

[thinhorn_AK]

Do people actually smoke weed after they get out of college???

Why not just not admit to smoking it, problem solved...

 

[wind gypsy]

I'd guess it's a non-issue almost all the time unless a MJ using individual has authorities after them for something else and the authorities choose to use charges for the MJ use/Firearm ownership combo because it's easier to prove or to tack on additional charges that make a plea more likely.

 

[roadrunner]

States legalizing mj does not mran the feds have. All the feds have done is told the states to regulate to ensure minors can't get it same as tobacco products and to tread lightly.

Still isn't legal on a federal level...

 

[brsnow]

Gun ownership and prescription drugs in general would become a problem if medical marijuana becomes an issue. Slippery slope

 

[4rcgoat]

Gun ownership and prescription drugs in general would become a problem if medical marijuana becomes an issue. Slippery slope

^^^^^Exactly!

 

[wesfromky]

I'd guess it's a non-issue almost all the time unless a MJ using individual has authorities after them for something else and the authorities choose to use charges for the MJ use/Firearm ownership combo because it's easier to prove or to tack on additional charges that make a plea more likely.

""Kollie is accused of lying on a federal form, when he purchased a pistol for himself in May, that required him to answer whether he is a user of any drugs illegal under federal law. Kollie answered no, and officials say that this was a federal crime."

Friend Of Dayton Shooter Will Remain In Jail After Judge Denies Motion For Release

Lawyers for Ethan Kollie asked the court to consider "less restrictive" options than jail. Law enforcement officials say he purchased body armor and an ammunition drum used in the Aug. 4 shooting.

www.npr.org

 

[wind gypsy]

""Kollie is accused of lying on a federal form, when he purchased a pistol for himself in May, that required him to answer whether he is a user of any drugs illegal under federal law. Kollie answered no, and officials say that this was a federal crime."

Friend Of Dayton Shooter Will Remain In Jail After Judge Denies Motion For Release

Lawyers for Ethan Kollie asked the court to consider "less restrictive" options than jail. Law enforcement officials say he purchased body armor and an ammunition drum used in the Aug. 4 shooting.

www.npr.org

Thanks for sharing. That is a good example of what I was thinking of. They didn't have anything on the dude for buying parts used in a mass shooting but sure used the MJ thing to place some heavy charges.

 

[Sccritterkiller]

I'd guess it's a non-issue almost all the time unless a MJ using individual has authorities after them for something else and the authorities choose to use charges for the MJ use/Firearm ownership combo because it's easier to prove or to tack on additional charges that make a plea more likely.

Agreed kind of like 922r compliance...I am sure they can use it if they have nothing else to hold you on and your not "helping" with the investigation...but I can't see them stopping me at the range counting non USA made parts looking for the 11th...

Any idea how many folks have just been charged with just a 922r violation and nothing else...bet its really low number.

 

[4rcgoat]

If my weapons started having periods I don't think I could handle it if I'm being honest.

....took me a minute

 

[Squincher]

Gun ownership and prescription drugs in general would become a problem if medical marijuana becomes an issue. Slippery slope

Medical marijuana has been a firearms prohibition since it's inception. How far are we down your slope so far?

 

[P Carter]

Thanks for sharing. That is a good example of what I was thinking of. They didn't have anything on the dude for buying parts used in a mass shooting but sure used the MJ thing to place some heavy charges.

Plus, making a false statement to the feds can be a standalone felony. It’s the Barry bonds, Al Capone route — they can’t get you on using steroids, but they can get you for making a false statement; they can’t get you for gambling, but they can get you for tax evasion.

You can sign the form and hope that they won’t enforce against you, but you have then placed yourself in a position where the feds’ enforcement priorities/discretion is the only thing standing between you and a felony charge.

The odds of enforcement may be very low, but I would suggest that it’s better to simply avoid the drug that is illegal under federal law.

 

[brsnow]

Medical marijuana has been a firearms prohibition since it's inception. How far are we down your slope so far?

Hippa protects the person, nobody has a right to know what prescriptions you are taking. if a medical prescription can make you unfit to own a firearm, what keeps antidepressants, painkillers, anything that warms again using machinery from disqualification from legal gun ownership.

 

[Desk Jockey]

I would expect to see MJ off the schedule 1 list and federally taxed if the dems get control of Congress.

 

[AK Troutbum]

Just my opinion, but I think this will all be a moot point in a few years, plus or minus, when marijuana is federally legalized. There are too many states that have legalized and more that have legalized it for prescription use, I think it’s just a matter of time.


Sent from my iPhone using Tapatalk

 

[Savagenut]

This only applies to guns purchased or transferred through an FFL, correct?

 

[brsnow]

Just my opinion, but I think this will all be a moot point in a few years, plus or minus, when marijuana is federally legalized. There are too many states that have legalized and more that have legalized it for prescription use, I think it’s just a matter of time.


Sent from my iPhone using Tapatalk

You are correct, hypocrisy is large. You can be on opioids which basically destroyed a blue collar work generation and be “legal” but with a medical prescription for marijuana it is a problem...classic

 

[540-Virginian]

Are there any stories or news articles where someone tested positive for pot, or cops found pot on at a traffic stop, then went and took your guns. Wouldn’t Joe Rogan be in prison at this point?

Yes it’s illegal to lie on the form, but maybe I stopped smoking pot that week I bought a gun. If I start again do I have to forfeit my guns? And who’d enforce and manage all that?

breathe easy and store your pot the same way you store ammo, separate from your guns

 

[Rob5589]

Hippa protects the person, nobody has a right to know what prescriptions you are taking. if a medical prescription can make you unfit to own a firearm, what keeps antidepressants, painkillers, anything that warms again using machinery from disqualification from legal gun ownership.

MJ is a "recommendation," not a prescription. My mother in law has one, her back is in bad shape. It's a simple card that acknowledges she has a medical issue that cannabis may help. Of course here in CA casual use has been decriminalized so "MJ cards" are moot.

And the difference is, one remains a Schedule 1 narcotic whereas the others you listed are not.