Simple question. Am I even going to get approved? Or is this just going to raise a red flag & get myself in some sort of trouble? This is ridiculous since I am a responsible individual with no history of criminal activity or any violent background. I just want to be "ready for the rain" if it comes if you know what I mean. If I am about to run the risk of jail time just for dual legal permit I'll give up my MMJ card. As I saw someone on here say... possession is merely a slap on the wrist & illegal gun possession is a much more punishable offense. What are you thoughts on this given that we are now midway through 2015 & Nevada looks to be inline for a recreational vote on the ballot in 2016??? Any feedback in much appreciated. Note: I have already purchased my piece & signed up for the CCW class (11/28). Question is...Am I crazy to send in my paperwork to the sheriffs office after completing the course?
Why don't you call before you send the paperwork in? I'd do as much recon as I could before I sent my paperwork in. This issue is going to get a LOT more attention in the coming years as more and more states fall to medical and recreational laws. I'd say the greater problem for medical patients is going to be the Form 4473. Speaking with an attorney friend of mine the other day, we hashed out (excuse the pun) the are you a USER OF..clause. He agreed that the language is murky, but to the ATF, it is not. See this document. What is the "temperature of the water" in your area towards medical patients? Some States like Oregon's Supreme Court has ruled in the Willis v. Winters case that licensing authority (in this case, the Sheriff's Office) could not deny a CCW to a medical patient in Oregon. However, the issue of data sharing comes into play. Does the State hold a medical registry which is confidential, or is it shared as public record across an NICS background check like any other license issued by the State? If it is shared, then you can pretty much kiss goodbye being able to buy firearms from a dealer, even if you check no to box 11e. You could still do private transactions, unless your State laws get touchy on that. Keep in mind some States have private registries for certain types of licensure. Florida comes to mind for their CCW licensing methods; I know that their CCW database is sealed to the point that when a law enforcement officer pulls you over, not even he knows you have a CCW when he runs your plate or your drivers license. Whereas other States, the CCW is tied to the drivers license and the license plate. I'd really do my homework on this if I were in your shoes. Try to gather as much info as you can before making a decision on submitting the paperwork. You may get it no problem, or you may get denied. Either way though, until this gets sorted out by the US Supreme Court or by the Feds de-scheduling cannabis, you are definitely entering into a compromised zone. I don't think you're crazy at all, but I do think you owe it to yourself to gather as much data as you can to make an informed decision on what the next step is going to be for you. Others may disagree with this opinion and they're welcome to share theirs. Hopefully some folks from NV chime in.
Thanks for the reply "playloud" - very informative with the "see this document" link as well as the database comments. I'm just going to guess that the database is closed to a certain degree here in NV as I am a MMJ cardholder for the past two years & I went down & purchased a brand new Baretta Nano last weekend from Cabelas. Of course I honestly said "NO" (IMO) to the touchy question we all hate right now. According to science MJ is NOT addictive & of course I am NOT an unlawful user. In addition I have a seizure disorder & mostly seek out high CBD strains such as Charlotte's Web so I am not as "high" as most are, but of course the feds don't care about that. Anyway, alcohol IS a depressant & many alcoholics get their CCW all the time. Just as the law states for that drug (alcohol) as long as you are not under the influence while carrying it should be a non issue. Point is, before I get too far off track, that I passed the background check that went through the state capital which is also where everyone in the state sends their MMJ applications to. With that being said I believe there is no cross referencing otherwise how did I just get approved...? I'm not exactly sure where to begin to find out about the confidentiality level of the registry or who to call or if I'd even want to. I really do not want to raise any red flags. It almost seems as if I'll get my permit as it looks now & the only way this issue would ever come up is if I get into anything to cause for interaction will authorities or if I flat out speak of it around the wrong person. Also, unless I am mistaken, I read that its only a misdemeanor if you are ever found to be in possession of your firearm & intoxicated at all. Alcohol or otherwise. Not that that means there is no trouble to be had, but I was planning on getting an attorney on a retainer just in case anyway. I'm 100% with you about doing all the reasearch I can but doing that research seems to be touchy in it of itself. The document you gave the link to is dated 09/21/11 - hopefully things are changing towards what they should be. Just like the Oregon case you mentioned other states are working towards the same for their residents. Colorado is said to have that on their 2016 ballot as well as Nevada. Hopefully they all pass. All in all thank you for the reply as I am still trying to figure out the best approach here. On a side note prior to 2005 I was a CA resident legally owning two handguns in the state & had my MMJ card there for three years prior to moving here with no issues. I did not apply for a CCW there but the point is it never came up before. IDK what my point is there but going forward I'll do my best to keep this updated with info regarding myself to possibly assist others in my shoes down the road. Wish me luck. Thanks again & take care brother... ~e
Hey my man, No problem at all. I understand the frustration and the trepidation about this subject, particularly when you are wanting to do the right thing. What is fascinating about question 11e on the form 4473 is that you have, as an American citizen, the right against self-incrimination; or at least you used to when the Constitution and Bill of Rights made half a damn to the courts and legislature. Yet, if you answer the question honestly, not only are you causing yourself to be excluded from owning a firearm again (try it again in a year after answering yes and the NICS system will still have you flagged), but you are also admitting that you are committing a federal crime. But try to skip that question and not provide an answer and the clerk at the counter won't even run the background check because you can't leave any box blank. I wish someone would challenge that form simply based upon that principle that one is forced to incriminate himself, and I think any court worth its title would admit that one would have standing to bring suit. Just as a side note, this is also why I don't answer anything on those medical questionnaires I get at any clinic, hospital, or primary beyond the most direct and pertinent questions which have to do with why I'm seeking medical care at that time. I was absolutely aghast at some of the questions that were asked of me when I recently had to go see a specialist regarding a respiratory/nasal condition. How many firearms do I own, do I own any pets, how is my spiritual life, how would I describe the relationship with my family, would I call myself a responsible person, etc. What in the hell has any of this to do with a sinus condition? Absolutely unbelievable and my eyes are wide open to the conspiracy behind this data mining, so I can totally respect you not really even wanting to pry into this. I have no doubt that all this info is being collected for a reason, and I'll wager a guess that it's not to give me a better quality of healthcare tailored to my needs. My suggestion would be to have a criminal defense attorney call for you. Heck, you may even find one that just simply wants to know the answer for himself and won't even charge you to make the phone call. It's worth a shot. At the maximum, you're looking at a couple of hundred for an hour of his or her time. Or, whoever you are looking to put on retainer in the future might be more than happy to inquire for you as a courtesy. Either way, free or compensated, you stay protected and get your answer. You sound similar to me with regards to your usage. I too tend to gravitate towards higher CBD indicas and less THC used in very small amounts in a vaporizer for lifelong anxiety & panic attacks. I understand your plight and everything you said, and I feel for you. I'm glad you are able to use MMJ to help your condition. I guess nowadays, I operate with the understanding that the criminals and evil people in charge of the entire edifice of gov't could care less about my condition. They only care about what will benefit their corporate partners in big pharma and the prison industrial complex. I also believe that these evil people in power are more than happy to have this complicated situation remain as it is right now to use as a tool of disarmament, or at least as a barrier to acquiring firearms, or better yet, a two-for-one which will land you in jail AND cause you to lose your civil rights. One thing to keep in mind is that if you do get involved in a shooting where you have used justified lethal force, you're going to be blood tested on the spot. You can take that to the bank. So to that point, you need to be fully aware of that and that the system is going to use that against you when you test positive. Yes, you will have a defense that you were a medical patient, but you're still going to add that element of your defense to the entire picture of a trial. Whatever your opinion of the Trayvon Martin incident was, you can guarantee that if Zimmerman had cannabis in his system, that would have been a massive game changer in that trial. Just as it was a game changer for Martin to have had cannabis in his. In other words, it's a serious variable in the equation of guilt vs. innocence (real or perceived.) Now, you're in a better situation being a medical state, but you can be certain it will still be used against you. I wish you a lot of luck in this, and if you wouldn't mind, keep me posted on what the outcome is. I'd like to know. Cheers