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MMJ and the Second Amendment

Discussion in 'Medical Marijuana Usage and Applications' started by johnqpublic12, Sep 14, 2009.

  1. So I just got my card a couple of weeks ago and have a question about how possessing cannabis effects my constitutional right to own a firearm. I target shot a .22 rim-fire rifle in high school and have recently reconnected with some old marksmanship buddies. They still shoot and I have started thinking about getting another target rifle but read somewhere that if the cops find both a firearm and a controlled substance in the same residence that it is major jail time. Is this true and does it apply to mmj? In case anyone was wondering, I will never go shooting while medicated or in any way impaired. It is not a good idea and I feel that anyone who does it should have their gun(s) taken away.

    Thanks for the input.
     
  2. Not sure what the laws are in Oregon, in California I do not believe that there's any provisions for patients owning fire arms that are kept in a residence. NOW there ARE provisions in California for fire arms within a collective or dispensary in the Attorney General's Guidelines for Medical Marijuana, but those don't apply in a residential situation.

    You may wish to check with your local NORML, or better yet, give a phone call to an attorney who specializes in MMJ cases in your area, I'll bet they'll be able to tell you over the phone.
     
  3. Thank you.
     
  4. No problem, your posts always intrigue me
     
  5. So I asked the question of OR NORML's legal guy and asked if I could post his response. This is what he sent back to me:

    So I guess it is legal but really sketchy and I won't be doing it.

    BTW: WildWill, thanks for the complement.
     
  6. Great, this means I need to get rid of Dad's 1924 Fox shotgun before I move...:mad:
    Not that I could shoot anything with it, I'm legally blind.
     
  7. The only connection I am aware of is on the 4433 (?) form that is filled out at a gunshop for a gun purchase asks if you are an unlawful user of or addicted to marijuana...it is a federal form and in the eyes of the Feds all mj is illegal, even though your state may have legalized medical mj. In my opinion the gov't has no business interfering in your life with regards to weed or guns, but my opinion won't keep you out of jail. Interesting that you can be a raging alcoholic, buy guns and the feds don't care about that. It is amusing that in some of the news photos of the "drugs and guns seized in local raid" that some of the guns they show are BB guns.
     
  8. MJ is not addicting. Your state recognizes your medicine. However LEO will try to make a patient a criminal. You would win, but lawyers cost $$$.


    clinton
     
  9. The point was that the 4473 is a federal form & the feds don't recognize our state's determination that this herb is a legal sustance so then a buyer is in violation of the federal law because we are a user of marijuana. State laws don't apply to federal standards. Alcohol can be addicting to some people and be a catalyst of violent behavior, but that's ok (sarcasm) in the eyes of the feds. Apparantly sitting on your couch, stoned, eating a bag of potatoe chips is a big threat to public safety (sarcasm again):rolleyes:

    The whole 4473 form is a joke anyway. There are questions on there such as "Are you a fugitive from justice?"

    Anyway...
     
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