Been doin some research found this article to be a good representation of the various states and cases, but still cannot find a definitive definition on what exactly are the punishments if the cops raid your grow and find firearms.
http://california.tenthamendmentcenter.com/2010/04/the-federal-drug-war-and-our-right-to-bear-arms/
(Redding.com) Gun shop manager Patrick Jones says he wants to sell as many firearms as he can.
But Jones won’t do business with known medical cannabis patients, such as Army Spc. Sean Merritt, an honorably discharged and disabled veteran.
That refusal has drawn criticism from Merritt, [Executive Director of NorCal NORML,] and other medical marijuana advocates, who have twice gone to Redding City Council chambers to denounce Jones, who happens to be mayor, for violating patients’ rights.
NorCal NORML Executive Director Sean Merritt (photo by ANDREAS FUHRMANN)
“There is nothing in state law that says I cannot own or possess a firearm,” Merritt said at a recent council meeting. “And to be told as such is branding me as a severe mental patient or a felon. I am neither.”
Jones has said he is merely following the law – in this case, a federal law that forbids gun dealers from selling firearms to anyone who is “an unlawful user of, or addicted to, marijuana.”
Would-be gun owners are required to fill out a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form that poses questions about the buyer’s criminal history, mental health, citizenship and drug use.
Along with marijuana, Question 11e on the ATF form asks about “any depressant, stimulant, narcotic drug, or any other controlled substance.”
If a buyer marks “yes” to Question 11e, the sale cannot go forward, Jones said.
I have long been pointing out to my conservative gun-owning family and friends back in Idaho that the War on Drugs is just a convenient way to disarm otherwise law-abiding citizens. Any felony crime involving marijuana and guns – even when it is your lawfully-owned hunting rifle or “can gun” – invokes enhanced mandatory minimum penalties.
But now with legal medical marijuana in fourteen states, even law-abiding citizens are given the choice between their health and their Second Amendment rights. Often these medical marijuana patients are growing their own, so as not to pay expensive dispensary prices or fund the black market. These people, like Washington’s Steve Sarich, are the ones who most need their firearms for home protection from criminals who would rob them of their medicine.
(Volokh Conspiracy) The AP reports that Steve Sarich — who “runs CannaCare, an organization that claims 7,000 members in the state,” which among other things “provides patients with marijuana clones or starter plants and delivers about 50 patients a week with usable marijuana” — has been told by the King County Sheriff’s Office that he may not buy a gun.
The federal law underlying the prohibition is 18 U.S.C. § 922, which bars possession of guns by (among others) anyone “who is an unlawful user of or addicted to any controlled substance,” and bars transfers of guns to such people. The sheriff’s office reported that the FBI’s National Instant Criminal Background Check System “informed us that possession of a medical drug card is sufficient to establish an inference of current use,” and that therefore the sheriff’s office can’t approve the transfer of a gun to Sarich.
Sarich had been trying to buy guns to replace ones seized by investigators who were investigating a burglary and attempted robbery at Sarich’s home; Sarich had shot one of the robbers. Sarich is also being investigated by the Sheriff’s Office “for potential violations of the state’s medical-marijuana law.” The sheriff’s office “insists he was making a handsome profit selling marijuana and starter plants and charging patients for attending the clinics,” and claims that Sarich has had many more plants than he is allowed to possess under state law. But the ostensible reason for the background check coming up with a no-sale result was the possession of the card, not any past conviction — Sarich has not been convicted of the drug crimes that the sheriff’s department is investigating.
Here in Oregon, we’ve reported on the case of Steven Schwerdt, who was denied his concealed handgun permit by Washington County Sheriff Rob Gordon. He’s the sheriff who also thinks of the medical marijuana laws as “advice” and regularly posts the general locations of the medical marijuana grow sites in his county.
(The Daily News) Sheriffs from Washington and Jackson counties say, though, that they want clarification from the court on whether federal gun laws prohibiting illegal drug users from possessing handguns applies to people who have permits to use marijuana for medical reasons. Marijuana is still classified as a controlled substance under federal law, they said.
Lower courts had twice ordered the two sheriffs to give weapons permits to people who had lost them because they are medical marijuana users, and both appealed those rulings.
Medical marijuana users who meet all other criteria cannot be deprived of the right to a concealed handgun permit, said [NORML Legal Committee Attorney] Leland Berger, who helped write Oregon’s medical marijuana law.
“What this is about is that the sheriffs don’t like the medical marijuana law. Twelve years after it was approved by voters, the sheriffs want to discriminate against patients,” he said.
Steven Schwerdt said he had a concealed handgun permit for six years before the Washington county sheriff’s office revoked it when he became a medical marijuana user.
“I’m no criminal; I’m just a guy who can’t physically run away from dangerous situations,” said Schwerdt, who uses medical marijuana to relieve the symptoms of severe arthritis and gout.
Im curious because i plan on running a grow, (within legal numbers but big plants)...we have 3 scripts so thats 18 flowering and 36 veg here in California (bay area alameda county) in a 10x10 under approx 4-5k watts.
I own several rifles that would scare the shit out of your regular joe schmoe liberal, all are legally owned and i passed ATF background check. AR15, R700, M14, and a couple others. I own them for various uses, sport, hunting, range time, because i have always had interest in firearms since a child, and i also want to be readily equipped should there be a giant zombie or red army invasion, SHTF scenario with looters, rioters, etc...
I was wondering if i should just move all the guns to my parents house where there wont be any herbs or drugs, maybe keep the Glock around in case someone tries to break in.
Also a friend was just raided in oakland with a grow well OVER legal limits, and he had a legally owned registered shotgun and apparently they are trying to hit him with gun possession charges, any advice on what he should do or what lawyers to contact would be appreciated
http://california.tenthamendmentcenter.com/2010/04/the-federal-drug-war-and-our-right-to-bear-arms/
(Redding.com) Gun shop manager Patrick Jones says he wants to sell as many firearms as he can.
But Jones won’t do business with known medical cannabis patients, such as Army Spc. Sean Merritt, an honorably discharged and disabled veteran.
That refusal has drawn criticism from Merritt, [Executive Director of NorCal NORML,] and other medical marijuana advocates, who have twice gone to Redding City Council chambers to denounce Jones, who happens to be mayor, for violating patients’ rights.
NorCal NORML Executive Director Sean Merritt (photo by ANDREAS FUHRMANN)
“There is nothing in state law that says I cannot own or possess a firearm,” Merritt said at a recent council meeting. “And to be told as such is branding me as a severe mental patient or a felon. I am neither.”
Jones has said he is merely following the law – in this case, a federal law that forbids gun dealers from selling firearms to anyone who is “an unlawful user of, or addicted to, marijuana.”
Would-be gun owners are required to fill out a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form that poses questions about the buyer’s criminal history, mental health, citizenship and drug use.
Along with marijuana, Question 11e on the ATF form asks about “any depressant, stimulant, narcotic drug, or any other controlled substance.”
If a buyer marks “yes” to Question 11e, the sale cannot go forward, Jones said.
I have long been pointing out to my conservative gun-owning family and friends back in Idaho that the War on Drugs is just a convenient way to disarm otherwise law-abiding citizens. Any felony crime involving marijuana and guns – even when it is your lawfully-owned hunting rifle or “can gun” – invokes enhanced mandatory minimum penalties.
But now with legal medical marijuana in fourteen states, even law-abiding citizens are given the choice between their health and their Second Amendment rights. Often these medical marijuana patients are growing their own, so as not to pay expensive dispensary prices or fund the black market. These people, like Washington’s Steve Sarich, are the ones who most need their firearms for home protection from criminals who would rob them of their medicine.
(Volokh Conspiracy) The AP reports that Steve Sarich — who “runs CannaCare, an organization that claims 7,000 members in the state,” which among other things “provides patients with marijuana clones or starter plants and delivers about 50 patients a week with usable marijuana” — has been told by the King County Sheriff’s Office that he may not buy a gun.
The federal law underlying the prohibition is 18 U.S.C. § 922, which bars possession of guns by (among others) anyone “who is an unlawful user of or addicted to any controlled substance,” and bars transfers of guns to such people. The sheriff’s office reported that the FBI’s National Instant Criminal Background Check System “informed us that possession of a medical drug card is sufficient to establish an inference of current use,” and that therefore the sheriff’s office can’t approve the transfer of a gun to Sarich.
Sarich had been trying to buy guns to replace ones seized by investigators who were investigating a burglary and attempted robbery at Sarich’s home; Sarich had shot one of the robbers. Sarich is also being investigated by the Sheriff’s Office “for potential violations of the state’s medical-marijuana law.” The sheriff’s office “insists he was making a handsome profit selling marijuana and starter plants and charging patients for attending the clinics,” and claims that Sarich has had many more plants than he is allowed to possess under state law. But the ostensible reason for the background check coming up with a no-sale result was the possession of the card, not any past conviction — Sarich has not been convicted of the drug crimes that the sheriff’s department is investigating.
Here in Oregon, we’ve reported on the case of Steven Schwerdt, who was denied his concealed handgun permit by Washington County Sheriff Rob Gordon. He’s the sheriff who also thinks of the medical marijuana laws as “advice” and regularly posts the general locations of the medical marijuana grow sites in his county.
(The Daily News) Sheriffs from Washington and Jackson counties say, though, that they want clarification from the court on whether federal gun laws prohibiting illegal drug users from possessing handguns applies to people who have permits to use marijuana for medical reasons. Marijuana is still classified as a controlled substance under federal law, they said.
Lower courts had twice ordered the two sheriffs to give weapons permits to people who had lost them because they are medical marijuana users, and both appealed those rulings.
Medical marijuana users who meet all other criteria cannot be deprived of the right to a concealed handgun permit, said [NORML Legal Committee Attorney] Leland Berger, who helped write Oregon’s medical marijuana law.
“What this is about is that the sheriffs don’t like the medical marijuana law. Twelve years after it was approved by voters, the sheriffs want to discriminate against patients,” he said.
Steven Schwerdt said he had a concealed handgun permit for six years before the Washington county sheriff’s office revoked it when he became a medical marijuana user.
“I’m no criminal; I’m just a guy who can’t physically run away from dangerous situations,” said Schwerdt, who uses medical marijuana to relieve the symptoms of severe arthritis and gout.
Im curious because i plan on running a grow, (within legal numbers but big plants)...we have 3 scripts so thats 18 flowering and 36 veg here in California (bay area alameda county) in a 10x10 under approx 4-5k watts.
I own several rifles that would scare the shit out of your regular joe schmoe liberal, all are legally owned and i passed ATF background check. AR15, R700, M14, and a couple others. I own them for various uses, sport, hunting, range time, because i have always had interest in firearms since a child, and i also want to be readily equipped should there be a giant zombie or red army invasion, SHTF scenario with looters, rioters, etc...
I was wondering if i should just move all the guns to my parents house where there wont be any herbs or drugs, maybe keep the Glock around in case someone tries to break in.
Also a friend was just raided in oakland with a grow well OVER legal limits, and he had a legally owned registered shotgun and apparently they are trying to hit him with gun possession charges, any advice on what he should do or what lawyers to contact would be appreciated
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