2nd Amendment & California Prop. 215

[Shcrews]

I was just having a discussion with some friends about whether CA's medicinal users have "given up their right to own a gun" by possessing/using/growing marijuana (my friend's words).

He said that dispensaries are prohibited by STATE law from having firearms on the premises, and that it applies to individuals also.

I'm not very sure about this area of the law, but i think as long as one has a legal prescription under prop 215, it shouldnt affect any kind of 2nd amendment rights. However, considering the CA govt's stance on guns, i wouldn't be surprised either way.


Anybody have any more informations on this? i am only talking about CA law here, obviously the feds might have a different take.

 

[FreedomFGHTR]

He probably got that information from the California Attorney General's Guidelines for MMJ

Indicia of Unlawful Operation: When investigating collectives or
cooperatives, law enforcement officers should be alert for signs of mass production
or illegal sales, including (a) excessive amounts of marijuana, (b) excessive
amounts of cash, (c) failure to follow local and state laws applicable to similar
businesses, such as maintenance of any required licenses and payment of any
required taxes, including sales taxes, (d) weapons, (e) illicit drugs, (f) purchases
from, or sales or distribution to, non-members, or (g) distribution outside of
California.

I highly doubt an armed uniformed security guard with proper licenses and permits would fall under that. Also if you had a shotgun a pistol and a hunting rifle at home in a gun safe I doubt that would qualify either. Basically if you own a cache of assault weapons yeah then you might have trouble. But it hardly invalidates one second amendment rights. Now if you get a felony conviction, thats another can of worms.

 

[Hash Zeppelin]

^this could be a problem for me if i lived in cali. I have a huge gun colection, and i am not willing to get rid of any of them. All guns are colectable. I can partake in both hobbies, and it doesnt mean i'm violent. Im sure as long as the guns are locked up, and you dont have illeagal loaded assult rifles around your house you will be fine. You cant lose your second amendment rights unless you are a convicted felon.

Besides I wouldnt let anyone under any cover of bullshit law try to take away any of my guns, but they are all registered legally, so i have ever right to defend them. I can do it with out firing one shot too, cause there is no way that they can break into my safes to even see what I have. oh ya, and it takes a couple pages to list all my guns in 12 size font. Also many of them are inheritance, with sentimental value. One day I will pass them on to my kids or sell them to retire. haha

I am more worried about trigger happy cops, and gangsters then growers with guns. Police only have to qualify for acuracy test at 21 feet (7 yards). Hell, I guarentee that I am a better shot, and a safer gun opperator than 99.9 percent of cops you will meet.

 

[cookie_monster]

Ttt I also heard this.

 

[Phillthy]

you cannot purchase a firearm if you admit to using marijuana. so having one when one has a prescription for MMJ would be a definite no no.

 

[Arthritis_sucks]

Not true, i heard a patient in oregon got to keep his gun that was a patient.

 

[cookie_monster]

Well the form you fill out to purchase says if you smoke marijuana illegally, nothing else

 

[rives]

Not true, i heard a patient in oregon got to keep his gun that was a patient.

There was a woman mmj patient in Oregon that successfully took her case to court to keep her CCW.

 

[Arthritis_sucks]

There was a woman mmj patient in Oregon that successfully took her case to court to keep her CCW.

Yea that....

 

[Phillthy]

Well the form you fill out to purchase says if you smoke marijuana illegally, nothing else

as far as the fed gov is concerned it is all still illegal.

get arrested for an oz of pot and it could be a misdemeanor depending on where you live. get caught with an ounce of pot and handgun and it is a mandatory minimum 5 year sentence.

 

[resinryder]

Here in NV, a mmj patient can have a weapon in their possession as long as they are not under the influence per state law.

 

[Hash Zeppelin]

Well I left all my guns in a gun legal state and moved my ass to cali. I chose weed over guns. I hate to have to make that choice, but I would rather help cancer patients than have guns, and that is just the way it has to be for now. sucks. I feel violated....

At least though I know to say no to the mmj question if I do decided to get a gun. I just cant have weed or a gun in the same place ever, or it can be like a 20 year federal sentence. I'll just get 11 dogs lol. most guns only have ten bullets. rofl

Honestly it's just a plant anyways and it is not worth hurting anyone over. I can just grow more.

 

[mojave green]

no firearms here. alarm system that calls my cell, 22 cal pellet gun, tazer, dogs, pepper spray and pepper ball loaded paint guns might possibly come in handy some day though!

 

[Yes4Prop215]

they arent aggressively pursueing gun charges for medical marijuana patients, shit they have a backlog of 20k convicted felons who still possess firearms i doubt they give a shit about a cardholder and his legally owned pistol.. i know a few guys who had med cards and got popped for growing and had firearms. they never got any firearms charges, in only one case he had to surrender the firearm but no charges.. ive even seen on wild justice them come upon smokers or growers with firearms and they werent pursued, as long as the firearms are legally owned.

for the fed form, it says "are you an unlawful user of cannabis"...technically we all are. but fuck it just say NO, a perjury charge is way better than being dead from a home invader. my interpretation of that sentence is that im a lawful user of cannabis under state law. also, your docters rec is hidden so that cannot come up on a background check, but if you have a state registered card it might be a different story. i did hear a rumour about getting denied for concealed carry permits if you registered as cannabis user, but i also know a guy who has a rec, smokes a ton of herb and carries concealed everyday for his security job.

and finally, basic precaution i take is to not have any gun collections, or questional grey area firearms near grows. all the collecter stuff, EBRs and questionable shit like 30rd rebuild kits get hidden and tucked away with law abiding people who do not even smoke herb. i only keep one for self defense in my bedroom, as far away from any grow related shit as possible.

id rather be judged by 12 than carried by 6, where im at i cannot be without a firearm, it would take the cops 15+ minutes to respond and i wont take that chance. i will not be disarmed by my facist government, when they ban guns only outlaws will have guns, and i intend to be one of those outlaws.

 

[redlaser]

"I'd rather be judged by 12 than carried by 6" That really sums it up for me as well. It's not that I want to shoot someone over property, but you have to assume an intruder is armed. I asked a lawyer about having guns with weed/grow ( in Ca.) and he said just don't keep large collections, just one or two and of course no banned stuff. For what it's worth the lawyer has been working in mmj for eighteen plus years and seems respected. (I know it's still a lawyer) Of course that's bad advice federally, but he was talking state law.

 

[Shcrews]

wow i forgot about this thread.

i was actually arrested a few years ago in a Cali state park with a few pounds of weed and a legal shotgun. Eventually got all charges dropped, got my weed back... The park ranger who arrested me claimed he had never heard of prop 215.

where im at i cannot be without a firearm, it would take the cops 15+ minutes to respond and i wont take that chance.

Yepp. i feel that, i'm in the same situation. But recently i had a sheriff come to my property to serve a subpoena on a previous resident who no longer lives here, I had 4 guns out and was shooting at targets when he walked up the hill to my house and saw the farm. He didn't care about the guns just asked to see our doctor's recs and then went on his way.

i don't own a gun . have had some issues with my friends and guns and weed in the past and it sucks to get to shot on accident lol or on purpose . I like the idea of using guns for sport and food but not for protection to guard crops.

If you live alone then you can choose to be defenseless, but if you have children and/or a significant other then i think it is necessary to own a gun. Or would you rather depend on the police to show up in time if something bad happens?

 

[IGROWMYOWN]

Weed and shotgun ...not good glad to see it didn't cost you your freedom

 

[Shcrews]

Lol dont have police where i live not having guns does not make someone defenseless ..

what sort of defense system do you have that is more effective and ethically appealing than a gun? do you have large predators where you live, i.e. cougars, bears, wolves etc..? do you have gangs? robberies?

 

[Yes4Prop215]

i read that up in washington they are making it so residents who have marijuana cards cannot get concealed carry licenses and vice versa. and if you already have a concealed carry they will revoke.

pretty fucking sneaky BS approach. not sure about the laws in CA, although i know a few guys with doctors rec and carry permit. the doctors rec is different in that there is no state registration like the medical card, all you need is the rec to grow/smoke.

not going to try it myself, i have never registered for the CA medical card out of fear it would jeopardize my 2nd amendment rights.

 

[Arthritis_sucks]

i read that up in washington they are making it so residents who have marijuana cards cannot get concealed carry licenses and vice versa. and if you already have a concealed carry they will revoke.

pretty fucking sneaky BS approach. not sure about the laws in CA, although i know a few guys with doctors rec and carry permit. the doctors rec is different in that there is no state registration like the medical card, all you need is the rec to grow/smoke.

not going to try it myself, i have never registered for the CA medical card out of fear it would jeopardize my 2nd amendment rights.

As long as you dont register through your state your fine with guns an mmj.

We all can thank Cynthia Willis for her legal woes, an victory that changed the gun/mmj issue. Case law Cynthia Townsley Willis v. Michael Winters A (in his official capacity as Sheriff of Jackson County); thats what you feed your lawyer if ya got one where you need to do his job. Gotta be state compliant to be able to use this one with either you states base numbers or a doc to prove your added need for the increase.