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Old 03-22-2009, 10:23 PM #1
Shcrews
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2nd Amendment & California Prop. 215

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.
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Old 03-22-2009, 10:36 PM #2
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He probably got that information from the California Attorney General's Guidelines for MMJ
Quote:
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.
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Old 03-22-2009, 10:53 PM #3
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^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.
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Old 08-08-2013, 05:51 AM #4
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Ttt I also heard this.
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Old 08-08-2013, 06:05 AM #5
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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.
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Old 08-08-2013, 06:17 AM #6
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Not true, i heard a patient in oregon got to keep his gun that was a patient.
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Old 08-08-2013, 07:51 AM #7
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Well the form you fill out to purchase says if you smoke marijuana illegally, nothing else
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Old 08-08-2013, 08:08 AM #8
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Quote:
Originally Posted by Arthritis_sucks View Post
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.
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Old 08-08-2013, 09:42 AM #9
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Originally Posted by rives View Post
There was a woman mmj patient in Oregon that successfully took her case to court to keep her CCW.
Yea that....
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Old 08-08-2013, 10:17 AM #10
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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.
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