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MMJ Patients cant buy or own guns.

Hammerhead

Disabled Farmer
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whats required in cali to get a concealed weapon's permit??.. I dont have a criminal record. I know you need to go to the sheriffs dept and fill out some paper work. anything else?? Or is that Illegal here in Cali lol
 

vapedg13

Member
Veteran
Concealed handgun owners with Oregon medical marijuana authorizations WILL BE ALLOWED TO KEEP their gun licenses after a U.S. Supreme Court decision not to hear a sheriff's legal challenge which claimed U.S. federal law trumps Oregon state law.

hahaha this sets presidence for all other states
 

Hammerhead

Disabled Farmer
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aint it funny when leo is trying to enforce fed laws. I thought that is the job for DEA...Why are they using state tax money to fight this..
 

rives

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whats required in cali to get a concealed weapon's permit??.. I dont have a criminal record. I know you need to go to the sheriffs dept and fill out some paper work. anything else?? Or is that Illegal here in Cali lol

The requirements vary from count to county. You need to be fingerprinted and a background check done at a minimum, and take a firearms training class from whoever has been designated by the Sheriff's office or the Chief of Police if you live in an incorporated area. The first one is pretty expensive ($200-250) because of the DOJ background check and fingerprints. After that, the cost is about a $75 for a 2-year permit. I'm sure that the costs vary, but that is representative of the counties near me. The weapon(s) that you want on your permit will need to be inspected to insure that they are in good working order. Some places it is easy to get one, others it is almost impossible.
 
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vapedg13

Member
Veteran
Supreme Court DECISION: Oregon Marijuana Patients Can Keep Their Guns

News Thursday, January 12, 2012 at 10:20 am

​Concealed handgun owners with Oregon medical marijuana authorizations will be allowed to keep their gun licenses after a U.S. Supreme Court decision not to hear a sheriff's legal challenge which claimed U.S. federal law trumps Oregon state law.


Putting the case behind her is a victory for the rights of medical marijuana patients throughout Oregon, according to Gold Hill resident Cynthia Willis, 54, reports Damian Mann of the Southern Oregon Mail Tribune.


"Just because we're patients doesn't mean we don't have real lifestyles and rights like everyone else," Willis said.


Jackson County Sheriff Mike Winters had denied Willis a concealed handgun license back in 2008 because she uses medical marijuana, which is considered a Schedule I controlled substance, along with heroin and LSD, by the federal government.


The sheriff claimed he couldn't give the gun license to Willis because that would violate the Gun Control Acte of 1968.



The Daily Caller
Cynthia Willis shows off her Walther P-22 pistol. She sued the Jackson County Sheriff to get her concealed handgun license back after being denied because she's a medical marijuana patient.

​Sheriff Winters lost every court case at every step of the process -- in Jackson County Circuit Court, the Oregon Court of Appeals and the Oregon Supreme Court.


The sheriff appealed to the U.S. Supreme Court in July, but has already issued concealed handgun licenses to Willis and other medical marijuana patients as a result of the earlier court rulings.


The Supreme Court also decided this week not to hear a similar case from the sheriff in Washington County.


This should send a message to Sheriff Winters and others in law enforcement to respect the rights of medical marijuana patients, said Portland attorney Leland Berger.


"The problem is the sheriffs hate the Oregon Medical Marijuana Act," Berger said. "They find ways to discriminate against patients."


The decision by the Supreme Court not to hear the case doesn't necessarily mean they agree with the lower court decision in Oregon, according to Ryan Kirchoff, attorney for the sheriff and Jackson County.



KDRV
Sheriff Mike Winters claimed he couldn't give a gun license to Willis because that would violate the federal Gun Control Act of 1968.

​Kirchoff said the county is disappointed the case didn't move forward. "The sheriff feels that at this point he's done everything that had to be done to rectify the problem," Kirchoff said. "There is nothing further that can be done to resolve this particular issue until state law is changed or there is further direction from the Supreme Court."


The sheriff has said he believes federal law clearly states that using marijuana -- even medicinally -- means a person cannot legally acquire or possess firearms.


"Hey, I have an idea -- why don't we leave people alone until they cause a problem?" offered "Darryl57," one commenter on the Mail Tribune story. "Has anyone proven that pot causes people to misuse handguns? No. Do we know for a fact that there have been many, many handgun murders committed by people who misuse alcohol? Yes. Enough of trhis stupid game. Voters, you have some work to do."


"This is Oregon, not South Carolina, Mississippi, or Alabama," Darryl57 said. "We actually know how to read the Constitution and will uphold it. Freedom. Get used to it, cause we ain't let tin' it go."


But Oregon's law does seem contradictory. A concealed handgun license can be issued to medical marijuana patients who are law-abiding citizens, but state law doesn't allow the sale of a weapon or ammunition to medical marijuana patients.


Willis said she already had her Walther P-22 pistol before she became a medicinal cannabis patient.


"My Walther was an anniversary present from my husband," she said. "I got this before all of this started happening."


She said there is no evidence that medical marijuana patients abuse gun rights more than any other segment of the population.


"We had a former Vice President who shot someone in the face, and he didn't get into any trouble," Willis said, referring to former Vice President Dick
 
^^Anybody want to offer an opinion on whether this will influence other states?


It seems to me that the ATF was the primary concern, not local leo.
 

Hammerhead

Disabled Farmer
ICMag Donor
Veteran
Thats fantastic news. Thats one of the things I was very concered about. I have firearms from way back before I was a MMJ user. Passed down from my family. They just wanted my to what turn in my family heirlooms. not going to happen.. I can only hope it trickles down to all MMJ states
 

DoobieDuck

Senior Member
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Veteran
^^Anybody want to offer an opinion on whether this will influence other states?
.

My opinion is; this was a Supreme Court decision, it should be valid in all states. Hammer I'm like you, I have heirlooms handed down from my Grandfather etc, this should put an end to our fears of losing those. But, if Feds suspect criminal activity, sales etc in your home and have a valid search warrant, those guns no doubt will be sleazed and most likely be made part of their case against you. Be safe..DD
 

OrganicBuds

Active member
Veteran
I live in Cali and have a mmj card. I also recently bought several guns with no problems. I personally keep all my guns hundreds of miles from my mmj activities at my cabin up in the woods. I don't see why this would be a problem.

Also, when buying a hand gun there is a question on the form about being "addicted to any drugs". My answer to that is you can't be addicted to cannabis, so am I lying on the form when I filled it out? Seems more like a matter of opinion to me.
 

demasoni

Member
I'm confused as to what extent OR is standing up to this fed mandate. this whole post will refer to Oregon & their registration system (except for Santa bringing gifts)
Can a registered OR patient possess a rifle in their residence where they also grow under OR rulings?
If Oregon Is willing to allow concealed handgun permits then its ridiculous you cannot also purchase a firearm after registering mmj.
How do they enforce this?
Is this because an FFL (typical gun store) can access database showing you are an mmj patient so you can't just check "yes or no", like the california scenarios posted here? whats the difference between OR/CA

IF the OR FFL dealers have access to mmj database, is it best to wait to register mmj, make the firearm purchase, then register mmj later? or go with the below scenarios,

-purchasing firearm from FFL, does the address provided show up as mmj registered?
example, a spouse is patient or caregiver, while you are "non mmj registered" and YOU purchase new firearm but your both at same address, that a problem?

-How about going to the gun shows regardless of mmj registration? No ATF forms or BG checks at gunshows? never been.


THE MOST IMPORTANT QUESTION HERE IS: are you better off in OR without registering mmj and simply having dr recommendation/med records on hand? (and do the doctors recs go into a database or is it just sheet of paper only you as patient possess? does anyone else have access to that mmj recommendation?) Acquiring firearms being one of the biggest reasons for this.

Correct me if I'm wrong but it sounds like no mmj reg with state ( just dr. rec), and gunshows is safest?
or have Santa give you an AR for xmas? ammo for stocking stuffers?

PM me if you don't want to get too into the gun aspect here.
 

trichrider

Kiss My Ring
Veteran
i was under the impression that medical registration could only be accessed by leo, not by a 'gun store proprietor with a FFL...but i'm in WA state, not Oregon.

my opinion, (pertaining to MY situation) is to use the law that gives the most protection.
that is registration with the state. WA law will allow a medical defense (but not against arrest) which might also lead to gun charges) for possession use and/or production.

but hey! ya gotta do what ya gotta do.
 
IMO if you keep guns anywhere near your grow, in any state, you're begging to go to prison. That "better to be judged by blah than carried by blah" cliche is retarded. If your situation is that hot that u need guns around, you've got to make big changes in your life IMO.

I love guns too but not enough to get an auto 5 year tack-on to my sentence for possession of a firearm in commission of a felony.
 

Yes4Prop215

Active member
Veteran
I live in Cali and have a mmj card. I also recently bought several guns with no problems. I personally keep all my guns hundreds of miles from my mmj activities at my cabin up in the woods. I don't see why this would be a problem.

Also, when buying a hand gun there is a question on the form about being "addicted to any drugs". My answer to that is you can't be addicted to cannabis, so am I lying on the form when I filled it out? Seems more like a matter of opinion to me.

its a tricky situation that the gun nuts on calguns were trying to figure out...the question asks " are you an unlawful user, or addicted to any illegal substances"

even though we decide that we are "lawful" users of cannabis under state law, its illegal under federal..

so technically, we are committing perjury..but SHHH dont tell the DA or prosecution anything about those. lawyer up and shut up if anything happens in this regard....
 

rives

Inveterate Tinkerer
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The medical, and I believe legal, definition for addiction is substantially different than the definition for dependency. This is from the U.S. National Library of Medicine, which is part of the National Institute for Health (NIH) - "Drug dependence means that a person needs a drug to function normally. Abruptly stopping the drug leads to withdrawal symptoms. Drug addiction is the compulsive use of a substance, despite its negative or dangerous effects."

If you stay within prescribed guidelines and don't have behavioral problems (having a B&E hobby to support your oxycontin habit, for instance), you are not considered addicted even though you may be dependent on opiates. Since you are much less likely to become dependent on mmj that opiates, I don't see how you can be considered addicted to it either.

http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0002490/
 

demasoni

Member
Someone who knows the OR system help me out here.
SINCE YOU CAN obtain a concealed carry permit and be REGISTERED OMMP, can't you legally posses a rifle in your home (where you also grow)...? especially since its just a rifle in your home and transport for "hunting" is not concealed weapon?
not everyone can afford one house for guns, another house for their grow.
I assume most OMM patients are keeping the pistol they got their concealed carry permit for at the same house they have plants growing and are protected by OR state rulings.
I assume the potential trouble is if the DEA checks you out. but again, in OR they arent supposed to be able to do shit about a pistol in a growers house who obtained a concealed carry license (protected by rulings), therefore wouldn't you be allowed to have a rifle inside a gun safe ?
 

smoooth

Active member
Applying for a concealed permit might be hard to do with medical mj but I'm now sure. I would think if your just buying a rifle to keep at home you wouldn't have a problem getting it.
In Cali I bought multiple rifles and pistols while registered and had no problems.

Ask some friends maybe?
 

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