Marijuana and Guns

[Optimistic Paranoid]

I've done a couple of posts here in the past about an organization I'm a member of - The Armed Citizen's Legal Defense Network.  http://armedcitizensnetwork.org/

One of the advantages of membership is access to their online journal as an educational resource - articles by well known firearms instructors like Massad Ayoob and John Farnam as well as lawyers specializing in defending self-defense shootings.

As of right now, four states - CO, WA, AK, and OR have legalized the recreational use of Marijuana.  More states are considering it.

While the use of grass is no longer a state crime in those jurisdictions,  Federal law has not changed.

An article in the September issue of the ACLDN's Journal by a WA lawyer documents several cases where WA citizens have defended themselves from criminal attack with lawfully possessed firearms, been totally cleared of all charges by the state, and were then prosecuted by Federal authorities - and convicted and sentenced to Federal prison - for "carrying and discharging a firearm during and in relation to a drug trafficking crime".

Something to be aware of.  The Feds may not bother over mere possession of grass in those locales, but mixing grass and CCW can be very problematical.

Regards
John

 

[my_vantasy]

Interesting. Ohio is one of those States considering legalization of medicinal and recreational marijuana. We vote on it in November.

 

[Canine]

Easy to avoid problem.Just leave the guns at home.

 

[johnny b]

Alcohol is legal in all states....but not so while armed.

The only thing compatible with carrying a weapon is a 'clear' mind.

If you smoke, drink, take meds that warn of drowziness, or even fighting a cold with Nyquil....leave your piece in its lockbox.

 

[Van-Tramp]

Many states permit drinking & guns. Only a very few (Texas ironically) do not allow guns in establishments that sell alcohol (establishment that has 50% of total sales, or greater, in alcohol sales). For instance, in Colorado (my home state) it is perfectly legal to enter a bar, sit at that bar, and even have a drink while armed. I have done it myself a numerous times. The law specifically states that you can not be "intoxicated" which is further defined as the blood alcohol level percent (0.8% in most states). I know myself better than any politician or law maker. I know that I can have my single Coor's Light and still have full faculties to both be armed and drive a car and even be well within the legal limit of "intoxication". With that said, I do NOT have a second drink without removing my gun and locking in the vehicle, and handing my keys to a designated driver. Obviously I do not drink a second round very often.

So, much like driving a car to and from the bar is perfectly legal, so is having your piece with you. We all are 25 times more likely to be *accidentally* killed by a car than a firearm. 80% more likely to be killed by a car over a firearm at all

However, to get back to the main topic... Yes, the National Instant Background Check System is run by the Feds . You must go by the Fed's rule, not the State. So, you may have a prescription for pot from your doctor, but do not expect to purchase a gun legally after that.. ever, for life. You must fill out the background check form truthfully (felony if you lie) and if you do admit to smoking pot, even for medicinal use, then you will be denied the gun sale and/or the CCW. In fact, your current and valid CCW can be revoked for getting a pot prescription right now.

 

[Optimistic Paranoid]

Easy to avoid problem.Just leave the guns at home.

I'm sorry, Bob.  Not true.

This may sound implausible, but several such prosecutions have already taken place in Washington State. In one case, two masked intruders broke into a luxury home and threatened the life of the 35-year-old homeowner and his nine-year-old son. The homeowner shot and killed both intruders. The homeowner was growing marijuana as part of his "co-op" that provides medical marijuana for other members of the "co-op." The local prosecutor found that the homeowner acted in self defense and he was not prosecuted for shooting the intruders.

Four months later, the homeowner was charged by the United States Attorney for 1) manufacturing marijuana, 2) carrying a firearm during and in relation to a drug trafficking crime, and 3) possession of a firearm during and in relation to a drug trafficking crime. The homeowner was sentenced to 84 months in federal prison (60 months were solely for the firearms related charge) with another 36 months of supervised probation upon release.

About six months later, in a very similar case in Washington State, a homeowner shot at a home invader. The home invader was a felon in possession of a firearm, who was on probation at the time of the home invasion. As far as the State of Washington was concerned, there was no question that this was an appropriate use of deadly force in defense of the home owner and his family. The homeowner was charged with "carrying and discharging a firearm during and in relation to a drug trafficking crime." The homeowner was sentenced to 32 months.

 

[MikeRuth]

Well then, if you want to use a fire arm to defend your self, you best not be involved with illegal drugs on a federal level eh!

BTW those stories above just go to show how screwed up our government is, there is no need for the feds to be going after these people especially since the state cleared them.

 

[highdesertranger]

Mike Ruth I couldn't agree more. on another note when Oregon first made medical marijuana legal if you got your card(RX) you could not own a gun, you basically gave up your 2nd amendment rights. so be careful. highdesertranger

 

[ramblingvanman]

Easy to avoid problem.Just leave the guns at home.

I will keep my guns and just avoid the drugs. Still easy to avoid the problem.

 

[Optimistic Paranoid]

The more I think about this, the more it seems this could be a problem even for people who don't carry guns.

The Feds could claim your vehicle was being used in "drug trafficking" and use the asset forfeiture laws to seize it if they wanted to.

I suppose it would all depend on how much they wanted to "send a message" on the whole issue.

Regards
John

 

[cyndi]

Back in the early days of medical marijuana the state of California would hand out licenses to approved dispensaries and the feds would then bust them. It stands to reason the same thing could happen to individuals with a prescription. I'd be very cautious on federal land.

 

[johnny b]

Well then, if you want to use a fire arm to defend your self, you best not be involved with illegal drugs on a federal level eh!

BTW those stories above just go to show how screwed up our government is, there is no need for the feds to be going after these people especially since the state cleared them.

So if a state passed a law allowing the hunting of Bald Eagles, you'd be ok with that....after all the state cleared it.

(Substitute any federal law such as voting or civil rights)

 

[66788]

Well, since the courts have ruled that there is no ID requirement to vote, and that police cannot ask for documentation that the person of interest is in this country legally, I guess the quick answer would be not just yes, but "hell yes."

In my opinion, voting and gun ownership are both fundamental rights enumerated in the Constitution. If voting doesn't require ID, then gun purchases shouldn't either. After all, a lot of damage can be done to a country by allowing illegal aliens to vote.

 

[MikeRuth]

So if a state passed a law allowing the hunting of Bald Eagles, you'd be ok with that....after all the state cleared it.

(Substitute any federal law such as voting or civil rights)

I'm sorry Johnny but I have no idea or what you mean by that. 

I believe what I said is,  that if you intend to use a gun for self defense you better not be doing illegal drugs. And in this thread that was Pot legal or not in whatever state. 

Mike R

BTW no I wouldn't be ok with hunting bald eagles. That's my preference.

 

[Gary68]

Marijuana and Guns??? add Ferrari's and titties and i'm in heaven

 

[Canine]

I guess I'm a little slow,but I'm having trouble making the pot/bald eagle connection.

 

[highdesertranger]

com'on Bob everybody knows all Bald Eagles smoke pot. don't they. highdesertranger

 

[66788]

com'on Bob everybody knows all Bald Eagles smoke pot.  don't they.  highdesertranger

The one I saw last night did...

 

[ramblingvanman]

The one I saw last night did...

The last one I saw was high as a kite. Just saying.

 

[johnny b]

Sorry for the confusion...this part about why should the feds arrest you if the state has legalized it is what i was referencing:
"there is no need for the feds to be going after these people especially since the state cleared them."

Federal law trumps state law...if the DoJ wants to !  

That's the only point i was trying to make.