• Here is a link to the full explanation: https://rollitup.org/t/welcome-back-did-you-try-turning-it-off-and-on-again.1104810/

What is the law on fire arms? Anyone know?

#1Raiderfan420

#1Raiderfan420

Well-Known Member
OK, so I have a couple shotguns and a couple hunting rifles in my home and a medical garden. I was told today that I am not allowed to own a firearm while growing medical marijuana. I have searched all over the web and can't find anything on this. Does anyone know the law? I do know that a fire arm will increase a sentence if growing ilegally, but didn't know there was an ordinance targeting medicinal growers.
 
Balzac89

Balzac89

Well-Known Member
I know dispensaries are not allowed to have weapons on premises, but i have no idea about growers. If its a Ferderal bust you will get chrages. Basically grow houses are still highly illegal on the Federal level.
 
#1Raiderfan420

#1Raiderfan420

Well-Known Member
I understand that on a federal level medicinal growing is still illegal and fire arms will increase the charges (on a federal level). However, our president has said that medicinal marijuana growing will not be prosecuted in federal court. I don't grow enough to be on their radar. The guy running for DA in my county made a statement that medical marijuana growers give up some of their rights, one of them being the right to bear arms. I thought of just calling the county and asking, but not really interested in getting on their radar even though my numbers are always below the limits.
 
#1Raiderfan420

#1Raiderfan420

Well-Known Member
I know man, it is really hard to get any clear guidlines. Here is the attorney generals guidlines which does mention fire arms and collectives ro dipsensaries.http://www.ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf I think the answer is do not have guns in your house if you are growing, shich is fucked because I can't imagine not having protection in my home. I would say from what I have been reading that it is up to the descretion of the officer and I would not have a gun in or near your garden.

This is the part that mentions weapons, still not very clear.

2.​
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
 
MrZuLu

MrZuLu

Member
I have two arms and 10 young ladies sitting pretty... think I keep it that way and refrain from hunting beef... Too much like work butchering the damn things anyway... Ray's works... I don't need no dam weapons to eat with...

fishing pole still works... (thank geography the Japan Current is last)

well... with the oil spill and 2012 Winter Solstice looming guess I'll go fill the bowl and put on some Yes, "Close To The Edge"


yeah...
 
whiteflour

whiteflour

Well-Known Member
So actually it's a federal law against dealers and not against patients, that sounds reasonable he's just protecting his own interest. You simply go buy a gun from someone on the private market... problem solved. I thought people have been doing that since that rediculous Brady bill anyway.
 
MAc DRe

MAc DRe

Well-Known Member
Sustainable420 said:
Diff. forum:

http://www.marijuana.com/drug-war-headline-news/140995-ca-legal-medical-marijuana-patients-buy-guns.html

Some very interesting points, mostly regarding fed. vs. state laws.
Click to expand...
Thanks for posting that link. It has some good info on it, atleast enough to figure out that this is another major gray area, just like no limits on how many plants you can have. It seems as long as you dont circle the 11e box that says your a medical marijuana user, they are going to sell you a gun. the gun store owner has no way of checking if your a medical marijuana user (to my knowledge) Because it is privelaged info. And if it comes down to you can just go to a gun show and get a gun very easily their without any paperwork. :mrgreen::weed::weed:bongsmilie
 
whiteflour

whiteflour

Well-Known Member
Definitely a gray area. You could omit the fact and they might sell you the gun. But you also might get hit up with fraud charges if something ever come of the gun, for instance it was used in a crime. I'm an advocate of getting all firearms from the private sector, and only buying guns manufactured prior to the Brady bill. I've got over 15 firearms and not the first one is registered in any federal database.
 
cooknsmoke

cooknsmoke

Active Member
#1Raiderfan420 said:
I know man, it is really hard to get any clear guidlines. Here is the attorney generals guidlines which does mention fire arms and collectives ro dipsensaries.http://www.ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf I think the answer is do not have guns in your house if you are growing, shich is fucked because I can't imagine not having protection in my home. I would say from what I have been reading that it is up to the descretion of the officer and I would not have a gun in or near your garden.

This is the part that mentions weapons, still not very clear.

2.​
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
Click to expand...





Its not up to the officer. Its only up to the officer at the time of arrest because obviously if they bust you and you had both the garden and a gun then of course, they will check out to see if everything is legit including your guns and etc. The one you should worry about is the DA if they want to press charges or not and under what gun laws you broke. If you are well within your range regarding your garden and guns then most likely the judge will dismiss the case (also depend on your mmp status – dr. recommendation or state card).

This is not all that gray of an area of the law as some people think. The answer to your question would most likely beYES, you can own a gun as long as its legal - given that there is no gun ban in your city and etc. Of course there are many factors that come into play when you have mutiple guns and a medical garden, but people who play by the rules should be fine if the gun is kept inside the residence for defense purposes. After reading your brief descriptions of arms you may have, you should be fine. The court will interpret what gun laws apply for you (things such as criminal past history and etc). There is no special or new state gun laws affecting "legit" medical grower. Whatever the gun laws is in California is still the same. Your county prosecutor will have a hard time passing that gun ordinace that you were talking about. Not only does the DA need the city or county council approval (given that the law isn't already there for them to use, but also its local political climate). On top of that, the DA purpose gun ordiance also have to abide by California state gun laws but most importantly under our U.S Consitutional amendment - the right to bear arms. Your best start is to look into medical marijuana case law that had similiar incidents or events concerning a garden and a gun in your state. Then you will know what the ruling was or the outcome and how it might affect you. In a good sense, you can learn alot from someone else's mistakes. :blsmoke:When you find a case law, my only advise is to really look into cases that been through the state appeallate court or Ca supreme court because district court ruling might only affect that particular county and will be challenge in the near future.

Here is an short example of a MM case law - people vs STACY ROBERT HOCHANADEL Just a typical CA grower and collective owner who got caught up. Although it is very brief, on page 5 it state that the person had numerous loaded guns with a garden inside their residence and this person was busted by both state and federal officals. However, they had no gun charges. The court affidavit confirm that.



http://www.courtinfo.ca.gov/opinions/archive/D054743.PDF

If you need additional information that will be highly benefical then you should check out this website where you can find any case law in your state or county and by what judge and etc...Then come to your own reasonable conculsion of what is best for you and how you can be a law abiding grower. :mrgreen::mrgreen::mrgreen:

http://www.courtinfo.ca.gov/courts/


Note: Another note that I should make is that the law is complex and difficult to understand. Just by reading it doesn’t mean a person is able to interpret what it actually mean. If one should risk going to jail then one should really double check that with a lawyer specializing in our field! This doesn't really concern you cause you seem like a person who can understand the law fairly well just by checking out your other post that you drop me ;-);-)
 
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