Marijuana & Guns, the Legal Risk is Very Real

Opinion

Marijuana and Guns
Marijuana & Guns, the Legal Risk is Very Real

Ft Collins, CO –-(Ammoland.com)- Marijuana, the Plot Thickens!

From a friend and lawyer:

“An inconvenient detail that is seldom mentioned in public is that 18 USC 922(g) states that it is unlawful for (3) a user of marijuana to possess ‘in or affecting commerce’ (who knows what that mumbo-jumbo means, except that the Feds firmly believe it means simply ‘to possess’) any firearm or ammunition.

No exceptions!

So, the issue is not simply that foolish marijuana-users CO or ME expose themselves to severe risk when they lie while filling-out a form 4473 (as you noted in your last Quip).

All marijuana-users (medical or ‘recreational,’ makes no difference, and it probably also makes no difference when and how much you used, nor even if you haven’t touched it for years) are liable for ‘selective enforcement’, when they are in possession of so much as a single round of ammunition!

Maximum penalty for violating 922(g) is ten years in Federal prison and/or a $250k fine, plus having all your guns and ammunition seized and never returned.

It seems American marijuana-users in a number of states have suffered the famous Chinese Curse: ‘Having your wish granted, without ever considering the implications!’

Will the current Administration, of some future one, send federal officers to CO and ME to kick-in doors and confiscate guns and ammunition from all marijuana-users, and then drag them all off to prison?

Probably not during an election-year, but stranger things have happened!

We have not seen the ‘last chapter’ in this story yet!”

Comment:

Again, when even lawyers and judges are as confused with this state/federal law conflict as I am, I don’t feel quite so ignorant!

But in the area of personal advice, I’ve little doubt that I’m on firm ground when I strongly recommend that all Operators, and all other gun-owners, stay far away from marijuana and all other illegal drugs, in any form and for any reason, “medical” or otherwise.

All politicians are afraid of armed citizens. Always have been! Thus, any excuse to forcibly disarm large numbers, under any pretext, ever represents an extreme temptation!

/John

Defense Training International, Inc

About John Farnam & Defense Training International, Inc
As a defensive weapons and tactics instructor John Farnam will urge you, based on your own beliefs, to make up your mind in advance as to what you would do when faced with an imminent lethal threat. You should, of course, also decide what preparations you should make in advance if any. Defense Training International wants to make sure that their students fully understand the physical, legal, psychological, and societal consequences of their actions or in-actions.

It is our duty to make you aware of certain unpleasant physical realities intrinsic to the Planet Earth. Mr. Farnam is happy to be your counselor and advisor. Visit: www.defense-training.com

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Lord-Pi-314

In our regional newspaper, they always have “The Police Blotter”, where all of the recent arrests are publicized, including the names of those charged, what the charge was, and the time and place of the arrest, along with the name of the arresting officer. Almost every week, between 20% to 30% of all the arrests are for possession of marijuana. The courts, the lawyers, and all their supporting structure are getting rich off these archaic laws. IMHO, these people are a bunch of hippo rites, because in my 70+ years on this planet, I have known LEO’s and even judges… Read more »

Joe b

I can eat anything the va gives me, any opioid, morphine, vicodin, etc… for my migraines from my crushed neck, 4 times torn shoulders, both torn knees, the 10 vertebrae that were crushed. but, but it affects my ability to do anything like enjoy having bigger veins, not have my teeth crumble like a meth head, or .. the 2 things men dont talk about, the ability to poop or have sex. My fault? I guess… I did sign that blank check to the government when I signed up, but they were supposed to take care of me medically. Well,… Read more »

Darren

Jack, It’s not that the states are “violating” federal law. In this case the feds are violating the CONstitution. Nowhere does the CONstitution give the feds the power to ban or regulate drugs. There’s a reason the Prohibition started & ended with CONstitutional amendments. To be CONstitutional the war on drugs would have to have started by CONstitutional amendment.

BTW, nowhere does the CONstitution say that the states can’t legalize drugs.

Kenny Smith

I think some of you are missing the bigger picture here, alot of marijuana users are not stoners, more and more these days marijuana is used for medical purposes, especially all the good it is doing for vets, try doing a little research before you start trying another ban on something. I have read several articles about the good that weed is used for, so I can go on and on , but I’m not . But haven’t we banned enough shit in the past 10 years !!!!!!!!!!

Darren

The war on drugs teams up with the war on guns. I’m glad most gun owners don’t use illegal drugs. They should still advocate their legalization. By allowing the govt the principle that they can ban things they give them the power to ban guns too. Mere possession of anything should be legal. Let’s adopt the marijuana activists slogan, “No victim, no crime”. It applies to guns as much as to drugs.

Robert

“No victim, no crime”, Nice idea, what about society and its breakdown as a victim from drug use/users? I get people regularly asking if I know anyone who wants a job as they need workers, no is always the answer and not because everyone is employed. Drugs and the drug culture should not be an acceptable norm because there is not “a” single identifiable victim. We are where we are from accepting things as not harming any “one” and I hope you can appreciate this. We need strong citizens who do not have any need or use for drugs to… Read more »

Darren

Robert, I’m not advocating drug use. I’m saying that keeping drugs illegal does more harm than good.

Drug & alcohol abuse are often symptoms of social decay more than causes. If we can fix our social problems we can reduce addiction & crime. Most of these problems are the result of govt action. The welfare state that destroys morals & the work ethic. The warfare state that glamorizes militarism, torture, & killing. In the end liberty is the answer to these govt caused problems not more or continued govt intervention.

tomcat

That is a really stiff price to pay for smoking a joint. I do not use the stuff and never have but I can’t help to feel sorry for some poor guy that smokes one then gets his gun to go target practice not knowing of the law. Possibly, it would be prudent to put warnings on the packages.

Jack

I still do NOT get it. How can Colorado, Washington state and other yahoos openly violate (even with a vote) Federal law concerning MJ? Can these states and others just ignore federal law–if so then so should gun owners so we become more equal to criminals who ignore the laws. The little senate shit Trump put in as atty. gen. needs to start going after this crap and also begin prosecution of the Hilda beast and so much more. We really are a third world country!

Robert

What a great way to take firearms, first get everyone stoned, stoner’s wont care your taking anything other than their weed, second, make it hurt ,

Maximum penalty for violating 922(g) is ten years in Federal prison and/or a $250k fine, plus having all your guns and ammunition seized and never returned.

Yay! Great, legalize pot America (why do they call it dope?)

I agree John, stay far away from marijuana

I. C. Reality

Ten years and a quarter million $ fine ? Sounds a bit excessive and unreasonable to me. That fine would totally wipe out 99% of the American population, and strip them of their 2A rights. Not to mention discriminatory since there is nothing about alcohol use in that bill, from what has been said here. Whoever wrote that law must have been drunk at the time. And an idiot all of the time. Could this be why so many states are decriminalizing and making marijuana so accessible ? So they can use it as a back door to destroying the… Read more »