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Topic: 2nd Amendment rights questions

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certified,cultivator
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2nd Amendment rights questions
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All of the recent debate over gun control legislation has raised some questions, seeing as how apparently simply possessing a MMJ card will result in failure to legally purchase a firearm if background checks are expanded to private and gun show sales.

However,

1) what if one already owns a weapon?  Does Federal law actually expect that one surrender their weapon because they get an MMJ card?  If the police came to the home of a MMJ cardholder and found a weapon on the premises, could that person be charged with a felony?

2) can MMJ cardholders legally inherit a firearm?  If Grampa leaves his hunting rifle to an MMJ heir, can the transfer of this property somehow be legally prevented?  Or does the transfer stay in limbo until the card expires and it is then legal to proceed?

I haven't seen much discussion on 2nd Amendment vs. MMJ, but it seems like this is potentially a huge issue for many people, especially in a gun-friendly state like AZ.  If anyone can provide any answers to my above questions I'd greatly appreciate it.  Thanks!

 



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certified,cultivator, Moderator
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on a firearm purchase form it asks if you are an unlawful user of marijuana, if you have a mmj card it doesent mean you are a unlawful user on a state level but under a federal level i would immagine it does, it remains to be a grey area that will be challenged in court, the form does not ask you if you are an alcoholic or a perscription drug user........

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certified,cultivator
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http://www.tokeofthetown.com/2011/09/federal_govt_its_illegal_to_sell_guns_to_marijuana.php

I hope this helps

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Certified, Cultivator
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Thanks Grower for the referance to the article I was thinking of.  I personally have not purchased a weapon since I was awarded a state MMJ card, and have not tried on purpose.  My #1 intent is staying as far off the federal and any government radar as possible.  I own plenty of weapons and will NEVER give them up.
I do recall a story that a patient went to his local gun store, they ran the ATF form, and he/she was not allowd to leave with the weapon.  Delayed for "further investigation".  I do not recall hearing anything more about that case.  I beleive I read it on one of the several Arizona forums I visit.
Been rumored that Veterans might lose the Right to purchase a weapon, especially with any past diagnosis of PTSD.  That rumor has been going on for a couple years.  There is plenty of fear about our Constitutional Rights being stolen from us as the dictator in cheif keeps signing Excecutive Orders.
Best adivise is stay off the radar, keep what weapons you have and obtain more if needed/wanted via the several untraceable methods still available.  I staocked up on ammo and weapons over 5 years ago, all of the weapons and ammo has doubled, some quadrupled in value since then.
Hope that helps you.
grower1987 wrote:

http://www.tokeofthetown.com/2011/09/federal_govt_its_illegal_to_sell_guns_to_marijuana.php

I hope this helps


 



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AZ Medical Bud, at your service.

Providing top quality medicine along with dependability, integrity and compassion. Serving the north and northwest Phoenix Valley.

AZMedicalBud@hushmail.com

You must be a patient in compliance with A.R.S. 36-2801.01 & R9-17-106

WE ARE NOT A DISPENSARY, CO-OPERATIVE OR A COMPASSION CLUB. MY WIFE AND I ARE FELLOW PATIENTS AND DEPENDABLE, HONEST CAREGIVERS.

I am a chronic pain patient in possession of a valid, Arizona Department of Health Medical Marijuana card, with cultivation rights. I offer caregiver services for nonprofit, cost of production donations. I also offer patient to patient transfers as allowed by Prop 203.
I am not a drug dealer, nor will I consider assisting anyone who does not possess or is in the process of possessing a valid, Arizona Department of Health Medical Marijuana card.

certified,Moderator
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thanks AZMB

thup



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certified,cultivator, Moderator
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people get delayed all the time, nothing to do with mmj, get yourself a ccw permit like i have and u can buy anything, they dont call for a clearence, it costs 60 bucks and u take a 8 hour class on a suturday...

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that is very true

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certified,cultivator
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Thanks for the input everyone. Does anyone have any experience or anecdotes about inheriting firearms while possessing an MMJ card?

I'm concerned about some of the recent increased gun-control proposals... if they actually knew how to disarm the loonies it might make sense, but instead just seems to demonize certain subgroups of people who aren't and never have been particularly dangerous. Also, I fear some of these proposed changes may make flying under the radar much more difficult than it currently is today.

Jammer can you get a CCW while on the MMJ registry? Does the State not check?

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certified,cultivator, Moderator
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they do not check, u are protected by the hippa law,just dont tell anyone you have a card,as far as inheriting firearms there is no problem again dont ask dont tell u have a mmj card, u can get a ccw no problem as long as do not have a felony conviction and deney any mmj use

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I wish that was 100% the fact. Did you know your AZ drivers license and/or state ID cards are ;linked to your mmj card ? I know this as fact.

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AZ Medical Bud, at your service.

Providing top quality medicine along with dependability, integrity and compassion. Serving the north and northwest Phoenix Valley.

AZMedicalBud@hushmail.com

You must be a patient in compliance with A.R.S. 36-2801.01 & R9-17-106

WE ARE NOT A DISPENSARY, CO-OPERATIVE OR A COMPASSION CLUB. MY WIFE AND I ARE FELLOW PATIENTS AND DEPENDABLE, HONEST CAREGIVERS.

I am a chronic pain patient in possession of a valid, Arizona Department of Health Medical Marijuana card, with cultivation rights. I offer caregiver services for nonprofit, cost of production donations. I also offer patient to patient transfers as allowed by Prop 203.
I am not a drug dealer, nor will I consider assisting anyone who does not possess or is in the process of possessing a valid, Arizona Department of Health Medical Marijuana card.

certified,cultivator, Moderator
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u can sue for any violation of the hippa laws, i wont be re-newing my card either

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Certified, Cultivator
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You wouldn't be the first.  The first year around 30,000 patients applied for their MMJ card.  Renewals are averaging 50%.  The assumption is many patients have found "caregivers" or just plain drug dealers who have agreed to keep supplying them marijuana with or without a valid card.  Others (like myself) hate having to pay the government any TAX for the "privilege" to use this natural medicine.
May I suggest if you and other patients decide to protest and not pay the State the $150 renewal taxation, that you consider contacting Bob and donating the $150 and some of your time to help Bob help us all to defeat this 25 Mile Rule.
You are 100% correct, the state ID and drivers license issue is absolutely illegal and against the HIPPA laws, but until someone actually sues and a Judge makes this ruling, the same government who we are forced to pay $150 a year for the "privilege" to consume this medicine violates our Constitutional and Civil Rights.
I have my 3rd card, valid with authorization to cultivate, valid through June 2014.  Regardless of my disgust and other feelings regarding this government taxing and abusing the patients of this state, I will not do anything illegal and give them the opportunity to arrest me. I owns all the guns and ammo I  need, ( it is a crazy world and I will never be anyones "victim, nor will anyone ever get away with doing harm to my family or my children). I drive legally and never give them probable cause t pull me over.  If and when I do, my vehicle is wired to record the interaction with Police both audio and video (per my attorney).  There are literally 100's of "gray" areas of this law, all which will require someone having to go through the legal system and get the magical Judge to rule.  Once the Judge has clarified and ruled on the section of the Law, it becomes Case Law.
I will continue to fight for the Rights of ALL patients, and I will continue to provide the highest quality medicine to as many patients as possible.  I am willing to get arrested and take any case to court and have the best attorney qualified in AZ MMJ laws to defend myself and my family.  People like Bob and myself are spending 100's of hours of time and money fighting the un Constitutional and Illegal 25 Mile Rule.
Really a simple to stay one step ahead of "Big Brother". I'll continue playing this silly little game, because he patients we service are not just patients, they have become friends and family.  I have promised them I will never let them go without, and I am a man of my word.
jammerk65 wrote:

u can sue for any violation of the hippa laws, i wont be re-newing my card either


 



__________________

AZ Medical Bud, at your service.

Providing top quality medicine along with dependability, integrity and compassion. Serving the north and northwest Phoenix Valley.

AZMedicalBud@hushmail.com

You must be a patient in compliance with A.R.S. 36-2801.01 & R9-17-106

WE ARE NOT A DISPENSARY, CO-OPERATIVE OR A COMPASSION CLUB. MY WIFE AND I ARE FELLOW PATIENTS AND DEPENDABLE, HONEST CAREGIVERS.

I am a chronic pain patient in possession of a valid, Arizona Department of Health Medical Marijuana card, with cultivation rights. I offer caregiver services for nonprofit, cost of production donations. I also offer patient to patient transfers as allowed by Prop 203.
I am not a drug dealer, nor will I consider assisting anyone who does not possess or is in the process of possessing a valid, Arizona Department of Health Medical Marijuana card.

Moderator, Certified, Cultivator, Vaporist, Adviser
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Thank you all, prohibition is wrong no matter the form, gun control is just another form. We must all stand together to protect our rights.
Keith Floyd and I are fighting the 25 mile rule. He is filing a class action, we are filing for the patients of TMMJ. This is going to cost both in time and money any help is needed.
Patient Advocate Group is here to stand for all your rights.

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