The,,Roach,,ERA
Active Member
did you guys know having a medical card gives up your right to bare arms?
bull shit
- Thread starter The,,Roach,,ERA
- Start date
MacGuyver4.2.0
Well-Known Member
Prove it!
If in fact, one purchased arms in advance or PRIOR to obtaining said medical card, there is NO FEDERAL LAW that states you must surrender your previously cleared arms. Show us the law on the FEDERAL register that clearly states that.
I (and many others) would love to see it. Because what you just said violates ones constitutional rights under the second ammendment. Seeing as you only have 20 posts here on this site, I'll assume for a minute, that you are new. It helps to post factual information that clearly backs up your statement. This all assumes of course you are under the jurisdiction of the U.S.
Oh, by the way I have 2 arms and they are still firmly attached to my body, thanks!
If in fact, one purchased arms in advance or PRIOR to obtaining said medical card, there is NO FEDERAL LAW that states you must surrender your previously cleared arms. Show us the law on the FEDERAL register that clearly states that.
I (and many others) would love to see it. Because what you just said violates ones constitutional rights under the second ammendment. Seeing as you only have 20 posts here on this site, I'll assume for a minute, that you are new. It helps to post factual information that clearly backs up your statement. This all assumes of course you are under the jurisdiction of the U.S.
Oh, by the way I have 2 arms and they are still firmly attached to my body, thanks!
Hucklberry
Well-Known Member
Nothing in the Michigan act that prevents you from owning a gun infact your card info is held in confidence. I'll check the ccw rules and report back.
MacGuyver4.2.0
Well-Known Member
Huck-
They (the anti 2nd Amendment crowd) are referring to the Federal background check that one must pass to either get a handgun, CCW or ClassII or III weapon. The *FEDERAL* BATF form you sign clearly states that you, under perjury attest that you are not addicted to, or using any controlled drugs (of which cannabis is still listed as Schedule 1, controlled). They basically use that as a means to increase prison sentences when users are busted for ANY reason. Remember the U.S. Prison system is hungry, overcrowded and they want YOU to stay with them next!
TOO BAD for them there is no law enforceable under the U.S. CONSTITUTION that states you must give up your rights to 'keep and bear arms' when you were already granted that right by being a U.S. Citizen.
Now, the recent case of the guy who was a convicted killer from Texas is another story. He was a caregiver and was busted with a weapon...that he should not have been able to legally obtain based on his prior murder conviction. (they ask you that on that form as well). So he had an *illegally* obtained weapon. That is different.
But I digress. Still wating for the original poster to show us that FEDERAL LAW, cause that's what the BATF background check is, NOT state! (My mother told me to become a lawyer). I told her I was too smart for that!
The,,Roach,,ERA
Active Member
So i can still own a gun i privously had? I stay in Sacramento Ca
MacGuyver4.2.0
Well-Known Member
The,,Roach,,ERA
Active Member
Will do, if you can find an articale post it up im on a ps3 in my grow room so cant link the local paper where they said growers and guns, are why Californias becoming the wild west again
red0021
Active Member
Not OP butBut I digress. Still wating for the original poster to show us that FEDERAL LAW, cause that's what the BATF background check is, NOT state! (My mother told me to become a lawyer). I told her I was too smart for that!
http://codes.lp.findlaw.com/uscode/18/I/44/922
Section (g)
Basically, it says if you use or possess "controlled substances" you can't own a firearm, in as simple of terms as those things get.
MacGuyver4.2.0
Well-Known Member
Sorry, but nice try. ALL of those sections in that code apply to PRE-MEDICAL card holders. (as in before you ever get a medical card) As I said before, SHOW us the FEDERAL law that clearly states one must surrender thier LEGALLY OBTAINED weapons after becoming a MMJ patient. Good luck, cause it hasn't been written yet and WON'T BE. There may be a FEW states or local laws from a handful of bassackwards counties...but guess what? On a FEDERAL level you won't find it cause it would be in direct violation of the U.S. Constitution, 2nd Ammendment and would be quickly overturned.
Any other challengers? Yawn.
Case closed.
ALL of those sections in that code apply to PRE-MEDICAL card holders. (as in before you ever get a medical card) As I said before, SHOW us the FEDERAL law that clearly states one must surrender thier LEGALLY OBTAINED weapons after becoming a MMJ patient. Good luck, cause it hasn't been written yet and WON'T BE. There may be a FEW states or local laws from a handful of bassackwards counties...but guess what? On a FEDERAL level you won't find it cause it would be in direct violation of the U.S. Constitution, 2nd Ammendment and would be quickly overturned.Any other challengers? Yawn.
Case closed.
red0021
Active Member
It's already covered in existing laws.
MacGuyver4.2.0
Well-Known Member
Prove it! Let's see that wording I said. It does not exist. Unless you can provide the exact law and federal register number it doesn't exist.
MacGuyver4.2.0
Well-Known Member
No pissing match sonny. However if you are going to make claims you have to have verified, factual proof of your statements. Incorrect interpretation of an existing law is not carte blanche to apply it to any and all situations.
BTW, I already paid top dollar to a lawyer to prove my point and that was the outcome of it. THERE IS NO EXISTING FEDERAL LAW that directly applies to this particular situation.
Again, any of you pre-law or juris doctorate types want to chime in, have at it.
However if you are going to make claims you have to have verified, factual proof of your statements. Incorrect interpretation of an existing law is not carte blanche to apply it to any and all situations.BTW, I already paid top dollar to a lawyer to prove my point and that was the outcome of it. THERE IS NO EXISTING FEDERAL LAW that directly applies to this particular situation.
Again, any of you pre-law or juris doctorate types want to chime in, have at it.
yesca99
Active Member
Bonzi Lighthouse
Well-Known Member
Bonzi Lighthouse
Well-Known Member
No it does not say that, even if you take it out of context. Read it again.... it may have something to do with the tranfer from a FFL to an individual.
I believe this is what the out of context referal is:
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
MacGuyver4.2.0
Well-Known Member
*DING DING DING* We have a winner. You sir, are correct.
In short terms, that law precludes one from buying, possessing or transferring a weapon that falls under the regulation of that law. That means that collectables such as Civil war rifles, pistols, etc... are exempt from that law.
Now, if you are using drugs ILLEGALLY (but notice MMJ IS now legal in at least 17 states) OR you are addicted to a 'controlled substance', (even pain killers) this is a barrier to buying or transferring ownership of said weapon. They (the courts) must also *prove* addiction.
However, if you LEGALLY obtain said weapon FIRST and then LATER obtain your MMJ certificate or card (with no other conditions met that would prevent you) then can STILL LEGALLY own said weapon as long as local and state laws are also met.
Remember if you are legal in your state and do not cross state borders it is not considered federal as no state lines were crossed. There are a few podunk places where the local sheriffs have tried to make citizens turn in their firearms, but that was challenged.
It amazes me how many stupid people surrender up their 2nd Amendment Constitutional rights so easily without calling them on it. Every time you give up a right, they take yet another. This must stop!
themanwiththeplan
Well-Known Member
um. ive heard of this b4. my advice is not to register with your state. idk how everyone's mmj programs work but in my state you have the option to be put on the state or gov't list or not. of course i opt'd out of that because i feel like being in a state/federal registry is just asking to go to jail or get raided.
i purchased a gun before and AFTER having my mmj recommendation/card and cleared the background check w/o incident.
So unless you're on a federal/state list i wouldn't worry about it.
i purchased a gun before and AFTER having my mmj recommendation/card and cleared the background check w/o incident.
So unless you're on a federal/state list i wouldn't worry about it.