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Law question. MMJ and CCW

Discussion in 'Arizona Patients' started by Chimone, Dec 29, 2012.


    Chimone Active Member

    I have a concealed carry permit for my firearm. Im assuming I am not allowed to carry a firearm when I drive to Tucson to meet a caregiver? Or is it a non issue?

    Why carry? I dont know, I guess its better to carry and not need it than to not have it and wish you did.
    dutch black

    dutch black Member

    IMHO it should be a non issue, alot of people in AZ have CW permits and carry regularly. I am gonna assume (and I know I shouldn't but for the sake of argument) that you are a responsible adult and non some gangster gun toting thug. As long as you follow the guidelines as it pertains to your permit and personally I would probably leave your weapon in your vehicle during any meetings with other caregivers. Hopefully you won't need it but you will have it available if something bad happens. This is my own view on the issue, not reading anything from any rule book or anything.....just using common sense seems to work most of the time. Just be safe when meeting folks you don't know, maybe arrive a few minutes early and patrol the area briefly for any suspicious characters and I would say take a friend with you just to sit in your vehicle and wait for you. There's always safety in numbers! Be safe!

    hedinclouds Member

    ^^^that there be some truth

    irieie Well-Known Member

    Technically when you fill out the federal form to purchase a firearm you must state that you don't use illegal drugs or are addicted to any. Marijuana is federally illegal drug. The atf came out with this ruling. How it is being enforced is unclear except in large scale federal busts. I have a ccw ( got it before the new law was passed). But when I started growing and became a caregiver I sold my guns. In fact the last one I sold which was my favorite and my concealed carry (smith and Wesson m&p 9mm subcompact) and bought a bong with the money.
    Azweepei likes this.
    dutch black

    dutch black Member

    I hope this doesn't become a gun control issue but I personally would never give up my weapons in order to grow medicine. If I am in my own home, which in my opinion is my kingdom then no one is going to tread on my freedoms. One of my rights is to bear arms and this in written in the Constitution and my right to grow no matter what a bunch of politicians say is a gift from above. People lose sight that cannabis is 'just a plant', it's property of anyone that wants it and that is the they way that I see it. No one on earth should be forbidden from using it in any manner that they see fit, these laws and politicians have made this into an ongoing fiasco that IMHO is just a bunch of crapola! Alcohol and Tobacco are two of the leading causes of death among Americans but how is it that they get federal subsidies to produce it? This political machine has gone fucktard crazy and has so many people captivated with their lies and shenanigans about something that should be growing freely around the world. The war on drugs has been an utter failure since it began and cost tax payers trillions of dollars and also cost people their lives because of the injustice perpetrated due to it's failings. It's ok to drink yourself to death or smoke until you have lung disease but you can't smoke a joint in the privacy of your own home? What a bunch of hogwash!!!

    irieie Well-Known Member

    I agree with you 100% however the law states otherwise.
    HB DC

    HB DC Active Member

    A law cannot abolish another right, privilege or immunity!

    Keep in mind MMJ is still illegal under federal law... If you are harassed by the BP (border patrol) they enforce federal laws... So if I were driving to Tucson and MMJ were to be a passenger - No guns regardless of a CCW which is no longer required under State law to conceal a weapon!

    And lastly, when filling out form 4473 for a firearm the question is... Are you an unlawful user. or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
    Unlawful user - NO... I have a license issued by the State of Arizona to back this!

    A wiseman would distance MMJ from a gun! IMO...


    If you truly are worried about your safety and have no other means of protecting yourself, by all means bear arms.
    dbkick likes this.

    Chimone Active Member

    Which is exactly what Ive been doing since I got my card. I leave them at home and drive to Tucson unarmed and hoping for the best. I dont like it but I dont have a definitive answer as to what I can and cannot do yet.

    irieie Well-Known Member

    There are a lot of grey areas. But aside from the legal issues I don't think it is a good idea to bring a gun when picking up meds. It would not be good for anyone if the gun was used. If people are worried about their personal safety, you could get a taser or something similar. And hey they are made here in Scottsdale so you are supporting the local economy.

    Azweepei Well-Known Member

    dutch black

    dutch black Member

    Agreed....guns in the wrong hands can be very bad, and everyone's particular situation is different. A feeling of safety is a necessity in any situation especially when opertating in this arena many of us are involved in. There are alot of very bad people out there that have absolutely no respect for life or liberty and they will snatch it from you without a second thought. I would definately suggest whenever meeting with anyone you do it in a somewhat visible area during the day, don't meet up with anyone in a back alley or out in the middle of nowhere in the middle of the night. I have read countless accounts of people getting robbed because they didn't take any sort of safety precautions that may have prevented their unfortunate ordeal. Don't be afraid to have a brief friendly chat with the caregiver you are meeting either, anyone that is evasive or hassling you about having a convo with them I would stay away from. And never assume that because you have established a good record with someone they are always going to be safe to work with, always keep your guard up and eyes peeled for inconsitency. There are those that are just waiting for you to drop your guard, and that is when they will catch you with your figurative 'pants down around your ankles'! Just be safe and insist on it from those you encounter. Peace and Harmony are what we all should be striving for. Take Care Folks!!!
  12. IF you get charged with a drug crime, and you possess a firearm, the charges will be far far worse. doesn't matter if the firearm was registered and 100% legal, the charge isn't for an illegal firearm it's for simply HAVING any firearm, legal or not, while also committing a drug crime.

    ...we all know we SHOULDN'T be charged with a drug crime as long as we are following the MMA to the t. but we also should all know that police are scumbags and there are plenty out there who will lie and say you are committing a drug crime because you possess 2.6 ozs per patient instead of 2.5, even if you truly only have 2.5. And if that happens, good luck finding a lawyer to fight it with your bank accts frozen and all of your cash and possessions seized. hopefully you got some stashed in a very good place.... until it becomes federally legal and less of a grey area, i think it's definitely smart to avoid mixing guns with mmj

    Kervork Well-Known Member

    If you are anyway involved in marijuana you are considered a sub-human by the federal government and not allowed to own, use, or look at a firearm.

    This is because people who smoke pot go insane and run amok with assault rifles. Or maybe it is prozac, I forget.

    mike.hotel Active Member

    I asked this very question regarding weapons, and also about DUI's. Here is what I was told by a government employee. Say you are pulled over and have your firearm, and your MMJ, and you are completely white eyed and no issues, in the middle of a Sunday after attending church, and your firearm is secured in a legal fashion. First, if they find you with MMJ, even with your certified card, and you are operating a motor vehicle, you are popped with a DUI. They will follow the same path that you are impaired with a firearm as well and that is another charge. Here is the issue: The fact that MMJ stays in your system, even though you may not be impaired at that moment, you will test positive when they take your blood. Now there are many field phlebotomist that will pull up on scene, and extract your blood on the side of the road. Your driver's license gives them the right to take your blood.

    I was told that if you carry MMJ, completely legal as stated on the books, you can never drive a car or have a firearm.

    Chimone Active Member

    Well I can assure you that its not the case. Been pulled over, cop asked what I had. MMJ I said, I just picked it up from the caregiver. Cop checked my card and gave me my meds back and wrote a warning.
    Also, how are caregivers able to drive all over town delivering meds? Im thinking the gov't employee you spoke with doesnt have a clue

    Now Border Patrol is a different story. They take your shit right then and there, but send you on your way

    vilify Well-Known Member

    Im not sure on AZ laws, but here technically you cannot have a license if you have a med card.
    But it is that way because of how the laws were written ages ago, so they look the other way (unless you are clearly impaired, and getting pulled over in the first place).

    Previous poster is correct. you CAN own a gun while having a med card, but are not allowed to APPLY for a new CCW.
    If you had the CCW before you became a registered patient, then you should still be in the clear on paper, as long as you can prove the dates...
    but still be careful. shit happens.

    Azweepei Well-Known Member

    you forget, this is the Wild West. we dont need no stinkin CCW.

    Chimone Active Member

    true, but its easier to buy another one without a background check if you do

    longman Member

    This is a really interesting legal question. While I have no formal legal training I have read a half dozen John Grisham books, which clearly makes me an expert.

    I'm looking at it like this:
    In Arizona, carrying a firearm is legal (whether it is open carry or concealed). We are one of I think three states that have "right to concealed carry" I think the other two are Vermont and Alaska.
    So I guess the question is how does this crossover with having a medicinal card. I don't see an issue but I guess I'm biased. I always carry. There's just too many whackos out there doing car jackings and home invasions.
    swaggersDlite likes this.

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