license to carry and caregiver information

Discussion in 'Massachusetts Patients' started by dsmer, Apr 14, 2015.


    dsmer Well-Known Member

    So i've been trying to find out some information and no one seems to want to give me a straight answer. Im wondering if i'm allowed to be a caregiver in mass with a ltc a firearm. I know mass is really strict on there gun laws and as far as i'm aware you cannot be a patient and own a firearm which is stupid IMO. They have a specific question on the ltc form asking if you use marijuana. The state seems to frown open gun ownership and marijuana, although I know a bunch of alcoholics who carry firearms all the time and "thats not a big deal". I would like to become a caregiver but I don't want to jeopardize me firearm ownership. I personally think that if i'm growing medicine I should be able to protect myself just like anyone else. Especially being at a higher risk of getting robbed. Anybody got any insight?

    BarnBuster Virtually Unknown Member

    depending how important it is to you, you may want to search out an attorney specializing in both MM and CCW laws and buy an hour of his time. i wonder if there has been any Mass case law on this yet?
    GvegasGrowa likes this.

    WeedFreak78 Well-Known Member

    Just lie on the CCW application about drug use. Or don't grow under MMP protection..there's no real easy answer in this state. From what I was told through a few Rec. Doc meetings was to get the CCW first, then the MMJ..if you are a registered MMJ card holder, most likely they won't give you a CCW..even though they aren't supposed to have access to who is a registered MMJ card holder, they do and use it against you. They never check the other way to see if you are a licensed gun owned before giving you a MMJ card. This only applies to state law as far as i know.

    no gun license / no MMJ = possible big charges(state and/or federal)
    gun license / no mmj = weapons in a cultivation operation = possible big charges( state and/or federal)
    no gun license / MMJ = similar to above, might not be AS harsh, might not be considered as weapons used in the act of cultivation, not sure as the cultivation is state approved..( state/ possibly federal?)
    Gun license and MMJ = pipe dream in if you can swing it , probably your best protection(federal crime only at that point, unless either license was received due to falsifying documents - lied about drug use on CCW,etc, then possible state charges)

    YaY Massachusetts..:spew:

    Not a Mass case but, I have an acquaintance in RI who was licensed to both carry and cultivate. He was raided for overcultivation, which at the time of the raid he wasn't over, luckily..but he was charged with all kinds of shit because he kept his guns in the same room as his grow. It was a 15'x15' bedroom that had a 10x10 grow room built in it, the guns were unloaded, locked in a gun safe in the walk-in closet of the bedroom,but it didn't matter. It took him over a year and close to $5G's to prove his innocence and get his guns and growing equipment back. There were 2 guns he never got back..the polices response..too bad so sad..we have no record of them, one of which was a documented antique flintlock that belonged to some historic figure worth over $1G...
    Last edited: Apr 25, 2015

    d57 New Member

    the issue here is being a caregiver. Under that card you are not "permitted" to consume. I would imagine it would come down to the cop himself. Does he have reasonable suspicion to think your a user, probably, yet do they need a warrant to be able to test for use? I also heard the same about getting licenses as above. get the ltc 1st. yet like said this is mass who knows were it would go and I also cannot find much current info on whats legal or not

    dsmer Well-Known Member

    i still havent found any good info yet. i called a couple police dept's and they dont even know. dept of health doesnt know and a lawyer i talked to doesnt know. so its a large "grey area" that could potentially get someone into a lot of trouble even if they intetended to follow the law. again, thank you massachusetts for being so stupid. i cant wait to get out of here
    Worcester likes this.

    Worcester Well-Known Member

    Now you know!!! :wall:

    dsmer Well-Known Member

    so apparently its not a MA issue but a federal one. I did some research and found that alot of people who have mmj cards are being denied sales of firearms. Reason being is that if the govts thinks you smoke cannabis that you arent capable of handling firearms.

    Now there are plenty of instances that i know of (including one in my home town recently) that there was a shooting in which a girl was killed by someone who 1. legally owned a firearm, 2. was a former prison guard, 3. daughter is a police officer, 4. was drinking alcohol at time of shooting. along with plenty of other occurrences involving alcohol and shootings. this I have a big problem with. Alcohol and firearms should NOT be mixed but both of which are legal, tolerated and often times pushed in todays society. How many times have you heard of someone who is taking a million prescriptions for mental health reasons and gets depressed and shoots themselves or harms others? i cant recall anyone getting high and going on a rampage killing people or themselves when there are no other "legal" substances involved. Its a ass-backwards system that needs to be addresses and changed. why should we law abiding citizens be punished or forced to be criminals?

    Another example ill give is a good friend of mine who is an older gentleman that is a vietnam vet. He served his country and is now dealing with many health issues, including cancer. He is a gun owner and very proud of it and wont give them up as he fought for the freedom to own them. He is constantly being ignored and given poor treatment from the VA. It is hard for him to get the proper care he deserves. Now i have personally seen how much cannabis has helped him along with CBD. he loves it and says its the only thing that helps him. but he just recently discovered the benefits of cannabis and wants it more but cant because he doesn't want to break the law or give up his firearms. so basically he has to suffer and deal with what "the govt thinks is best for him" or become a "criminal" to get the help he wants and deserves. bare in mind the "medication" the doctors give him dont help and only make him sicker and destroys his liver anyway so tell me how he is being helped. Thanks u.s. government.
    mauricem00 likes this.

    Woperelli New Member

    From what I gathered by my local PD that being a caregiver and having a LTC is alright as long as theres no plans of becoming a patient otherwise it could have some hefty consequences. Reason I was given was because caregivers are not legally permitted to use the "narcotic" it doesn't make them a drug user. Hopefully they stick by that when I go for my interview for LTC, also I was advised that if you have both licenses youd be better off carrying one or the other at a time.
    Illinois Enema Bandit

    Illinois Enema Bandit Well-Known Member

    lying on your application is a good way to be convicted of manslaughter or worse,if u shoot somebody to protect your life or the lives of others,and mj is involved by being in your system,home,car,on you etc you are screwed in an anti firearm state like Mass,you will be prosecuted for giving false info on your app & have a 90% or higher chance of being charged with a capital crime .

    your going to have to chose one or the other,especially if you plan on concealed carry .

    Woperelli New Member

    That's why I checked with the local PD beforehand, curious to see how this is gonna go after November when marijuana will probably be voted in as legal in Massachusetts.
    Illinois Enema Bandit likes this.

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