Jump to content

Order For Return Of Property

trix

By trix
in The Michigan Justice System

Recommended Posts

  • Replies 54
  • Created
  • Last Reply
Kingdiamond Advanced Member

Kingdiamond

Posted
Posted

Where does it say anywhere in the law that a person with a non felony cannot posses a firearm in a residence that contains a grow ?

 

The Right to bear arms is a constitutional right and i see no way unless they charge you with an illegal activity that violates the mmma of 08 that you can be charged with a gun felony if your within the law .

Link to comment
Share on other sites
Kingdiamond Advanced Member

Kingdiamond

Posted
Posted

I know this isnt michigan but im sure we are headed to a similar situation.

 

 

Oregon Medical Marijuana Users Are Entitled to Oregon Licenses to Carry Concealed Guns (Notwithstanding Federal Ban on Gun Possession by Illegal Drug Users)

Eugene Volokh • May 19, 2011 6:37 pm

 

So holds today’s Oregon Supreme Court decision in Willis v. Winters.

 

Under federal law, 18 U.S.C. § 922(g)(3), unlawful users of marijuana are generally barred from possessing guns, and this includes medical users (since federal law has no medical marijuana exemption). Does this preempt a state concealed carry licensing law that has no exception for medical marijuana users? No, said the Oregon Supreme Court: The licensing law doesn’t create an affirmative obstacle to the federal marijuana ban, but simply means that Oregon isn’t going to help enforce that ban. Oregon set up the general ban on concealed carry; it is now free to relax that ban by allowing licensing, and it doesn’t matter that some of the licenseholders are barred by federal law from possessing guns — let the federal government enforce its own gun ban if it wishes, but Oregon has no obligation to assist with that. Seems correct to me.

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

So for clarity sake, if you are a patient and grow at one address, and at your home you have a registered gun (1), where there is no grow but meds. and associated material, you ARE breaking the law? with a 2year felony possible

 

Thank you

 

So the gun and MM, this is the worst section of the law (IMO) In MI, it is NOT illegal to posses Marijuana and a firearm, but it is considered Felony firearm if you have a gun of any kind antique, family hand me down, legal registered, doesn't matter Gun Safety Control Act, states if your in possession of a firearm while committing a felony (Manufacturing Marijuana) that you are charged with the crime of Felony Firearm 2 yr min. mandatory sentence.

 

So yeah (IMO) If you have any doubt in your head that cops are coming to your grow, get rid of the guns.. you can fight a felony manufacturing charge alot easier than a mandatory felony firearm charge.

 

2nd Amendment says I can bear arms, State of Michigan says I can grow marijuana.

 

Then why will a pt/cg legally growing MM be charged with a felony if they have a gun where a marijuana plant is growing?

make absolutely no freaking sense to me.... THIS IS A 2 YEAR MANDATORY CHARGE!!!

 

To put this in perspective a little bit. Say you catch a 4 year felony manufacturing charge, which is the charge most people get when caught growing marijuana. that 4 year charge could be worked down to a lesser sentence no jail, probation fines yada yada, now say you get that same manufacturing charge and a gun is found on site you will not be able to wheel and deal your way outta that charge of felony firearm 2 yrs goodbye. They have us by the balls with this section of the law.

========================================================================================================================

King, I have to reread your post I lost track w/ all my babbling.. but I think you showed the Oregon Gun Law, I know there was a case just as of late that a woman won a case in the Supreme Court pertaining to this same subject.

 

We ALL really need to add this into our letters that we write to our reps, they are giving you a choice grow marijuana or own a firearm. Can't have both.

 

Trix :bong2:

 

Can't wait to get all my stuff back, it's been a long time coming!! it's gonna be like Christmas, my birthday, and Thanksgiving all in one day LoL

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

The real question is where are your 12 marijuana plants that have to be returned? Are they still alive and well? Wouldn't that be destruction of property if they have been harmed.

 

Mike

 

My thought since the day my case was dropped!!!, They have all my plants as evidence tagged still. I don't see how they can say we don't have or cannot give them back, they would have produced those plants at trial right, so they should still have them intact to return to me.. I have heard otherwise though, guess we will see what they do with your plants after you win a case involving a legal MM grow when I go to get my stuff?

 

Trix :bong2:

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

I agree Mike,

 

Here is a link to a thread on firearms and MM and the law stated in a C.O.A case..

 

http://michiganmedicalmarijuana.org/topic/29906-having-ccwbeing-a-patient/page__p__280499__hl__firearm__fromsearch__1#entry280499

 

There's no dispute that Its not against the law to have a CCW,or posses a firearm, and be a PT or a CG.

 

But what is illegal is Manufacturing Marijuana, not possessing Marijuana, but manufacturing/cultivating it.

 

By growing your 12 allotted plants per PT, you by [Federal] Law are committing a felony [Manufacturing Marijuana]. This is the part where that makes the firearm not legal any more permit or not.

 

The Michigan State Court systems are not recognizing the the MMMAct thus making it a felony to grow pot, and be in possession of ANY firearm. See the Michigan gun safety control act," Anyone in possession of a firearm while in the act of committing a felony {Manufacturing Marijuana], is felony-firearm."

 

"uncle lawyer said to me and i carry as well "do you want to be the first person to find out what will happen if the cops stop you and you have your pistol and marijuana"

 

I don't know if you have seen this yet I posted in a similar thread, but this is addressed in a C.O.A case..I'm being tried for this crime ONLY because my gun was simply in my house, LEO said I'm growing that makes it a felony to have a gun. So your uncle the lawyer won't be the first person to find out.

 

Small excerpt from the C.O.A, on the subject. http://coa.courts.mi..._298065.OPN.PDF

 

Defense Counsel. Another crime you have to pay attention to, and the judge is going to read to you, is possession of marijuana. And I want you to be very careful. Possession of marijuana is totally different from manufacturing marijuana . Manufacturing marijuana, the judge will tell you, is a felony.

Prosecutor. Objection, your honor.

 

Trial Court. Sustained.

 

Defense Counsel. Possession of marijuana—the judge will give you different crimes and, therefore, one crime she’s going to read to you is the instruction which is [sic] possession of marijuana. And if for some odd reason you feel someone possesses marijuana while in possession of a gun, that is not felony-firearm. . . . I want to make sure you understand possession of marijuana, while having a gun, is not felony-firearm. And that you have to have the gun in your possession in furtherance of the crime, to make it a felony-firearm. In rebuttal, the prosecutor did not mention possession of marijuana, but reiterated, “if you decided you are going to manufacture marijuana and have guns you’re guilty of felony-firearm.”

Finally, the trial court clearly instructed the jury that they must find that defendant “committed or attempted to commit the crime of manufacture of marijuana” in order to convict defendant of felony-firearm. The court also instructed the jury, “It is not necessary, however, that the defendant be convicted of [the crime of manufacture of marijuana].”Thus, the jury was not presented with confusing information regarding what was required.

 

Just thought I'd share that, cause its B.S get legal only to be arrested for your constitutional right to bear arms its a catch 22. they will win every time with this section of the law all by itself... more people own guns then cable T.V.

 

Trix :bong2:

Link to comment
Share on other sites
mayorherb Advanced Member

+mayorherb

Posted
Posted

Wow, OK I am probably reading into this, but grow equipment released with a handgun? Does that mean they are leaning towards saying a MMJ patient can have a gun?

 

Like I said, probably reading into this, but that is a big step forward... Congrats on getting your stuff back, it's about time.

 

 

All ways could ahve a gun and your License..You are allowed a gun with vicodin and Oxy..

Link to comment
Share on other sites
Kingdiamond Advanced Member

Kingdiamond

Posted
Posted

In the state of Michigan, any *felony* drug offense automatically makes the possession of a firearm a 2 year felony.

Very true but if your observing the law the simple possesion of a MMMP registration card and plants does not automaticly bar anyone from owning a firearm nor does it become a crime because theres a gun in the same house as a medical grow unless arresting officers have proof of a mmma violation .

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

Very true but if your observing the law the simple possesion of a MMMP registration card and plants does not automaticly bar anyone from owning a firearm nor does it become a crime because theres a gun in the same house as a medical grow unless arresting officers have proof of a mmma violation .

 

Please take no offense King, but your a moderator now people look at your answer and will stick to what you type. Contact a lawyer guys gals, it is ILLEGAL to grow marijuana and be in possession of a gun.

 

It ISN'T illegal to be in possession of MM and have a gun, but is if you are cultivating/manufacturing it.

 

Trix :bong2:

 

ps. "nor does it become a crime because theres a gun in the same house as a medical grow unless arresting officers have proof of a mmma violation ."

 

The crime you are committing is felony manufacturing of a controlled substance marijuana, Thus we should all be protected under the MMMA of 08, but if you have read any articles as of late most counties don't even recognize our law which they use as the reason for the arrest in the first place. possession of a gun and MM isn't illegal.... manufacturing MM and having a gun is a felony. fact.

Link to comment
Share on other sites
Kingdiamond Advanced Member

Kingdiamond

Posted
Posted

Please take no offense King, but your a moderator now people look at your answer and will stick to what you type. Contact a lawyer guys gals, it is ILLEGAL to grow marijuana and be in possession of a gun.

 

 

Show me something anything that prohibits you from possessing a firearm being a caregiver or patient growing in their home .

 

So your saying the mere presence of a firearm in a home with a grow turns legal cultivation for medical purposes into felony cultivating and manufacturing Even if no limits were broken or any part of the law not followed?

 

FYI when a open carry caregiver friend of mine saw your post on this it sent him into a panic i need to see a written law that prohibits legal non felons from possessing a firearm legally in a area with a grow I'm not talking about if they broke the law then of course its felony firearm and I'm not talking about what they could do they could do whatever they want to but to my knowledge as far written law is concerned nothing precludes a legal cultivator from owning a firearm and having it in the same home or building as their grow .

 

Trix don't take this rebuttal as a personal attack on you if this is indeed true a lot of peoples lives can be affected by this law popping up out of nowhere .

 

Maybe Micheal Korman can settle this since he is a lawyer and you and me aernt . :mellow:

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

King,

 

Gun Safety Control Act of 1968, makes possession of ANY firearm while in commission of a felony(Manufacturing Marijuana), to be charged with Felony firearm.

 

I know we have our card we are legal? That's why I called the police in my case, I was legal to the letter and was robbed.

 

The State of Michigan Courts (well Oakland County) doesn't want to recognize Medical Marijuana, Thus cultivation of marijuana is a felony FEDERALLY. This is where they use your and violate our 2nd Amendment & your LEGAL REGISTERED FIREARM against you, and charge you with felony firearm.

 

I know you asked me to show you written words where it says that. In the last post I included a C.O.A case file that speaks of this subject directly. (IMO)

 

If my case didn't get dismissed I would have written part of our law on this subject if it went to trial. I know there are a few cases that contain the felony firearm charge connected w/ the manufacturing charge in court right now.

 

Like I said I think this is a part of the law no one is doing anything about and it's very discouraging, I will PM Michael, possibly you could as well. Michael was my lawyer in my case he should tell you the same thing I am. I know I just went roughly a year through court and a crap load of money I don't have to be able to hopefully provide you all with correct information about this section of our law.

 

IT MUST BE FIXED!!! SOMEONE SHOW ME HOW TO START FIXING IT PLEASE...

 

Trix :bong2:

 

http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968 Here is the definition of the act.

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

Michael you awesome. I hope I have same result in Bad Axe.They can never give back my dead wife.

 

My apologies for not knowing the details of your case, I'm sadden to hear of the death of your wife. :(:notfair::thumbsd::growl:

 

Jeff If you have a thread that speaks of your case PM me so I can read up on it please and thank you.

 

 

 

Trix :bong2:

Link to comment
Share on other sites
CedarSpringsCG Advanced Member

CedarSpringsCG

Posted
Posted

Ok, so I get it... The growing Felony is a federal felony. The law you are breaking isn't a state law, so they can't charge you with that. But since you are breaking a federal law according to them, you have a state felony firearm charge. That's some BS. I saw somewhere that they can convict you of the felony firearm even if they can't convict you of the felony itself. That's BS too. innocent until proven guilty would say that you aren't in possession of a firearm while committing a felony until the point you are convicted of that felony.

 

I really really hope that Barney Frank and Ron Pauls bill passes to make it completely legal to grow as long as your meds don't leave the state. Then all of these questions will be done, and as long as you aren't breaking the MMMA08 you can have your guns back as your not committing a felony at that point, Felony Firearm is no longer an issue.

 

I really think the state legislature needs to get together and set fines for overweight, over plant count etc under the MMMA. Like if you are registered cg/pt and are 1/2 oz over weight, I don't think they should completely throw out the fact your registered and nail you with a 4 year charge, no it should be a civil infraction like speeding. Pay a $100 fine and go on with your life.

 

Maybe we can get that guy on the east side of the state to introduce a bill like that. That would be amazing.

Link to comment
Share on other sites
Sinsemillaplease Advanced Member

Sinsemillaplease

Posted
Posted

Ok, so I get it... The growing Felony is a federal felony. The law you are breaking isn't a state law, so they can't charge you with that. But since you are breaking a federal law according to them, you have a state felony firearm charge. That's some BS. I saw somewhere that they can convict you of the felony firearm even if they can't convict you of the felony itself. That's BS too. innocent until proven guilty would say that you aren't in possession of a firearm while committing a felony until the point you are convicted of that felony.

 

I really really hope that Barney Frank and Ron Pauls bill passes to make it completely legal to grow as long as your meds don't leave the state. Then all of these questions will be done, and as long as you aren't breaking the MMMA08 you can have your guns back as your not committing a felony at that point, Felony Firearm is no longer an issue.

 

I really think the state legislature needs to get together and set fines for overweight, over plant count etc under the MMMA. Like if you are registered cg/pt and are 1/2 oz over weight, I don't think they should completely throw out the fact your registered and nail you with a 4 year charge, no it should be a civil infraction like speeding. Pay a $100 fine and go on with your life.

 

Maybe we can get that guy on the east side of the state to introduce a bill like that. That would be amazing.

 

I was just talking about this the other day. No medical exemption for committing a single, small violation of the mmma is absurd. You should never be in a position to get jail time for 1 extra plant or oz.

Link to comment
Share on other sites
trix Advanced Member

trix

Posted
  • Author
Posted

UPDATE: Return of Property

 

THEY GAVE IT ALL BACK MARIJUANA AND FIREARM, LIGHTS, FANS, ALL OF IT!!!

 

they broke one of the bulbs, but the officer was super cool and I have him on video saying we broke a bulb....

 

He makes a comment "you gonna youtube it" on the video lmaooooo!!!

 

here are some pics. enjoy I have never heard of anyone getting there plants returned to them before anyone else?

 

gallery_14200_580_3372979.jpg

gallery_14200_580_2806159.jpg

gallery_14200_580_619028.jpggallery_14200_580_2417496.jpg

gallery_14200_580_6968.jpg

 

Trix :bong2:

 

I have a video, but it wont upload I'll figure it out and post it.. WE WON!!!

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
×
×
  • Create New...