Do Card Holders Have A Legal Right To Defend Themselves With A Gun?

[GrassMonkey]

This saddens me, but it looks like if you're a pt. you loose the right to defend yourself and your family with a leagally purchased gun.

 

I may be wrong, but after looking around the internet it looks like the Michigan State Supreme Court has sided with the federal goverment on this issue.

 

So if they come into your home and find med/plants, with guns in the house, you are going down with a federal fire arms felony charge.

 

So if you shoot an intruder, and they find your meds or plants during their crime scene investigation, your're screwed too.

 

I think this is ridiculous that you can't protect yourself or your family with a gun if you are a legal card holder. But it's okay to have alcohol and perscription drugs in the home, then you are fine.

 

Now i looked up possesion as defined by law, it states their are two types:

 

1. physical possesion - i.e. you are actually holding or touching the gun

 

2. constructive possetion - this means you have immeadite access to the gun - i.e. it's in your home, glovebox, car, coat pocket, home safe,etc.

 

So the only way not to end up with a felony fire arms charge, if you own a gun, is to remove them from the property. Thats if i am interpeting the definition of possesion correctly.

 

What i would like to know is if i have understood this situation correctly and if any one else has been through the ringer with this situation, has any advice, knowledge, stories, ideas, etc.

 

Any input would be greatly appreciated, thanks!

Edited March 5, 2013 by GrassMonkey

[maxmax]

You maybe right no gun's and no driving and maybe the same I don't no for sure but I won't have a gun in the house and you need to make sure your car is in top shape so you won't get pulled over by Leo

Edited March 5, 2013 by maxmax

[GrassMonkey]

Thanks for the reply maxmax.

 

I know some pts. that are so poor they rely on their guns to hunt with to feed their families.

 

Just doesn't seem right.

 

Other drugs like alcohol and prescription drugs are okay though, that just doesn't make sense.

[SFC]

My question "are you using any illegal substances" and the answer to that is "No, under state law I am not". So you mark the form NO. Now, some prosecutors could try something with it, but if they do it is usually because they have you on something else with it, meaning you were caught outside the lines.

 

Now one thing that has been happening quite frequently is people getting busted out hunting or target shooting while using or in possession. That is a no go, you cannot be in possession/handling a firearm while you are under the influence, same goes for alcohol and any other drugs.

[Chauncy Gardner]

Wasn't there a case out west where a woman medical marijuana patient was denied her right to buy and possess a handgun and she took it to the Supreme Court and won? I am pretty sure that she won the right to possess guns.

 

http://www.freerepublic.com/focus/f-news/2831972/posts

 

Yes she won. The Oregon Supreme Court said she could and then the Supreme Court (US) refused to hear the case leaving the Oregon Supreme Court decision to stand.

[GrassMonkey]

SFC,

 

If i understand the law correctly you cant possess any meds/plants with a fire arm in the home. Period. Which i think is BS!

 

Chauncy,

 

Our Michigan State Appeals Court Has sided with the feds;

 

http://theclarklawoffice.com/blog/medical-marijuana-patients-in-michigan-cant-own-guns/

[SFC]

Well some gun boards have sided with us already. I guess it depends on your county.

[Herb Cannabis]

Wasn't there a case out west where a woman medical marijuana patient was denied her right to buy and possess a handgun and she took it to the Supreme Court and won? I am pretty sure that she won the right to possess guns.

 

http://www.freerepub...s/2831972/posts

 

Yes she won. The Oregon Supreme Court said she could and then the Supreme Court (US) refused to hear the case leaving the Oregon Supreme Court decision to stand.

 

How does this apply to Michigan? I wouldn't want to be the test case.

[Celliach]

You know what. People on prescription drugs haven't been allowed to have guns since the 1980's thanks to Reagan. Don't believe me, go look it up. MMJ PTs not being able to have cards has been on the books since before legal MMJ.

[hic]

The constitution trumps Reagan.

 

I do not need to list what I have been on in terms of pills.... I got popped hunting with no license for rabbits. Had gun "stevens".

 

Went to court told judge I did not have the proper materials in the eyes of the state to perform such a task... he almost cracked up.... Long story short.

 

No one cares about reagans ideas anymore.

 

I can go buy a gun today.

 

There is a difference of having a law and any-one caring about it... we cannot whale fish in MI? that law is example.

[Celliach]

It wasn't just an idea of Reagan's. It was passed as a law. It was called The Firearm Owners Protection Act.

 

Again, go look it up. Facts is facts.

[bobandtorey]

This saddens me, but it looks like if you're a pt. you loose the right to defend yourself and your family with a leagally purchased gun.

 

I may be wrong, but after looking around the internet it looks like the Michigan State Supreme Court has sided with the federal goverment on this issue.

 

So if they come into your home and find med/plants, with guns in the house, you are going down with a federal fire arms felony charge.

 

So if you shoot an intruder, and they find your meds or plants during their crime scene investigation, your're screwed too.

 

I think this is ridiculous that you can't protect yourself or your family with a gun if you are a legal card holder. But it's okay to have alcohol and perscription drugs in the home, then you are fine.

 

Now i looked up possesion as defined by law, it states their are two types:

 

1. physical possesion - i.e. you are actually holding or touching the gun

 

2. constructive possetion - this means you have immeadite access to the gun - i.e. it's in your home, glovebox, car, coat pocket, home safe,etc.

 

So the only way not to end up with a felony fire arms charge, if you own a gun, is to remove them from the property. Thats if i am interpeting the definition of possesion correctly.

 

What i would like to know is if i have understood this situation correctly and if any one else has been through the ringer with this situation, has any advice, knowledge, stories, ideas, etc.

 

Any input would be greatly appreciated, thanks!

 

Even though The State of Michigan has enacted the MMMA (Michigan Medical Marijuana Act),

 

the police and prosecutors have acted as if nothing has changed and charges and arrests have certainly not decreased. In fact, the amount of annual marijuana arrests is near an all-time high.

 

If you have been charged with any type of marijuana crime as a cardholder or a non-cardholder, we can help! We have been a leader in the medical marijuana legal field since the inception of the act and have been

 

successfully helping our clients facing marijuana drug charges for the last 30 years in Michigan.

With all the recent changes to marijuana laws in the state, we realize there is a need for aggressive legal representation to protect the rights of the medical marijuana community.

 

We are a part of the NORML Legal Committee to make sure that our clients are up to date on the latest information and court decisions.

If you find yourself a suspect, being investigated, or charged with anything related to marijuana give us a call today and we can protect your rights and give you the tough defense that you need!

[hic]

It wasn't just an idea of Reagan's. It was passed as a law. It was called The Firearm Owners Protection Act.

 

Again, go look it up. Facts is facts.

 

Look up my case...facts are just facts.

[bobandtorey]

 

 

How does this apply to Michigan? I wouldn't want to be the test case.

 

Me ether but I do think their will be one soon and I hope the person's or person has $$ to fight it

But they will also need support from us all here and they won't find to many

Here but some do and will like us and you John and Mr. King and Archie

And Brian,barb A ,

[Celliach]

I'm just saying that everyone is acting like this is something new, but it's been on the books federally for 30+ years.

[bobandtorey]

I agree it may be on the books but they won't allow in a court room and people won't fight it because the PA will offer them a plea or its 2 years in jail

For you IMHO

[hic]

I am just saying fear is junk. Do not spread it any longer.

 

An autistic boy or whatever the hell you wanna call me has been doing this forever...this hard-ship we call LIFE.

 

If it were as hard to live as you make it sound I would be dead or in prison already.

 

 

[bobandtorey]

I agree fear is a bad thing and with this Law it should not be that way any longer

But it is I think we should be fighting for what the people have gave us first not something we don't have IMHO

[hic]

I agree fear is a bad thing and with this Law it should not be that way any longer

But it is I think we should be fighting for what the people have gave us first not something we don't have IMHO

 

Goes all the way back to the war with the british... They gave a lot from then on!

 

I will not let fear of reagens words deny me what the hell they fought for.

 

No matter what reagen says I am an American...And an American has certain rights the british do not offer because again free will and war.

[bobandtorey]

Thanks for supporting the American way and I agree it just doesn't happen the way most think until they end up in court and find out the American way won't help unless you have $$ then maybe it will and maybe it won't

 

[Chauncy Gardner]

How does this apply to Michigan? I wouldn't want to be the test case.

 

 

I guess I assumed that gun rights were the same throughout the US. After thinking about it, I realize that all states have different laws. However, isn't the right to possess a gun a Federal issue that is bestowed by the Constitution? That seems to be the NRA's position. Therefore, if a MI resident was denied the right to possess a gun, couldn't that be appealed to the Federal level? There is no rational reason for the government to deny a medical marijuana user the right to have a gun. They are giving us a hassle only because they like to hassle marijuana users. It apparently gives them a reason to believe that they are doing something constructive. It is also a holdover from the War On Drugs days when the police had good reason to deny drug dealers and felons the right to own a gun. We are not drug dealers in the classic sense of the word. We are conforming to the laws of the State of Michigan and therefore should not be lumped in with those who are breaking the law.

[Wild Bill]

I'm just saying that everyone is acting like this is something new, but it's been on the books federally for 30+ years.

 

I'm guessing that they have been ignoring both drug and gun laws for 30+ years.

 

Now that the first law is more to there liking they're discovering that there are other laws that they don't like.

 

We can choose our medicine now but there are other legal consequences that no one thought about.

 

Of course there are so many things that are illegal here in the "Land of the Free" that it's hard to keep track of which one we're violating today.

[bobandtorey]

 

 

 

I guess I assumed that gun rights were the same throughout the US. After thinking about it, I realize that all states have different laws. However, isn't the right to possess a gun a Federal issue that is bestowed by the Constitution? That seems to be the NRA's position. Therefore, if a MI resident was denied the right to possess a gun, couldn't that be appealed to the Federal level? There is no rational reason for the government to deny a medical marijuana user the right to have a gun. They are giving us a hassle only because they like to hassle marijuana users. It apparently gives them a reason to believe that they are doing something constructive. It is also a holdover from the War On Drugs days when the police had good reason to deny drug dealers and felons the right to own a gun. We are not drug dealers in the classic sense of the word. We are conforming to the laws of the State of Michigan and therefore should not be lumped in with those who are breaking the law.

True we should not be lumped in with durged dealers but that's is the way they see it and use it against us

 

It's like the story of 1 bad apple Spoils the bunch

[DLD420]

I'm just saying that everyone is acting like this is something new, but it's been on the books federally for 30+ years.

Being able to use MM has only been legal (sort of) for 4 and a 1/2 years. Before the MMMA if caught you knew it was illegal. Now we should be protected and don"t seem to be. So actually it is new. Edited March 5, 2013 by DLD420

[Dr. Bob]

SFC,

 

If i understand the law correctly you cant possess any meds/plants with a fire arm in the home. Period. Which i think is BS!

 

Chauncy,

 

Our Michigan State Appeals Court Has sided with the feds;

 

http://theclarklawof...-cant-own-guns/

 

I am familiar with the case out west, I saw there was a mention of a CoA decision here in MI on that law firm site, but no citation. Do you know the case?