Civil Protection Order case recently was overturned by a circuit court.
So here's a scenario to consider. If you are in California, you have a municipal marijuana card, you're at the gun range, you get stopped by law enforcement, you get arrested. Are you an unlawful user of a controlled substance? And the answer from the court is yes. Because under federal law, it's still a scheduled drug, schedule one.
But you say, "Hey, I got this marijuana card, can I have a gun?"
It's an interesting question.
Having a card is not what's illegal when you have a gun, right? The law doesn't say that you can't have a gun if you have a marijuana card. Right? It says you can't be an unlawful user.
Now, what does "user of" mean? Does that mean ingesting it? Does that mean partaking in it? Does that mean selling it?
It probably means all of the above.
But the card itself is not a controlled substance. But it's exactly the evidence that would lead a jury to believe that you're an unlawful user. So it can be used against you if you're a gun owner. So if you're out there getting a medicinal marijuana card and you're a gun owner, you're putting yourself in some serious legal jeopardy.
And more!
Email us your questions at info@munitionsgroup.com.
Co-host Derek DeBrosse is a licensed Ohio attorney with a firearms legal practice emphasizing in Gun Rights Restoration. Derek began his law practice immediately after law school in 2008 when he graduated from Regent University School of Law; Derek also holds a B.A. from The Ohio State University. Mr. DeBrosse’s practice not only focuses on rights restoration but also a variety of other firearm-related matters from NFA issues to FFL representation. Derek has represented individual, corporate, and grass-roots organizational firearm clients in both Federal and State court.
Co-host Stephen E. Palmer is a trusted Columbus criminal defense attorney of nearly 30 years. He has developed a distinctive approach to criminal defense work by making a sincere effort to know each of his clients on a personal level. Steve recognizes that no two cases are the same, and neither are his clients’ needs. He believes that criminal defense isn’t just about representing a client in court; it’s about helping clients craft solutions to their problems. Steve reaches solutions through careful contemplation of all facets of a client’s problems—not just the black-and-white legal issues.
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Recorded at Channel 511, a production of 511 South High Media LLC.
Copyright 2024 Steve Palmer and Derek DeBrosse
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