Legal weapon in car, passenger has marijuana?

Did somebody say otherwise?

If you are comfortable getting pulled over with a gun and marijuana in the car, by all means.

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Did that ruling change the current question on Form 4473?

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Form doesn’t mention cannabis does it,
And asks if you’re a user of illegal drugs or if you’re addicted.

We got folks here saying they can go anywhere they want because they have the constitutional rights to carry a gun.
The right to carry their gun after they had a couple beers.

A constitutional right is a constitutional right doesn’t say anywhere in the constitution you can not exercise your constitutional right if you consume some cannabis in your life.

And I believe that’s what the federal appeals court was saying.
You cannot restrict one’s constitutional rights because they’ve consumed cannabis in the past.

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The premise of the whole damned thread says otherwise!

you the legal possessor of a firearm (meaning not addicted to or user of cannabis or related products) are in a vehicle with someone else who IS a user or more accurately merely in possession of said substance.

Are YOU culpable for THEIR transgressions?

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If there is marijuana in your car while you are driving and have a firearm, you may be.

Ask an attorney before being federal-felon-or-not court case level of certain.

That passenger drops some in the car. They say it’s not theirs or they invoke their Rights and don’t say anything at all to the cops who now have you with a gun with marijuana in your car. Now what?

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If I don’t know they have a current federally illegal substance on their person?
I can’t be held responsible for their actions, that’s between them and the police.

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By that logic, if you have a bottle of alcohol in your home you COULD be an alcoholic,… aka addicted to a controlled substance, and therefore forbidden from possessing a firearm.

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Not according to @Nathan57 apparently

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Alcohol is not a controlled substance.

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So my 19yo can go to the store and buy it?

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In Nevada I believe it is a State requirement that you have alcohol and reefer in your house within 30 days of becoming a resident. :wink:

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Controlled Substance means something specific.

Alcohol is not a controlled substance

" * Under the Uniform Controlled Substances Act, alcohol is not a controlled substance."

" Another CSA controversy surrounds specific language the act uses to exempt alcohol and cigarettes. Title 21 of the United States Code reads, “The term ‘controlled substance’ means a drug or other substance, or immediate precursor, included in Schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco.” "

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Cool, so alcohol and firearms DO mix!! :man_shrugging:

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You can legally be a user of alcohol and still buy and possess firearms, yes.

In some states it is even legal to carry a gun while drinking, yes.

In some states, it’s legal to carry a gun while drinking at a bar. Yes.

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the conservative-majority Supreme Court in June 2022-06-23/) for the first time that the Second Amendment protects an individual’s right to carry a handgun in public for self-defense.
U.S. Circuit Judge Jerry Smith, an appointee of former Republican President Ronald Reagan, said that decision meant the statute was invalid as applied to Daniels.

“In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” he wrote.

U.S. Circuit Judge Stephen Higginson, an appointee of former Democratic President Barack Obama, in a concurring opinion agreed while noting that many other gun safety laws had likewise been struck down since the Supreme Court’s ruling.

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And again, the premise of the thread is that you’re residing in one of the many states that have on a state level decriminalized marijuana.

Nobody’s arguing that it’s still federally illegal, just that the gun owner is compliant with federal laws, and someone in their vehicle is not.

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Maybe they didn’t file and pay their taxes.

I’m not responsible for the crimes let alone the federal crimes my passenger may or may not be committing.( how would I know)

No, that’s not my joint officer, go ahead, swab my mouth you won’t find any THC.

Ps
What do the DEA squad cars look like.
Why would a city, county, state leo charge you with a federal drug crime when its legal for an adult over 21 to possess cannabis in his jurisdiction?

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Former law enforcement here. Its your vehicle, you have care, custody, and control over what is in your vehicle. Unless your passenger claims ownership of the Marijuana, which I only recall happening once in my career, the driver owns it, or if it was within reach of both parties, they will both be charged. People caught with dope will sell out their family to avoid an arrest. Drugs make you do vile things.

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Were you federal? Or local?

Were you in an area like Colorado for instance that has decriminalized it?

Did you have weight of federal law to detain someone for paraphernalia until federal agents showed up?

Colorado law allows any individual over the age of 21 to carry up to two 2 ounces of marijuana on their person for personal consumption.

Individuals are allowed to cultivate up to 6 rooted plants with a maximum of 3 in flower at any time.

Any individual is allowed to have in their home any amount that they cultivated so long as they don’t exceed the 2oz maximum on their person outside their home.

So if you were a local Colorado cop, and stopped me, a responsible gun owner, who neither uses or possesses marijuana on my person…. But my passenger does and claims ownership of it.

Would you detain me for federal charges?

And would that even be legal?

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I was local. It is not legal in my state, thank God. I’ve heard what a paradise Colorado has become since they made pot legal, with dopers smoking their weed everywhere. Not familiar with Colorado law, so I can’t comment on it.

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