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home defense in a medical marijuana grow house

Discussion in 'Legal & Political Archive' started by deadmeat08, Oct 5, 2011.

  1. deadmeat08

    deadmeat08 SE PDX Member

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    so, i have a friend of a friend (and i really do mean that, it's not me, just someone i know that i said i would research for) who grows medical marijuana. this person grows medical marijuana according to local laws and follows all the rules. unfortunately, they just had to move to a neighborhood that isn't very safe. their property has been shot up during random gang violence. they're afraid of owning a firearm in the case that it brings more charges down on them if the feds raid their house.
    the question is, if they're abiding by all the local and state laws pertaining to growing medical marijuana, how does that factor in to defending their home and property from gangs and thugs? can one own a firearm for home/personal defense when one grows medical marijuana in oregon without incurring charges? if the federal government were to raid the house in violation of local laws, would criminal charges be worse?
     
  2. 22many

    22many PNW Well-Known Member

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    I would suggest you read the thread in the legal and political section pertaining to this subject. I'm sure you will find your answers there.
     
  3. deadmeat08

    deadmeat08 SE PDX Member

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    yeah, i didn't really look it up, i didn't really expect this sort of situation to have come up on here before...
    i'll search and see if i can find any information pertaining to this sort of thing
     
  4. deadmeat08

    deadmeat08 SE PDX Member

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    ok, so from going through the previous topics (which from what i read, only pertain to users), the atf/whatever federal agency specifically denies abusers of federally scheduled substances the right to own firearms.
    but what about oregon laws?
    if someone is legally allowed to grow medical marijuana in their home for use by local, legally allowed clients, how does that affect the legal grower's right to defend themselves and their property?
     
    Last edited: Oct 5, 2011
  5. Abiqua

    Abiqua Oregon Active Member

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    Marijuana is illegal under federal law. IMO (and just my opinion, IANAL) if the feds raid you for growing pot they'll probably throw everything they can at you including weapons charges, just to see what sticks.
     
    evltwn and (deleted member) like this.
  6. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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  7. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    I think your friend of a friend of a friend should hire a lawyer now.

    Question, do they store their medical marijuana with their medical booze? :p
     
    Gunner3456 and (deleted member) like this.
  8. coupeowner

    coupeowner SW Portland Bronze Supporter Bronze Supporter

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    The scarier the gun looks, the more likely "that person" would end up in the middle of a police PR stunt (especially multiple guns). Another worry is how close they are to a school. They always make a big deal out of that. (Seems to me that just about everybody is within a few blocks from a school)
     
    PaulZ and (deleted member) like this.
  9. Guilty

    Guilty Salem, Oregon Active Member

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    IMO, your friend of a friend is asking for trouble moving into a crime ridden neighborhood as you described and running a grow operation. Sometimes you can't fix stupid.

    I guess this means that they don't own firearms now and they are thinking they need a gun only because of their grow operation. This cannot end well.


    It will be impossible for them to protect their property from gangs and thugs. The word will get out that they have a grow operation and some lowlife will want what they have. They will not be able to provide 24 hour round-the-clock security.

    Of course the charges will be worse. all you have to do is read the news to answer this question.
     
  10. deadmeat08

    deadmeat08 SE PDX Member

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    thanks everyone!
     
  11. 22many

    22many PNW Well-Known Member

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    Also don't forget the media. "man grows a large amount of pot and has several assault rifles stockpiled" is the heading I would her on the 10 o'clock news. Even though it may be legal and you have a 22 caliber it still wouldn't look good for your friend.
     
  12. deadmeat08

    deadmeat08 SE PDX Member

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    very true
     
  13. t.huynh

    t.huynh vancouver, wa Active Member

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    Compound bow-problem solved....for now..
     
  14. CharonPDX

    CharonPDX Portland, OR Active Member

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    The part to me is, the ATF is lumping "unlawful use" along with "addicted to". Marijuana is one of the least addictive drugs out there, considered by multiple medical sources as less addictive than caffeine.

    While I have no doubt that there are many (quite probably even a majority of) medical marijuana users that are right-and-truly addicted, there are some that actually use it sporadically for medicinal reasons. (I have no illusions about it - I support medical marijuana, yet I also fully believe that a majority of those who get prescriptions are doing so solely to "legally" use marijuana for non-medical purposes.) Obviously, those that are truly addicted (even if they are taking it for truly medicinal purposes,) should be excluded from gun ownership. As should those addicted to other obviously-legal controlled substances.

    But, for those (who are probably a minority) who actually use it sporadically for truly medicinal purposes... They are not "addicted", so there goes that part. And, by state law, they are using a controlled substance legally. As the Federal Government has stated that they will not prosecute "simple use" of marijuana by those who have state-approved prescriptions, I would argue that the Federal Government has abdicated responsibility for that "crime", and therefore defacto declared it legal. Therefore, it is not unlawful use.

    Do I want the pothead down the street toting around a gun? No. Do I think the little old lady who smokes an occasional joint to counteract the effects of her cancer treatment should be allowed to own a gun? Sure, no problem.

    Don't punish stereotypes or assumptions, punish actions.
     
  15. Scott

    Scott Battle Ground Well-Known Member

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    Drugs, guns, and possible dead bodies????hmmmmmmmmmmmmm

    I see prision time coming.......... Fed law always trumps state law and when it comes to drugs and guns it is not a good combo. Legal wise.
     
  16. 22many

    22many PNW Well-Known Member

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    Funny that you should mention that. Years ago (when I was alot younger) I had 3 friends that were pot dealers. After several months of surveillance, all 3 got arrested. 2 friends got 4 years and the other got 8 years. I asked why he got 8 years and not 4 and my friends response was " cause he had guns also". I guess the DA looks at dealing AND having guns as "intent" and "conspiracy to commit".

    Now, they were far from legal but it goes to show that just having a gun while doing anything illegal puts you in a whole different set of rules.
     
  17. 8ball

    8ball WA Quit talkin' and start chalking!

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    It's called a 'sentencing enhancement'. This is what happens when you elect 'get tough on crime' politicians who write laws without thinking through the consequences. Your rights get violated even though crime rates have been going down for years.

    The Volokh Conspiracy - The Second Amendment and Sentence Enhancements for Firearms Use or Carrying in Connection With Crimes:


     
  18. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Sorry too many responses to go through,but I just saw a letter at a gun shop from the ATF that pretty much said they aren't real interested in the local laws and that pot was still against federal laws and there for if you hold a medical MJ card you can't own a gun.

    I would say you better have non firearms weapons for self defense
    YMMV
     
  19. ShooterMcGavin34

    ShooterMcGavin34 Washington New Member

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    The bottom line is, if you are going to defend yourself from criminals with a firearm that is your choice. If your friend is legal under Washington law, the chances of a FEDERAL raid on his 15 plant grow in his spare bedroom are pretty much nill if he keeps his mouth shut. If the local police or the feds come knocking on your door, I would suggest you do not open it with a firearm in your hands. Am I a lawyer? No. Do I have a small amount of common sense? Yes. Just my 2 cents.
     
  20. Gunner3456

    Gunner3456 Salem Well-Known Member

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    People who wish to retain their freedoms would be wise to obey the laws. To me, retaining my freedoms includes staying out of jail and retaining my right to own and carry firearms.

    I will never knowingly put myself in a position where there is any chance I'm penalized, especially by the feds, unless the SHTF throughout society and then all bets are off.