Marijuana user in possession of a gun

[bikemutt]

http://www.columbian.com/news/2011/oct/31/ore-man-with-sniper-book-held-without-bail/

This story seems odd to me. The guy was arrested for suspected drunken driving, they find he has a loaded pistol and a novel about a sniper attack loaded on some sort of media, he was on school property at the time. But now he faces federal charges of having a gun on school grounds and for being a MJ user in possession of a firearm.

All the fluff aside, is it the case that if an otherwise law-abiding citizen gets arrested for whatever, and there is either proof or suspicion the subject smoked a joint the night before, he is now in felonious possession of his firearms?

Just to be perfectly clear, I don't smoke pot, I'm just wondering.

 

[Frank Ettin]

The bottom line is that marijuana is illegal under federal law, and therefore any user of marijuana commits a federal felony by possessing a gun.

[1] Under 18 USC 922(g) --

"(g) It shall be unlawful for any person—

....

(3) who is an unlawful user of ... any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

....

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. ..."

[2] Marijuana is a Schedule I controlled substance under federal law (21 USC 812), and can not be prescribed lawfully under federal law.

[3] Since marijuana is a Schedule I controlled substance, it may not be prescribed lawfully under federal law. And therefore anyone using marijuana, even under state medical marijuana laws, is, under federal law, an unlawfully user of a controlled substance.

 

[Bubba613]

What he said. A DUI involving MJ will disqualify you for purchase.

 

[bikemutt]

Agreed Bubba613, but the subject was not attempting to purchase from what I can tell. He is though, in possession.

 

[DMF]

18USC922(g) is not just about purchasing or transferring firearms and ammunition, it's about possession. Read the statute citation again.

If you want to smoke weed, you can't legally possess firearms and ammunition, it's that simple.

 

[JohnBT]

www.washingtonpost.com/national/ore...without-bail/2011/10/31/gIQA0Q8LaM_story.html

Let's see, at 13 he wrote on a desk at school that he wanted to kill teachers and students.

When he was 15 he shot a pellet gun at a tourist boat on a river.

He was caught driving away from the school just before midnight on a game day. He had a loaded pistol, hundreds of rounds of rifle ammo, POT, and some other stuff.

And lots more stuff at home. It's in the article.

His nickname in high school was Kip Kinkel. In 1998 Kip Kinkel killed his parents and opened fire on his high school cafeteria in Springfield. He killed two students and wounded 22 others.

So yeah, I can see where the cops were suspicious.

 

[Ash_J_Williams]

Suspicious, sure. But when there's no justification and no proof, that seems like a pretty big infringement of someone's rights.

Just because you did a few weirdo things as a kid doesn't mean you're a criminal as an adult.

 

[bikemutt]

Good find JohnBT, the national story spells it out in much more detail.

Interesting he is being prosecuted federally, I would have thought a local arrest with multiple State laws broken, the County would have charged him. I suppose it was the drug user in possession of guns that got him there.

Medical MJ gun owners best be careful.

 

[lobo9er]

Prohibition didnt work with booze and its not working with MJ but for what ever reason the gov'ment is sticking to there guns with prohibiting mary jane. I think they like to make an example outta a poor shmuck once in awhile. Trump up some charges show the people whos incontrol.

 

[TexasRifleman]

The question has been answered. We don't debate drug laws here.