Recent Decriminalization of 1/2 ounce or less of Marijuana.

How do you all think this will affect us permitholders? I smoke on occasion, in the PRIVACY of my home and keep my guns locked when I do. You can argue either way, but to me, it's safer than alcohol which I NEVER drink, not even beer. Also I have friends with convictions for less than1/4 ounce, barred from getting a permit, I am pretty sure that since the "crime" is now off the books, they can get a permit, although as we all know, "suitability" = "deniability"

I don't get it. What does one thing have to do with another? And what do either of those things have to do with open carry?

As far as the topic goes, I think it is a drop in the ocean. If they completely stopped trying to enforce victimless crimes, our justice system would be much better all around.

Rich B said:

I don't get it. What does one thing have to do with another? And what do either of those things have to do with open carry?

As far as the topic goes, I think it is a drop in the ocean. If they completely stopped trying to enforce victimless crimes, our justice system would be much better all around.

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Ok, I get caught with a joint (while NOT carrying), do I lose my permit? Because until July 1st, possesion of < quarter ounce is one of those "bad" 11 misdemeanors.

Joeygee23 said:

Ok, I get caught with a joint (while NOT carrying), do I lose my permit? Because until July 1st, possesion of < quarter ounce is one of those "bad" 11 misdemeanors.

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As we all know, suitability and the egregious abuses under color of law make it impossible to determine with any accuracy whether or not you will lose your permit. The only thing that can be speculated is whether the court will side with you or the police.

Rich B said:

As we all know, suitability and the egregious abuses under color of law make it impossible to determine with any accuracy whether or not you will lose your permit. The only thing that can be speculated is whether the court will side with you or the police.

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Smart money bets on them siding with Police.

Plus do not forget, one of the questions on the forms when you purchase a firearm is, "Are you an illegal user of or addicted to marijuana." Lying on that form would probably make you unsuitable not only for a permit but also to purchase any gun.

brk913 said:

Plus do not forget, one of the questions on the forms when you purchase a firearm is, "Are you an illegal user of or addicted to marijuana." Lying on that form would probably make you unsuitable not only for a permit but also to purchase any gun.

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And alcohol gets no mention. Percocets, vicodines, oxys and everything else a doctor can LEGALLY get you hooked on is absent from mention too. I'll just stay away from pot....too much to lose here!

If you got caught, without your firearm (and it's a misdemeanor), I don't think there is an issue.

If what I see every month at the BFPE is any indication, you were responsible for not carrying. I think it wouldn't have any effect.

At least, that's how they are handling it with drinking issues.

Look at it this way.

I've seen people applying for a permit, get denied with an "at this time" if they exercise poor judgment. I've seen people get denied on renewal from DPS and have to fight it. When those individuals can state "I've had my permit for (x number of years) and I haven't done anything stupid while carrying......." I've seen them usually get their permit back (don't think I can recall a case in the past 8 or so months that didn't go that way.

And there is ALWAYS an alcohol issue at the BFPE. ALWAYS!!!!

Jonathan

As long as we have people being arrested and/or prosecuted for victim-less crimes, we will always have significant grey area issues.

The solution is to make sure the laws on the books only go after people who commit crimes that have victims.

In the case of carrying while drinking, there is no issue by itself. When it becomes an issue is when you hurt or threaten someone else or any of the other numerous crimes you can commit at any other time as well. The alcohol should have nothing to do with it. You are responsible for your own actions. If you drink and carry, there should be no interference from the government. If you carry and threaten someone or hurt someone either while drunk or sober, there should be the penalties that are on the books.

Our laws are (sadly) also based on the idea that when you drink you should somehow take less responsibility for your actions. I don't buy this.

Joeygee23 said:

How do you all think this will affect us permitholders? I smoke on occasion, in the PRIVACY of my home and keep my guns locked when I do. You can argue either way, but to me, it's safer than alcohol which I NEVER drink, not even beer. Also I have friends with convictions for less than1/4 ounce, barred from getting a permit, I am pretty sure that since the "crime" is now off the books, they can get a permit, although as we all know, "suitability" = "deniability"

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I am not a lawyer, but I would think that despite the offense being removed from the books now, the conviction for the previously existing crime still stands and therefore could be used to deny a permit.

Rich B said:

In the case of carrying while drinking, there is no issue by itself.

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I agree, but......

This is another reason to end suitability. If you drink and have a firearm, they say your judgement was cloudy and you let this happen. Therefore, you're not suitable (often with an "at this time" in order to have you come re-apply for your permit at a later date).

Jonathan

Hef said:

I am not a lawyer, but I would think that despite the offense being removed from the books now, the conviction for the previously existing crime still stands and therefore could be used to deny a permit.

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Believe it or not, if time has passed, it may or may not be used.

I've seen guys with similar charges, but happening five or ten years earlier. The board thinks time has passed and you haven't "done something stupid"..... and often will indeed give you your permit.

One of the odd quirks in our "may issue" and "suitability".

Jonathan

KIX said:

One of the odd quirks in our "may issue" and "suitability".

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I would like to see people call 'may issue' 'can deny' instead. JMHO

Rich B said:

I would like to see people call 'may issue' 'can deny' instead. JMHO

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I agree, however, one is a known term. The other is the sad truth.

In this instance though, it is interesting that they actually would give you your permit back, before the law. Now, if we ended suitability, this would be a misdemeanor.

I'm very strong on CT laws, but not enough on federal. Is this enough on federal to deny?

Jonathan

Medical Marajuana Users can Pack Heat

March 25, 2011,

From Oregon,

(AP)
GRANTS PASS, Ore. — The Oregon Supreme Court unanimously ruled Thursday that a retired school bus driver can have her medical marijuana and a concealed handgun, too.


The ruling upheld previous decisions by the Oregon Court of Appeals and circuit court that determined a federal law barring criminals and drug addicts from buying firearms does not excuse sheriffs from issuing concealed weapons permits to people who hold medical marijuana cards and otherwise qualify.

Read more: http://www.cbsnews.com/stories/2011/05/19/national/main20064366.shtml#ixzz1P9T77kLQ

CT and :bananaan the Smokin Gov. Man:banana: is going to to stir up some waves with his Cronic agenda, CT and the Board Of firearms are sure to be tested by similar incodents in the next few years!