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Concealed Carry Discussion General discussion regarding CCW/LTC in California

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  #1  
Old 05-05-2019, 3:46 PM
mgusha16 mgusha16 is offline
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Default CCW with Medical Marijuana Card

Hello,

I was looking to either move to El Dorado County or Placer County sometime in the near future. I know itís relatively easy to get a CCW there. But would they be able to see if I had a medical marijuana card through their background checks? I donít have a marijuana card right now, but I did in the past and actually was denied a CCW in contra costa county and wasnít given the reason. Thinking maybe that was the reason. Let me know what you guys think. Thanks.
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Old 05-05-2019, 4:05 PM
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MJ card = no guns= no ccw
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Old 05-05-2019, 4:29 PM
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It’s between you and your doctor. There are a ton of laws protecting doctor patient confidentiality. Unless the card you had was issued by the state or city you should be good.
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Old 05-05-2019, 4:41 PM
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Originally Posted by sanjoseskater View Post
Itís between you and your doctor. There are a ton of laws protecting doctor patient confidentiality. Unless the card you had was issued by the state or city you should be good.
No, it isnt. The federal for 4473 specifically asks about illegal drugs.

If the issuing agency asks, its no longer ďbetween him and his doctorĒ.
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Old 05-05-2019, 4:51 PM
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A - Federal law prohibits the use or possession of MJ and firearms.

B - You will be required to disclose that you were denied in CoCo. El Dorado will investigate the reason for denial. They will ask about MJ use in your interview. There is a question on the application asking about drug use.

Even if you are granted a permit, if for some reason they find out about the MMJ card, your permit will be revoked.
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Old 05-05-2019, 4:55 PM
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You were denied in CoCo because everyone gets denied in CoCo.

The question is did you have a govt issued card, or a Dr recommendation. Big difference.

In any case, you will be asked if you have ever used Mj. Tell the truth. Past use of Mj is not prohibiting, current use is.

In Placer, you will likely not even be believed if you claim no past use. Many if not most people do disclose it in their interview, and get approved as long as there is no baggage associated with it (trafficking charges/DUI etc) and a good amount of time has passed since last use.

Last edited by SkyHawk; 05-05-2019 at 5:01 PM..
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Old 05-05-2019, 6:15 PM
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Originally Posted by SkyHawk View Post
You were denied in CoCo because everyone gets denied in CoCo.

The question is did you have a govt issued card, or a Dr recommendation. Big difference.

In any case, you will be asked if you have ever used Mj. Tell the truth. Past use of Mj is not prohibiting, current use is.

In Placer, you will likely not even be believed if you claim no past use. Many if not most people do disclose it in their interview, and get approved as long as there is no baggage associated with it (trafficking charges/DUI etc) and a good amount of time has passed since last use.
Correct. I know several people, well at least two, that had private doc (not gov. issued) MMJ cards and got their CCW in Berdoo county. Neither their card nor their use was current, therefore they were not lying.

If you are a current user and tell the truth, you will be denied no question about it.
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Old 05-05-2019, 7:17 PM
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Originally Posted by SkyHawk View Post
In Placer, you will likely not even be believed if you claim no past use.
I find this to be untrue. Iíve got such a squeaky clean history that it would almost seem suspicious that Iím denying everything. Iíve never tried marijuana, not even any tobacco or vaping. I answered everything honestly and and it was never brought up again. Honesty goes a long way with PCSO.
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Old 05-05-2019, 8:45 PM
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Originally Posted by KevinA. View Post
I find this to be untrue. I’ve got such a squeaky clean history that it would almost seem suspicious that I’m denying everything. I’ve never tried marijuana, not even any tobacco or vaping. I answered everything honestly and and it was never brought up again. Honesty goes a long way with PCSO.
Well there’s always an outlier Did you grow up in Placer County, High school etc?
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Old 05-05-2019, 8:59 PM
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You might not get a CCW permit, but at least your medical condition has improved to the point where you no longer need prescription marijuana to deal with it, so congratulations on that.
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Old 05-05-2019, 9:53 PM
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Isn’t marijuana legal now (state not federal) so who needs a medical card?
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Old 05-05-2019, 10:40 PM
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edgerly779
MJ card = no guns= no ccw

Absolutely incorrect. I fully disclosed I had a mmj card and 5 years ago was the first person in Ventura county issued a CCW while having their medicinal card
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Old 05-06-2019, 12:05 AM
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Originally Posted by kingransom View Post
edgerly779
MJ card = no guns= no ccw

Absolutely incorrect. I fully disclosed I had a mmj card and 5 years ago was the first person in Ventura county issued a CCW while having their medicinal card
Very interesting. Did they simply accept that you had a card or did they probe into the details of why? I'm just curious?

Ultimately I think MJ will be treated like alcohol is and won't be a "disqualifyer." But I think we're a ways off from that so it's nice to see a little progress being made.
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Old 05-06-2019, 12:53 AM
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Originally Posted by SoCalPI View Post
Isn’t marijuana legal now (state not federal) so who needs a medical card?
The north won the civil war. State law cannot overrule federal law. Marijuana is illegal federally, which means it is illegal in california. I like to call it "decriminalized." Kind of like how it is in the netherlands. You can still get arrested but probably won't... unless you have guns too...
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Old 05-06-2019, 2:32 AM
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Lacabo84

The decision ultimately come down to the detective that conducts your interview. They are the one that make the suggestion to the head sheriff as to whether they feel you should be issued your CCW or not. It's completely subjective. Your interviewer may have a very relaxed viewpoint when it comes to marijuana and not make mention of it in his report, while another may think you are a reefer smoking devil. Kinda luck of the draw. Head sheriff makes the final sign off, but he is highly influenced by the report he is given. With that said, my feeling is I was extremely lucky and I see my situation as the exception and not the rule.
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Old 05-06-2019, 12:14 PM
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Originally Posted by oktavist View Post
The north won the civil war. State law cannot overrule federal law. Marijuana is illegal federally, which means it is illegal in california. I like to call it "decriminalized." Kind of like how it is in the netherlands. You can still get arrested but probably won't... unless you have guns too...
I know itís not legal on a federal level. The question was who needs a medical card for it.
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Old 05-06-2019, 12:19 PM
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Originally Posted by SoCalPI View Post
I know it’s not legal on a federal level. The question was who needs a medical card for it.
Now you don't need a card. A few years ago though, having a state issued card did have some benefits (like not going to jail if found transporting it, growing it etc). It also allowed care givers to obtain MJ etc.

So more likely than not, people who are worried about having a card on their record had a card many years ago. I don't think anyone in CA is getting cards now.
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Old 05-06-2019, 2:25 PM
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Regardless of legality, there is the question of liability. I can't imagine an agency/city risking a lawsuit. It's just easier to say "No".
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Old 05-06-2019, 3:08 PM
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OP - Exactly like alcohol and guns don't mix, drugs and guns DO NOT mix either.

IF you have a MMC, you use the marijuana drug, you are addicted ... get yourself into a 10 step program and start your way onto the road to recovery.

Forget walking the thin line between legal, not legal this, that, and the other ...,

This is this! ---► Guns; alcohol and drugs ... DO NOT MIX ...!

Good luck sir
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Old 05-06-2019, 8:44 PM
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When I turned in my application they had me fill out a separate form which asked specifically if you have ever had a medical marijuana card. If you lie on that form I believe it is a felony. Best to be completely honest on all forms.

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Old 05-07-2019, 2:25 AM
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Where have you been, years have passed since anyone needed a MJ card in California.

For starters you lied on the 4473 form and this isn't your get cited and released local law.
One of my daughters friends was arrested for over an once along with other charges, including what would had been possession of a lawful firearm. Fast forward, she'll need F Lee Bailey to get these charges dropped. MJ card is an admission of guilt on the federal level... Good luck

One other current event. One of my tenants snuck in a Pitbull as his therapy dog against my permission. The police were called on a loose dog and one of the questions asked by the officer was what was his illness. He stated mental illness PTSD, next question was, do you own any firearms, His answer was yes, The guns were removed and i'm evicting the tenant on failure to perform on a 3 day notice to perform. Folks it's a new world out there. Be advised!

Disclose or not disclose... I'm the obey the law guy, its like lying, it's easier to remember to tell the truth!

Last edited by Mark49; 05-07-2019 at 2:28 AM.. Reason: error
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Old 05-07-2019, 2:45 AM
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Old 05-07-2019, 3:07 AM
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Its a crap shoot. My bet is no go.
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Old 05-07-2019, 8:02 AM
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BATFE has had a problem with medical MJ and guns for a while. I’m sure they don’t look favorably on recreational users, either:
2011 BATFE Open Letter to FFLs citing 18 U.S. Code ß 922. Unlawful acts.
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Therefore, was any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition.
I’m skeptical that an IA would issue if an individual was currently, or recently, using or associated with MJ.

At the same time, past acts, depending upon their severity and the passage of time can, and have been, waived by IAs. Additionally, some folks who had MJ cards had them as caregivers to support a patient who couldn’t travel to a vendor.

The only way to find out is to spend the $20(?) for initial application.
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Old 05-07-2019, 11:40 AM
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I remember my interview... he asked me about all my past drug and alcohol experiences, which I answered honestly (and lengthily ), and he seemed completely unfazed by any of it. I got the impression that he really didn't care what my answers were, he only cared how I answered. Was I honest? Regretful? Grown up since then? Etc.

After that, he asked me some other random questions, one of which was, "When is the last time you drove in a carpool lane when you weren't supposed to?" and I said, "I actually don't think I ever have." He looked skeptical and said, "Seriously...Come on. When was the last time?" I replied, "Seriously, I don't think I have, and after all those drug and alcohol questions and answers, why would I start lying now about driving in a carpool lane?" He agreed and we both laughed.
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Old 05-07-2019, 12:37 PM
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Quote:
Originally Posted by cockedandglocked View Post
I remember my interview... he asked me about all my past drug and alcohol experiences, which I answered honestly (and lengthily ), and he seemed completely unfazed by any of it. I got the impression that he really didn't care what my answers were, he only cared how I answered. Was I honest? Regretful? Grown up since then? Etc.

After that, he asked me some other random questions, one of which was, "When is the last time you drove in a carpool lane when you weren't supposed to?" and I said, "I actually don't think I ever have." He looked skeptical and said, "Seriously...Come on. When was the last time?" I replied, "Seriously, I don't think I have, and after all those drug and alcohol questions and answers, why would I start lying now about driving in a carpool lane?" He agreed and we both laughed.
Ok, now tell us the truth....when was the last time you drove solo in the carpool lane? Lol
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Old 05-07-2019, 1:03 PM
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no, just no

It's not fair, it's not okay. It's safer than booze. But it is what it is.

I got my CCW earlier this year, and yesterday was diagnosed with degenerative disc disease.....I'm researching CBD and wondering how long I'll be able to hold on before I give in and turn in my license. So far, it's looking like I can use CBD from other plants, no cannabis...but I need to research more first.

I'm going to try everything else I can think of first. But what I will NOT do, is use MJ while holding a concealed carry permit. I respect the law too much to break it. Try to change it? yes. Break it? no.
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Old 05-07-2019, 1:28 PM
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Ok, now tell us the truth....when was the last time you drove solo in the carpool lane? Lol
Nowadays I have stickers that let me do it daily
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Old 05-07-2019, 1:30 PM
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CA wants to have it all by legalizing MJ products and punishing you if you disclose its use - NO. Take the political route and say no illegal drug use. That is the intent of the question. If they ask further say simply I only use prescription drugs as intended and not for recreation. I'm assuming all of these statements are true. All of that if true, do not mix MJ products and CCW carry. Be safe and alert at all times.
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Old 05-07-2019, 2:24 PM
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Originally Posted by KevinA. View Post
I find this to be untrue. Iíve got such a squeaky clean history that it would almost seem suspicious that Iím denying everything. Iíve never tried marijuana, not even any tobacco or vaping. I answered everything honestly and and it was never brought up again. Honesty goes a long way with PCSO.
My same experience... tried alcohol in 7th grade, not my thing. I won't ever inhale any kind of smoke into my lungs, I have bad enough respiratory problems with allergies and hay fever.

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Originally Posted by SkyHawk View Post
Well thereís always an outlier Did you grow up in Placer County, High school etc?
or two, or three, or how about we just not generalize... it's a lot safer.
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Old 05-07-2019, 4:45 PM
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Originally Posted by cockedandglocked View Post
I remember my interview... he asked me about all my past drug and alcohol experiences, which I answered honestly (and lengthily ),
Iím Impressed. I could answer honestly, but truthfully, Iím sure I donít remember ALL of them. I do know I donít remember ever blacking out....
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Old 05-07-2019, 6:51 PM
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Originally Posted by robert101 View Post
CA wants to have it all by legalizing MJ products and punishing you if you disclose its use - NO. Take the political route and say no illegal drug use. That is the intent of the question. If they ask further say simply I only use prescription drugs as intended and not for recreation. I'm assuming all of these statements are true. All of that if true, do not mix MJ products and CCW carry. Be safe and alert at all times.
I have probably used pot fewer than 15 times in my entire life, and I fully disclosed my use during my interview (last time was more than 10 or 12 years prior)
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Originally Posted by dantodd View Post
A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.
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Old 05-07-2019, 6:51 PM
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Originally Posted by Dvrjon View Post
I do know I donít remember ever blacking out....
Ya... that's how it generally works
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Quote:
Originally Posted by dantodd View Post
A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.
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Old 05-07-2019, 7:23 PM
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Originally Posted by Dvrjon View Post
Iím Impressed. I could answer honestly, but truthfully, Iím sure I donít remember ALL of them. I do know I donít remember ever blacking out....
Indeed, it would be impressive if I could remember every single story, especially considering I most certainly did black out many times
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Old 05-07-2019, 9:25 PM
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Indeed, it would be impressive if I could remember every single story, especially considering I most certainly did black out many times
Well, my friends said we did stuff that I donít remember....but, theyíd been drinking, so their remembrances canít be trusted.
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Old 05-13-2019, 1:14 PM
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Originally Posted by oktavist View Post
The north won the civil war. State law cannot overrule federal law. Marijuana is illegal federally, which means it is illegal in california. I like to call it "decriminalized." Kind of like how it is in the netherlands. You can still get arrested but probably won't... unless you have guns too...
My boss's son was going to the air force academy - in Colorado - where pot is legal. Son got discharged from the academy - and now has to repay all the money.

Just something to consider, pot may very well be legal here in CA - and most people don't care. But federally - it's a different story.
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Old 05-13-2019, 8:45 PM
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Originally Posted by SkyHawk View Post
You were denied in CoCo because everyone gets denied in CoCo.
This is incorrect. That's why CoCoCo is now "yellow" on the CA CCW GC map.

I've moved discussion about the above quote over to: https://www.calguns.net/calgunforum/...2#post22999272 to avoid threadjacking this thread.

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Last edited by Paladin; 05-13-2019 at 9:34 PM.. Reason: The Golden Rule....
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  #38  
Old 05-13-2019, 9:09 PM
Yodaman Yodaman is offline
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Default CCW with Medical Marijuana Card

Quote:
Originally Posted by sanjoseskater View Post
Itís between you and your doctor. There are a ton of laws protecting doctor patient confidentiality. Unless the card you had was issued by the state or city you should be good.


Negative Ghost Rider. Bad information. If they ask on form or in person (which some do) you must disclose.


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Last edited by Yodaman; 05-13-2019 at 9:13 PM..
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  #39  
Old 05-14-2019, 7:19 AM
Dvrjon Dvrjon is offline
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Quote:
Originally Posted by MisplacedTexan View Post
My boss's son was going to the air force academy - in Colorado - where pot is legal. Son got discharged from the academy - and now has to repay all the money.

Just something to consider, pot may very well be legal here in CA - and most people don't care. But federally - it's a different story.
Federal laws, Colorado and marijuana have nothing to do with this.

Academy cadets are under contract...violate the terms of your contract, and youíre dropped, with a contractual requirement for either service or payback of education costs. It can happen for a number of reasons, including drugs (but you donít get the service option for those.)

Cadets are also members of the United States military and subject to UCMJ 112, so they get their day in court outside of the civilian jurisprudence system.
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