Concealed firearms and controlled substances?

[BigBlock]

I am trying to get my CCP and I believe Oregon is a "shall issue" state. I'm looking at the application for my county, and question #5 clearly asks "Do you use controlled substances such as marijuana, cocaine, methamphetamine, LSD, or ecstasy?"

Here's the thing. I do use controlled substances such as marijuana, because I have an oregon state medical permit to grow and smoke marijuana.

They then go on to ask: what are you using, current useage, is it authorized by a doctor (YES), and do you have a prescription for controlled substance? (YES)

Frankly, I think it's none of their friggin' business. If I simply answer "NO", can I get in legal trouble for that? If so, what effect would answering those questions truthfully have on me getting a permit?

 

[Zeke/PA]

Do yourself a favor and be truthful on ALL applications of this nature.
Never know whats going to happen " down the road".
Zeke

 

[Conqueror]

I agree with Zeke, you don't want to shoot someone in self defense only to end up in jail because the DA finds out you falsified your CCW application and therefore were carrying illegally.

If you are a LAWFUL user of the controlled substance, they should not deny your application. However, this might warrant a sit-down meeting with the sheriff/CLEO to explain your dilemma and get his thoughts.

 

[JerryM]

If you answer "NO" you can get in legal trouble.
Jerry

 

[kevindsingleton]

How do you buy a firearm, when the federal form will deny your purchase for truthfully answering the same question about drug use? You need to ask a local attorney, before you step off into the deep end. It seems as if you're taking a pretty significant risk, either way.

 

[shdwfx]

You can get in serious trouble lying on the application.

Having said that, never ever act on legal advice derived solely from The Internets.
Consult your lawyer and local chief law enforcement officer.

 

[TexasRifleman]

I'd really talk to an attorney about that on.

You're OK with state law but violating Federal. But if you lie it's even worse I'd think.

Lawyer up before doing anything.

 

[-C4-]

+1 on the attorney. Read the text right next to where you sign. Almost all of the forms I have filled out like this say that you are swearing that the information is accurate under the penalty of perjury. They shouldn't deny your permit if you haven't broken any law.

 

[Prince Yamato]

You should answer truthfully, but remember that you would probably be in violation of federal law, as federal law prohibits possession of firearms by known users of controlled substances.

Countdown till a case like this hits the courts...

 

[DEAC25]

Attorney Here

In my opinion you must answer all of the questions truthfully, as I assume there is a statement, per prior poster, that all information contained in the application is truthful.

May it never come back to bite you, but if you did not disclose, and god forbid had to defend yourself, and some jackass DA or reporter checked your application and found it to be falsified, I am sure you would be in some hot water for a false application. Perhaps even criminal charges.


Deac25

 

[bogie]

If there's room, I'd just write "only as prescribed by doctor."

 

[JCUMM2]

Please be aware that while marijuana use and possession may be legal in Oregon it is still ILLEGAL at the Federal level even if it was prescribed by a physician.

 

[Conqueror]

True, but CCWs are issued by the state, not the feds. If the state has OK'ed medical pot, it should not disqualify you from CCW.

 

[macadore]

BigBlock

They’re probably going to run a background check and find it anyway, so you nearly have to say yes. If there was no documentation, I would tell them know. I agree it’s none of their business and not germane to the issue.

 

[romma]

Okay, questionable solution... Get off the Marijuana long enough to be truthful on your application if it is possible ... Then after your CCP is sent in, decide if you need to go back on it...

If getting off it is detrimental to your health, by all means, ignore my bright idea!

 

[herohog]

Morphine and codeine are controlled substances and it's not illegal to use them as prescribed by a Dr., even with ownership of a gun or even with a CCW permit. It's the use of the unprescribed stuff that will get ya. Mary Jane, crack and Heroin are a special class of controlled substances.
Having said that, I think yer boned either way already at the Federal level. Get a lawyer YESTERDAY!

 

[JerryM]

If you don't mind please let us know how this comes out. It would be useful knowledge for instructors.

The fact that it is under a Drs care doesn't necessarily mean that it is acceptable when it comes to getting a CHL.
I think that would be the case for a number of legal drugs that might alter the thinking/behavior of a person. At least some states require an approval from the applicant to obtain medical records.

Regards,
Jerry

 

[romma]

Morphine and codeine are controlled substances and it's not illegal to use them as prescribed by a Dr., even with ownership of a gun or even with a CCW permit.

Even though OP is prescribed legally in OR, there is still federal laws against it... I would either take my suggestion (see above post) or forego applying for the permit.

Maybe talk to a knowledgeable lawyer.

 

[BullfrogKen]

I would not lie on any government document. I don't know about your state's permit process, but if I lie on my application its considered perjury.

You might just want to ask an attorney about this. Its probably cost you a little to have that conversation. Are these yes/no questions, or open ended with a space provided for you to provide details?


Admitting you use medical marijuana does open you up to federal prosecution. If you can have an attorney help you craft a statement that doesn't lie, but answers the question in such a way that you don't admit to mj use, that's probably the best approach. Something along the lines of, "any controlled substances are medication used under my doctor's supervision."

If it gets denied, you still have an appeal process.

 

[BigBlock]

Well, this seems to be a bigger problem than I originally thought. I talked to the head of a a major Oregon gun lobby, and he says yes, they will deny my application, the problem of course being the federal law. The question specifically says "Do you currently use controlled substances", and with that I guess I need the definition of "currently". As in, right now, while I'm filling out the form? Today? Yesterday? Last month? Tomarrow? What does currently mean?

Another thought I have is that just because I have a medical card, does not mean I am currently using anything. It just means I can. Just like I could have prescription for vicodin, but not get it filled. The only way the sherrif would know if I was using was to test me, and they don't do that.

This brings up another question...is it technically illegal for me to purchase a gun while being a smoker? (and in this case I would lie without hesitation)

PS - I see a certain post has been removed - to that poster, you are completely, totally clueless on the subject of medical marijuana or drugs in general. I use medical marijuana because it is the ONLY medication that provides me complete relief, otherwise I am forced to take no less than 10 pills every morning, at a cost of over $600/month, as well as the extremely high cost of ruining my liver.

 

[Sage of Seattle]

"Do you use controlled substances such as marijuana, cocaine, methamphetamine, LSD, or ecstasy?"

I would seriously consider writing to the legislation regarding the wording of the question; it's misleading and highly predjudicial (IMHO). The state is putting people into an extremely precarious position of having to essentially admit to a crime in order to become legal(?) or face prosecution for lying.

Geez, Oregon has permitless open carry doesn't it? You might consider that as a temporary measure until the legal morass can be navigated...

 

[BigBlock]

Geez, Oregon has permitless open carry doesn't it?

Yes, and I exercise my rights. I don't even want to carry concealed most of the time...the main reason for a permit is simply making it easier to drive with loaded weapons in the car.

 

[Sage of Seattle]

Ah, okay, that makes good sense. I'm thinking then the law is similar to Washingtons where a pistol carried in a car, even open carried, requires a permit?

I empathize with you BigBlock, probably more than you may realize.

 

[BigBlock]

Ah, okay, that makes good sense. I'm thinking then the law is similar to Washingtons where a pistol carried in a car, even open carried, requires a permit?

I empathize with you BigBlock, probably more than you may realize.

Are you a pot head too? In OR we can "technically" have a loaded weapon unconcealed in a vehicle; however, I would guess most police departments will have you on the ground in cuffs first and ask questions later.

 

[Ivy Mike]

coming from another state with the wisdom and fortitude to tell the federal drug laws on cannabis what to do with themselves, I would absolutely say you should be 100% honest on the application and carry your firearm as is your constitutionally protected right. Yes, I realize the stupidity in having to ask permission to exercise a right.

Hopefully one day in the not so distant future we will get the federal government to realize that it can no longer violate our other right to put whatever we want into our own bodies.

Carry legally and if the feds ever have enough free time to charge you, inform them that their case is invalid because it violates the protection against self-incrimination (and save money for a lawyer)