Legal Question Involving Firearms & Drugs

[OMGWTFBBQ]

Have you met him(the guy who smokes) yet? Does he have a job that seems adequate to pay the rent and bills? Does he grow or sell on the side? Does he ever accept "deliveries" at home? Is MJ the only illegal drug he uses?

Unless your answers are:
Yes, and he seems trustworthy.
Yes.
He does not.
He does not.
Yes.

I wouldn't even consider it.

 

[CaptMac]

Guns and Dope

Your plain old everyday simple posession case in state court can get turned into a federal case if guns are present easy enough. Stay away from that guy unless you like the idea of someone playing that 1960's tune by the Ventures "Wipeout" against the walls of your **** with their penis (to quote a Hells Angel about prison life).

 

[eflatminor]

On the other hand...

I'm going to suggest that you might be fine with the arrangement as long as the lease makes it clear that you're renting a particular room. That room is your apartment from a legal standpoint. A search warrant for the house's owner would not cover your room, effectively another residence (yours). Just keep your guns in your room, preferably in a safe, and you should be fine as long as YOU aren't the subject of a search warrant.

It also depends where you live. In some states, it can be perfectly legal to grow and take in cannabis and own guns...as long as the myriad of paperwork is in place.

By the way, NOT a lawyer here, just my opinion!

 

[csmkersh]

It's a bad idea all around. While you may not be the guy doing the weed, you will get the ride and the record even if it doesn't go any further. And getting your firearms back will be a big hassle.

​

 

[brighamr]

hmmm

"A bit of firearms opens one up to some unsavory characters" < same type of generalization, with different inanimate object



If your buddy has a medical card, go for it
If he smokes occasionally, and usually has less than 1 ounce at any time, doesn't like to have "parties", go for it

If he has larger quantities, or friends that smoke with him, bad idea. The more attention his house has, the more likely he will get caught. Him getting caught translates into a legal battle for your guns.

But again, if he's medical that changes the story.

IBTL and all that

 

[PotatoJudge]

"A bit of firearms opens one up to some unsavory characters" < same type of generalization, with different inanimate object

I think the differences here are obvious. For one, I wasn't attributing any consequences to the inanimate object itself. The consequences are man-made on both accounts. Aside from that, to buy drugs you need a drug dealer. Dealers make their living breaking the law (for right or wrong). People that break the law regularly and without remorse are more likely to break other laws. Competition in an illegal profession leaves no room for legal recourse, so there is no deterrent to violence toward the competition except for the violence you'll get in return. This "competition" has far reaching consequences involving even those loosely associated with the profession- including the OP. Fact is, real life drug dealers are likely to get into lots more criminal acts than these pacifist pot-only dealers the pro-pot crowd promote. Change the law and that can change, but it's not reality.

Firearms are legal. Firearm dealers work within the law. Firearms alone in no way promote contact with any criminal element. It does open one up to contact with some weird people though (just went to the HCGA gun show today and saw irrefutable proof of this).

 

[Erik]

Someone beat me to it.

"Don't go stupid places. Don't hang out with stupid people. Don't do stupid things."

Moving in with a drug using roomate, regardless of your firearms, is at least one, and arguably all three of these things at once.

You have your roomate, his friends, other druggies, and finally the cops to worry about.

And that's without addressing the legalities you're asking about.

 

[theken206]

"Perhaps if NORML(National Organization to Reform Marijuania Laws) and gun groups would set aside differences and work together to fix this abuse of federal authority, alot of bad policies on many issues could be fixed.

Nicki"

agreed 100 percent nicki

funny how some only seem to support the "pursuit of happiness" as it applies to there own "rights"

 

[Art Eatman]

This prospective housemate might well be a great and wonderful guy. But even he doesn't know how many of his friends are pure as the driven snow. Sorry, but I've been around the drug folks since the mid-1960s. Some are no problem. Others will steal anything they can get hold of, even with some idea they're gonna get caught.

IOW, IMO, moving in with this guy is a really, really bad idea. His problems can easily become your problems. Might be only until the cops let you go, but who needs the hassle? If he gets into any sort of trouble, and somehow your name is involved with his, you'll always be less-than-righteous in the eyes of the cops. Factual correctness has nothing to do with perceptions...

 

[coloradokevin]

I think a lot of good points have been made. Obviously pot isn't the worst drug in the world, but it is currently illegal. From a personal perspective, I could care less if the legislature legalized it or not. I've never even tried pot, and never had any desire to (I'm kind of a health nut). But, regardless of anyone's opinion, it is still illegal now.

From my LEO perspective, I can say that I don't think you'd be very likely to run into trouble if he was busted with an ounce or less of weed (a city ticket where I work, which is charged on the state violation).

But, if he is selling, growing, keeping large amounts, etc... you may find yourself in a heap of trouble that you don't want.

Overall, it is a bad arrangement because of that risk, and I'd probably stay clear of it. FWIW, in my area of the country pot isn't taken very seriously these days... It is still illegal, but many times people don't even get arrested (or a summons) for a small amount of weed.

Other parts of the country take it far more seriously.

All of that aside, I wouldn't even consider this arrangement if your friend was into anything more serious!

Sometimes you need to make choices for your own good, and sometimes those choices aren't ideal. I've always been active in mountaineering/climbing (sort of a hippie culture), and as such I've had friends in the past who smoked weed... With my LE career these days, I stay clear of those old friends. The ones I am still in touch with know that they need to do that stuff away from me, and not have it around me (I am not willing to risk my job due to their actions, and the ones I still consider friends respect that).

By the same token, you are a lawful gun owner... Don't put yourself in a bad situation just to save a few bucks on rent!

 

[sacp81170a]

Guns = portable wealth, something worth stealing. Would you move in with a known criminal (even if he's a "nice" guy) and risk having his friends find out that you have portable wealth lying around? Legal considerations of cannabis aside, remember that there is no honor among thieves.

 

[moooose102]

yes, they would take your guns, and if there was ANY real quanity (over 1/2 ounce) they would likely try to tie you to it and charge BOTH of you with intent to distrubute! STAY AWAY! i wouldn't even visit him with a gun on you. if the cops came in when you were there, it would still be a legal mess.

 

[Trebor]

Moving in with someone that you *know* uses an illegal substance is a very, very bad idea. You face all sorts of potential legal problems if he's busted or if a search warrant is issued at your residence.

Don't do it.

 

[NC Dave]

Since you are asking the question, you already know that there can be negative consequences being associated with this roommate. It does not matter what you or anyone else thinks about pot use - it is illegal.

Why look at jumping through unnecessary hoops on this arrangement?

Why put yourself in that situation?

Look for other living arrangements.

 

[ZeSpectre]

I'm thinking of all the possible ways in which your life could be screwed up by knowingly going into a housing situation with this person. For example, let's say he decides to stash some weed in your car at some point.

Here you are driving to the range to go shooting. Cop pulls you over for a busted tail light (or whatever). Decides he has probably cause to search your vehicle, and comes up with that stash your roomie hid in your car.

There you are with guns and drugs in your car...how long do you think it's going to take to straighten THAT out? How much money do you think it's going to cost YOU? What is that going to do to your reputation? Your job?

As grandad used to say, "Don't borrow trouble".

 

[JerryM]

It is a terrible idea. Sometimes one gets killed from shrapnel not meant for him.
In general I think that "Birds of a feather flock together." You will be identified with him and his habits, and it could be very bad in various ways.

Stay away from that, and even that buddy.
I personally know of a young man who was killed because he was around a buddy involved in drugs, and this young man would have nothing to do with them. However, the druggie was "My friend." Now the young man he is dead.

Regards,
Jerry

 

[ziadel]

Had a friend in the same situation, they had a party, cops called, found a small amount of weed. Cops did'nt bother my buddy or his firearms.


As long as you know hes not dealing and doesnt have more than an ounce on hand, I'd say you're safe, but take my opinion for what its worth.

 

[Vermonter]

If you toke with him, you'll be violating 18 USC 922(g)

 

[Prince Yamato]

Option 2 is to call the police and ask the question directly, but phrase it like this:

"I'm a college student (or something like that) and looking at roommates. In one scenario, I might be rooming with someone (don't say friend or buddy) who is rumored to use marijuana from time to time. I've never seen it, but people joke about it. Here's my question: I'm a gun owner. If I room with these guys and one of them gets arrested for possession or police enter the home and find marijuana, could I possibly be arrested and/or lose my guns because of a roommate's irresponsible behavior?"

Ask it like that. Ask the police what they'd do. If they say, "find a different roommate," you have your answer.

 

[ziadel]

Ask it like that. Ask the police what they'd do. If they say, "find a different roommate," you have your answer.

I've yet to get an answer from the police that I later discovered to be accurate. They have nothing to gain by telling you the truth, it only makes their job harder and besides that most of them don't really know.

 

[762 shooter]

Look at situation logically.

Possible Downside........financial loss, paranoia, arrest record, gun loss, lose right to possess guns.

Possible Upside............Rent savings for five years equal attorney fees to take case.

 

[usmarine0352_2005]

If you hang with people who live a criminal lifestyle, don't be surprised if you get caught up in it. I'm not saying that smoking weed is bad, but it is illegal.

Say your friend sells a little extra to a buddy couldn't find his connection. The buddy gets stopped an hour later for a burned out tail light and the officer smells the odor because he was toking up while cruising around, or a K9 hits on the car and it's found in the search.

The buddy meets with the local narc at the pd and finds out he can make it all go away if he rolls over on where he got it. So he rolls over on your room mate. A couple hours later he's telling his story to a judge who signs a warrant. An hour after that the warrant is served. You are going to have a very hard time distancing yourself from your room mate.

You will most likely be arrested and charged along with your room mate, and you'll be out a lot of money to clear your name, if you even can.

If you want to live a safe and relatively trouble free life, don't live a criminal lifestyle or hang with those who do.

Jeff

Jeff is completely right. And in the police's mind, "Guilt by association."


Look at it like this, "Uhm, officer, there my guns, it's I didn't do anything wrong though. I just hung out with a guy that was breaking the law, I wasn't breaking any laws, just him. While I was here with him."

.....see how bad that looks.

The best thing is to stay away from anything like that. It's like drinking, if you know that you whenever you drink, you take it to the extremes and always drink and drive drunk, then you better keep yourself away from the bar. That solves that problem.

 

[GRIZ22]

Perhaps if NORML(National Organization to Reform Marijuania Laws) and gun groups would set aside differences and work together to fix this abuse of federal authority, alot of bad policies on many issues could be fixed.

Nicki

Whatever you feel about marijuana this would be a bad idea. Linking a legal activity (gun ownership) with an illegal activity (marijuana) would not endear gunowners to the general public.

I'm going to suggest that you might be fine with the arrangement as long as the lease makes it clear that you're renting a particular room.

Not necessarily. If drugs are found in a common use area the judge will decide whether they belong to you, your friend, or both of you.

In any case I would suggest looking for another place to live. The few hundred dollars more you spend a month is cheap rather than take a chance with the situation you described.

 

[NC Dave]

I've yet to get an answer from the police that I later discovered to be accurate. They have nothing to gain by telling you the truth, it only makes their job harder and besides that most of them don't really know.

I am not knocking LEOs, but this is a question that you need to ask of your local District Attorney's office. It is their job to prosecute such a case in court - not the police.

 

[Z-Michigan]

FYI - no one should be asking local police or a DA about whether they are OK doing something that seems to put them in contact with criminals or illegal activity. If you really want to do it, you should be finding and asking a competent lawyer who represents you, not the state.

No offense to LEO's but they are not lawyers and their understanding of the law is basically what they can arrest and have you charged for, and how they have to conduct their own operations. Even though many, perhaps most, would try to give you a correct answer, whatever they say does not bind them, their department, or the local prosecutor in any way whatsoever.

As most have said, don't do it. But how strongly you need to avoid it probably depends whether you're ina very pro-marijuana state (OR and WA come to mind) or not (almost anywhere else; and I wouldn't count California simply because, while somewhat friendly to marijuana, is extremely hostile to guns).