Burglary Victim’s Guns Seized

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indicabush

indicabush

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A person who walked in on a burglary of his home had his firearms seized by police after they discovered that he was violating federal law by possessing firearms while using marijuana for medicinal purposes, Riverside police said.

About 11:45 a.m. Tuesday, Jan. 5, a resident of a home in the 8900 block of Douglas Fir Circle in the Orangecrest neighborhood reported that several men were burglarizing his home and that they had fled in a black SUV.

During the investigation, police found evidence of drug use inside the house, along with several firearms, Riverside police said in a news release. Both the victim and owner of the firearms had California medical marijuana cards and admitted to using the marijuana regularly.

The guns were seized based on federal law prohibiting those using drugs from possessing firearms.

There was a report of gunshots inside the house during the robbery, but officers could not locate any evidence of a shooting.

A Sept. 21, 2011 memo from the federal Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives to licensed firearms dealers discussed the law that prompted the burglary victims' guns to be taken. Federal authorities have placed marijuana in the same category as LSD, heroin and Ecstasy.

"Marijuana is listed in the Controlled Substances Act as a Schedule 1 controlled substance, and there are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law," the memo said.

"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."

The San Bernardino County Sheriff's Department's application for a concealed weapons permit asks whether the applicant is or was addicted to a controlled substance.

The Riverside County Sheriff's Department's application asks whether the applicant for a concealed weapons permit has ever smoked, grown or given marijuana to anyone, and whether the applicant has used possessed or sold a controlled substance.

So remember Ladies and Gentlemen....:D

"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."
 

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