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Marijuana possession w/ firearm.

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carnutaz

Junior Member
What is the name of your state (only U.S. law)? Arizona

I was arrested in AZ with a small ammount of personal marijuana while riding a bicycle without a tail light. The officer asked me if I was carrying any weapons, and I told him that I was carrying a legal concealed firearm.

I was just arrested and released without a court date or any papers with charges. So I don't even know what I am going to be charged with yet (but I assume at least marijuana possession). The gun I had was legal, and I am legally allowed to own/conceal a firearm in AZ. However, I am having a hard time finding out if I am facing additional charges for having the gun too, even though the gun is otherwise legal.

Does anyone have any experience with firearm/marijuana possession in AZ? Again, the ammount of marijuana was small, and then gun is otherwise owned and concealed legally. Also, I have no prior drug or weapon charges or arrests.

The police returned all my property, except the gun. I passed the Federal weapons background check, but the police are saying they can't return the firearm until the case is settled. Most people I know with no previous convictions are given a diversion program and a misdemeanor for marijuana possession, but since it is a possible felony, they wont return the firearm. Is that even legal??? I have not even been given charges or a court date yet (been 2 weeks). Since I have not been convicted or charged, shouldn't I have the right to my firearm back?

Thanks for your help and time.
 


xylene

Senior Member
What is the name of your state (only U.S. law)? Arizona

I was arrested in AZ with a small ammount of personal marijuana while riding a bicycle without a tail light. The officer asked me if I was carrying any weapons, and I told him that I was carrying a legal concealed firearm.

I was just arrested and released without a court date or any papers with charges. So I don't even know what I am going to be charged with yet (but I assume at least marijuana possession). The gun I had was legal, and I am legally allowed to own/conceal a firearm in AZ. However, I am having a hard time finding out if I am facing additional charges for having the gun too, even though the gun is otherwise legal.

Does anyone have any experience with firearm/marijuana possession in AZ? Again, the ammount of marijuana was small, and then gun is otherwise owned and concealed legally. Also, I have no prior drug or weapon charges or arrests.

The police returned all my property, except the gun. I passed the Federal weapons background check, but the police are saying they can't return the firearm until the case is settled. Most people I know with no previous convictions are given a diversion program and a misdemeanor for marijuana possession, but since it is a possible felony, they wont return the firearm. Is that even legal??? I have not even been given charges or a court date yet (been 2 weeks). Since I have not been convicted or charged, shouldn't I have the right to my firearm back?

Thanks for your help and time.
1. You really need to get a lawyer.

2. You really need to stop sweating your piece. This will not make you look good to anybody. You can live without your gun until your case is settled.

This is going to take time. Be happy it is taking time, because that is time you are not in the system.
 

carnutaz

Junior Member
I understand I probably need a lawyer, but what can I be charged with, besides marijuana possession? I can't find any laws that pertain to simple possession w/ legal firearm. Everything I found pertains to a person prohibited from owning a firearm, or drug dealing/distribution w/ firearm. Can't find anything for poaession under 2 oz w/ legal firearm owner w/ firearm in possession.
 

ki23

Junior Member
Federal law prohibits drug users from possessing firearms. Why would anyone besides a user carry drugs?
 

OHRoadwarrior

Senior Member
Arizona Revised Statutes - Arizona Department of Public Safety

Your permit has been or will be revoked I bet. Your firearm was confiscated for this I assume.
13-3101 - Definitions

7. "Prohibited possessor" means any person:

(a) Who has been found to constitute a danger to self or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
 

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