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I am looking for a gun rights atty? California. I have a…

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I am looking for a gun rights atty?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a medical cannabis card and I did not know I give up my 2nd amendment rights. If I let the card expire will my 2nd amendment rights be restored?

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Answered in 5 minutes by:
11/23/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,806
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Your medical marijuana information is privacy protected under HIPAA, so the fact that you have a California medical marijuana card may not have been turned over to the Federal government. If so, you may still have your Federal rights and could conceivably have your state rights back when your medical marijuana card expires.

If the Federal government knows of this, however, under 18 USC 922(d)(3) anyone who

"is an unlawful user of or addicted to any controlled substance" loses his firearms rights. As a known user, you would probably not be able to pass a NICs check.

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Customer reply replied 8 months ago
the best thing for me to do is let the card expire. And, if I am reading correctly the federal government does not have access to my med card, correct.
Customer reply replied 8 months ago
How would the federal government know of my med card? Only if I got caught by a police officer correct or if there are court documents saying otherwise

Yes. Let the card expire. The Federal government should not have access to your med card.

How would the federal government know of my med card? Only if I got caught by a police officer correct or if there are court documents saying otherwise

Yes. Or if you disclosed it on a previous firearms application.

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Customer reply replied 8 months ago
Ok, thank you. You put my mind at ease. I appreciate you.

You're very welcome. Good luck!

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,806
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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