Being High While Possessing a Gun

State and federal law make it illegal for individuals to own certain types of drugs, and they also prohibit some people from owning firearms. The two sets of laws are different, however. If you regularly use drugs such as marijuana and you also want to possess a gun, it is important to know what the laws say, so you do not end up facing criminal charges. 

If you use marijuana and you want to own a firearm, federal law makes it difficult. You will have to submit a ‘Firearms Transactions Record’ and that form will ask you if you use marijuana for either medicinal or recreational purposes. You must answer honestly, and if you do use cannabis, you are prohibited from also possessing a firearm.

It is not illegal in California to own a gun, even if you use marijuana. However, if you are high and you do not only own a gun but use it, there are times when you may face criminal charges. For example, you may face charges if:

• You brandished the weapon or threatened to use it against someone to cause them serious bodily injury
• You did not act intentionally but rather, recklessly, with the gun and someone became hurt or could have become hurt
• You used the firearm while addicted to a controlled substance, which means you are prohibited from possession of a firearm
• You have been convicted of a previous misdemeanor or felony and are therefore prohibited from firearm possession
• You are prohibited from owning a firearm or a controlled substance for another reason under state law

The reason for the law is simple. In many cases, guns and drugs simply do not mix. Crimes involving firearms and controlled substances, in particular, are vigorously pursued by both the state prosecution and law enforcement. Sometimes, charges are laid even when an individual did not break the law. A California criminal defense lawyer can examine the facts of your case and provide a defense if necessary.

No one can determine the exact defense strategy to use in any case without first fully examining the facts. Still, there are many common defenses that are used in cases that involve both controlled substances and firearms. The defenses a lawyer may follow include:

• You were high while you possessed the firearm, but the gun was locked up and did not pose a risk or threat to anyone nearby
• You were not prohibited from owning a firearm, or the controlled substance, at the time you were charged with a criminal offense
• You were the victim of an unlawful search and seizure and so, any evidence obtained as a result of that search is inadmissible in court

You do not have to face your charges alone. While being arrested or charged with a crime is a scary experience, a California criminal defense lawyer can help with your case.

If you have been charged with

Being high while possessing a gun, call 805-477-0070 now.

We can provide you with a free case review

At The Law Offices of David Lehr, our California criminal defense lawyers know the laws surrounding both firearms and controlled substances and we will use that knowledge to give you the best chance of beating your charges or getting them reduced. If you or someone you love has been charged with a crime, call us today or contact us online to schedule a free case review and to learn more about how we can help with your charges.