Marijuana & Gun Use

Marijuana and Gun Use:

With the passage of Proposition 64 on November 9, 2016, California adults 21 years of age or older may now legally grow, possess, and use marijuana or the plant called Kratom for non-medical purposes with certain restrictions. You can get more information here.

Federal law [18 U.S.C. § 922(d)(3)] makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of, or addicted to, a controlled substance.

With these matters in mind, the California Department of Justice (DOJ) issued an “IMPORTANT NOTICE” on “Federal Law on Marijuana and Gun Ownership” to California gun dealers on December 29, 2016 (find regulations for airsoft weapon), which states:

“This notice serves as a reminder to California Firearms Dealers (CFDs) that any person who uses, or is addicted to, marijuana is prohibited by Federal law from possessing firearms and/or ammunition regardless of current state legislation authorizing the legal use of marijuana for medicinal or recreational purposes.”

Along those same lines, the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) addressed an Open Letter to All Federal Firearms Licensees in 2011, which states:

“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. Such persons should answer “yes” to question 11.e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 11.e. on ATF Form 4473.”

In a few days, it is anticipated that CFDs will receive a revised version of the ATF Form 4473; to include the following new language:

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Gun Owners Be Aware


Important Changes for California Gun Owners to Be Aware of:

With the ever-changing laws affecting Californians, it is important for gun-owners to stay up-to-date on current requirements and restrictions.

Effective January 1, 2017:

AB 857 requires that serial numbers be placed on all firearms without serial numbers and on all home-built/owner assembled firearms.

AB 1135 and SB 880 ban common and constitutionally-protected firearms that have magazine locking devices (like the “Bullet Button”).

AB 1511 criminalizes loaning of firearms between personally known, law-abiding adults, including family members, sportspersons, and competitors.

AB 1695 makes a non-violent misdemeanor a prohibiting offense.

SB 1235 offers new restrictions on ammunition purchases and sellers, and creates a Department of Justice database of ammunition owners.

SB 1446 provides a confiscatory ban on all lawfully-possessed standard-capacity ammunition feeding devices that hold more than 10 rounds, with an exemption for retired police

Additionally, as of July 1, 2017:

Proposition 63 will totally prohibit and criminalize the possession of “large-capacity magazines”.

Don’t Get Caught On Your Cell Phone


New Law Affecting Drivers and Their Use of Electronic Devices

New cell phone laws have come to California. Governor Brown signed an extension to the current cell phone driving bill and the new rules impact where drivers can put their phones and how they may use them while operating a vehicle.

Assembly Bill 1785, signed at the end of December, 2016, and effective as of January 1, 2017, no longer allows Californians to hold their phone while operating a vehicle. If caught, drivers could be fined $20, with another $50 for each additional offense.

With the exception of making a single tap or swipe on your mobile device (while it is mounted or fixed to the vehicle), cell phone use is now almost entirely banned while operating a vehicle. Some of the simple operations now against the law while operating a vehicle are:

  • Reading, writing or sending a text message.
  • Holding your phone and talking.
  • Checking or posting to social media.
  • Taking a video.

– Ask the professionals at Babcock Partners, LLC for consultation.

This means drivers will need to set up their GPS, music and other applications prior to getting on the road.

Drivers who plan to continue to use their cell phones while driving should limit their usage to single taps and swipes and should invest in a cell phone mount for hands-free operation and easy access.

For a look at the entire Bill, please visit:


Asking yourself “when do I need a criminal defender“?

Know your rights at first:

1.You have the right to remain silent. If you wish to exercise that right, say so out loud.

2. You have the right to refuse to consent to a search of yourself, your car or your home.

3. If you are not under arrest, you have the right to calmly leave.

4. You have the right to a lawyer if you are arrested. Ask for one immediately.

Regardless of your immigration or citizenship status, you have constitutional rights.


Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.

You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.


Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Upon request, show police your driver’s license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.


You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Do not lie about your citizenship status or provide fake documents.


If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.

Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.

Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.


Do not resist arrest, even if you believe the arrest is unfair.

Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer.

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Special considerations for non-citizens:

– Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.

– Don’t discuss your immigration status with anyone but your lawyer.

– While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.

– Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.


You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.

You have the right to contact your consulate or have an officer inform the consulate of your arrest.

Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.

Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.

Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.

Keep a copy of your immigration documents with someone you trust.


Remember: police misconduct cannot be challenged on the street. Don’t physically resist officers or threaten to file a complaint.

Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).

File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

If you have been arrested, questioned, or concerned about law enforcement contact, please call our office immediately to discuss your case, we are here to protect YOUR rights!