Marijuana and Guns

Oh Shit, Oh Dear! What is an anti-gun person to do? Smoking marijuana good, guns bad. Arresting people with guns because they smoke marijuana, that’s outrag …. ah,

A friend of the Dayton shooter has been arrested for lying about his drug use on a Federal Form.

When one purchases a gun from a licensed dealer the buyer is required to fill out ATF form 4473. The seller is required to keep the form.

As a preventative Form 4473 is useless. Okay, I’m being overly harsh. If a potential buyer answered form 4473 truthfully. An affirmative answer claiming drug use, alcohol abuse, mental illness and or being currently under indictment would prevent the sale.

Unfortunately, most people lie. The NICS system tracks convictions that would bar a potential purchaser. NICS is only as good as the information fed to it both input and query. It doesn’t track wackos, drunks and drug abusers who have not been adjudicated.

Section 11 Form 4473

Here is form 4473 in all its glory.

Where 4473 shines is after the fact. If an offender purchased a firearm from a Class III dealer (ATF licensed gun dealer) and the purchase can be tracked back to the dealer and the dealer can find the Form 4473, then the offender could be charged with a felony for lying on the form.

Ohio has essentially decriminalized marijuana use, making use a low grade misdemeanor. Ohio also has a medical marijuana program. Keep in mind there are states where marijuana use and possession is legal.

Under Federal law marijuana is illegal, period. The Feds do not recognize the state stand on marijuana. The states cannot overrule the Feds.

Into this situation comes the perfect storm for the Dayton guy. The FBI comes knocking on his door asking about the Dayton shooter. What happened next, well let the FBI tell it:

Kollie had a concealed carry permit and owned a micro Draco pistol, a Taurus semi-automatic and a .38 Taurus revolver, Glassman said. Agents interviewing Kollie at his apartment said they smelled marijuana and saw a bong and the Draco pistol in plain sight.

When agents returned with a search warrant, they said Kollie was carrying the .38 and what they believed was a small amount of marijuana.

When purchasing weapons, Kollie checked the “No” box when asked if he used drugs, Glassman said

This case doesn’t represent the ideal horror show. That would happen if one substituted Colorado for Ohio. Either way, the reality is, if you smoke dope you are required to divulge that fact. If you do so, you cannot legally purchase a firearm. You also cannot possess a firearm.

I think back to all the search warrants I ram where I found both drugs and guns, about 95%. I knew of the prohibition regarding drug abusers and firearms. It wasn’t worth the effort to try to make the case. True, we couldn’t do it on our own, ATF had to be willing to play.

I was more aggressive in charging “Possession of a firearm during a drug related felony”. I sent three cops, in three separate incidents, to Federal prison for that one.

“But, but, I’m a cop. Policy says I gotta carry off duty!”

“What does policy say about dealing dope?”

Right wrong or indifferent there are so many laws and possible combinations that the possibilities for charging are endless. That is both frightening and reassuring at the same time.