2nd District Ruling on MM Marijuana & CHL

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2nd District Ruling on MM Marijuana & CHL

Postby schmieg » Mon Sep 25, 2017 8:47 pm

In administrative appeal of sheriff's denial of plaintiff's application for a concealed handgun license, trial court erred in affirming the denial where decision was based on plaintiff's misdemeanor conviction for marijuana possession, the amount of marijuana would have been a minor misdemeanor in Ohio, and statute precludes consideration of minor misdemeanors in making concealed handgun license determinations,
http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2017/2017-Ohio-7746.pdf
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Re: 2nd District Ruling on MM Marijuana & CHL

Postby willbird » Mon Sep 25, 2017 10:06 pm

Under federal law the guy still cannot buy a gun though ??

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Re: 2nd District Ruling on MM Marijuana & CHL

Postby willbird » Tue Sep 26, 2017 6:35 am

Effective this Friday, non-felony drug convictions (i.e. misdemeanor and minor misdemeanor) are no longer firearm disabilities under Ohio law


Interesting......will be curious to see if USC picks this case up.

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Re: 2nd District Ruling on MM Marijuana & CHL

Postby JustaShooter » Tue Sep 26, 2017 7:16 am

willbird wrote:Under federal law the guy still cannot buy a gun though ??

I don't believe that's the case. A single minor misdemeanor conviction does not look to me like it would be a disqualifier under Federal law. Federal law prohibits "a person who is an unlawful user of or who is addicted to a controlled substance". Seems to me like it would take more than one MM in the person's past to establish them as a prohibited person under that standard.
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Re: 2nd District Ruling on MM Marijuana & CHL

Postby willbird » Tue Sep 26, 2017 7:43 am

JustaShooter wrote:
willbird wrote:Under federal law the guy still cannot buy a gun though ??

I don't believe that's the case. A single minor misdemeanor conviction does not look to me like it would be a disqualifier under Federal law. Federal law prohibits "a person who is an unlawful user of or who is addicted to a controlled substance". Seems to me like it would take more than one MM in the person's past to establish them as a prohibited person under that standard.


Yea it had been quite some time since I had dug into it. The courts have ruled that a MM card can preclude one from buying from FFL due to the "habitual user" language.

I'm just hard wired to a lifetime of thinking any weed conviction would remove your second amendment rights...in my own case it was a GOOD fear...it pushed me towards a life of sobriety since 11-12-1991.

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Re: 2nd District Ruling on MM Marijuana & CHL

Postby M-Quigley » Tue Sep 26, 2017 8:06 am

willbird wrote:
JustaShooter wrote:
willbird wrote:Under federal law the guy still cannot buy a gun though ??

I don't believe that's the case. A single minor misdemeanor conviction does not look to me like it would be a disqualifier under Federal law. Federal law prohibits "a person who is an unlawful user of or who is addicted to a controlled substance". Seems to me like it would take more than one MM in the person's past to establish them as a prohibited person under that standard.


Yea it had been quite some time since I had dug into it. The courts have ruled that a MM card can preclude one from buying from FFL due to the "habitual user" language.

I'm just hard wired to a lifetime of thinking any weed conviction would remove your second amendment rights...in my own case it was a GOOD fear...it pushed me towards a life of sobriety since 11-12-1991.

Bill


A medical marijuana card is different though, it might imply that you're a current user. Not the same as someone who, say 5 or 10 yrs. ago had a minor misdemeanor for possession.
(reference the word "is" in the 4473 question, not "were you ever" or "or have ever been", for example.)
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