Conviction for Using Marijuana While in Poss. Of Firearms

[Speedo66]

The mother of the 6 year old who shot his teacher in VA took a plea in Federal court to possessing a firearm while abusing drugs, and lying about it on the 4473 form when she purchased it.

Would the Feds have gone after her were there not a newsworthy backstory, hard to say. She admitted she was a big time user of marijuana, the Feds found quite a bit of it plus drug supplies in her garbage when they searched her home.

There are still open state charges against her for child neglect for allowing her child to gain access to the handgun.

 

[EMC45]

......Hunter.......

 

[bearcreek]

Would the Feds have gone after her were there not a newsworthy backstory, hard to say.

The Feds don't go after anyone that they don't know about. That said, they certainly pick and choose who they go after and who they don't. I can think of several high profile public figures who openly use pot and own firearms.

 

[jmorris]

Would the Feds have gone after her were there not a newsworthy backstory, hard to say.

If there wasn’t a back story, how would they know to go after her?

When bad people do bad things prosecutors generally pile up as many charges as they can for leverage on “deals”.

I suppose these days where States facilitate the breaking of Federal law by allowing the sale of illegal drugs, do they keep records that would allow the .gov to put the two together? If not, I’d expect them to do so at some point. As the same folks that don’t have a problem breaking Federal law are the ones that want to disarm everyone. Would be a win/win for them…

 

[bearcreek]

As the same folks that don’t have a problem breaking Federal law are the ones that want to disarm everyone. Would be a win/win for them…

That's a rather broad brush there man. There are plenty of folks who are diehard supporters of the right to bear arms who don't think the government has the right to regulate what you put in your body.

 

[Riomouse911]

The Feds don't go after anyone that they don't know about. That said, they certainly pick and choose who they go after and who they don't. I can think of several high profile public figures who openly use pot and own firearms.

And at least one I know of lied on his 4473 form about drug use when buying a gun… then allegedly tossed it in a dumpster somewhere later on.

After decades of working with many alphabet agencies and supervising task force investigators assigned to joint operations, I will opine that the Fed LEO’S love sexy cases, their AUSA’S love sexy, gift-wrapped cases. Anything else is almost always a no-go with them.

If it’s a political hot potato, it better be a case that won’t piss off the current leadership. If it will, those often get drug out until the statute of limitations expires and they fade away.

Stay safe.

 

[wayneinFL]

It's a classic case of we can't get the suspect on the crime, so we get the suspect on some other bull crap.

It surprises me so many people just don't understand the difference between federal and state law. The states passed laws in many cases to mirror federal drug and gun laws.

Just because the states roll back some of their laws or refuse to assist in enforcing federal laws, that doesn't mean the federal government won't go after you. Until that federal law goes away, you're still taking a big risk you might end up on their radar somehow.

 

[DustyGmt]

The way I understand it, the feds can greenlight anybody and use the full force of the gov to make trouble for you if they want to. Everybody has broken a law or not paid a tax.

FPS Russia had a massively successful YouTube channel and was one of the top highest earning content creators and had a ton of money invested in his private firearm collection and he got on the wrong side of the gov and the AFT raided him a number of times looking for anything good for a charge and I believe on the 3rd raid they found a couple grams of marijuana in his house and seized all the weapons, fined him up the wazoo and gave him jail time. I don't know whose undies were all jammed up about him but they definitely made it a priority to take him out of the picture.

Don't believe me, look it up. It definitely pays to mind your business, pay your taxes, live a small life and don't piss off anybody in power....

 

[I6turbo]

Rotten to the core.

 

[wayneinFL]

The way I understand it, the feds can greenlight anybody and use the full force of the gov to make trouble for you if they want to. Everybody has broken a law or not paid a tax.

FPS Russia had a massively successful YouTube channel and was one of the top highest earning content creators and had a ton of money invested in his private firearm collection and he got on the wrong side of the gov and the AFT raided him a number of times looking for anything good for a charge and I believe on the 3rd raid they found a couple grams of marijuana in his house and seized all the weapons, fined him up the wazoo and gave him jail time. I don't know whose undies were all jammed up about him but they definitely made it a priority to take him out of the picture.

Don't believe me, look it up. It definitely pays to mind your business, pay your taxes, live a small life and don't piss off anybody in power....

Exactly. FPS Russia was suspected of killing his business partner. He had no motive to do so, amd there was no evidence he had, but the locals wouldn't let it go, so the ATF raided him repeatedly until they found something.

Same thing in this case. My understanding was that they couldn't find any evidence that this lady had left the gun unsecured, and that the 6 year old figured out the combination to the safe.

Part of me thinks- what kind of idiot can't keep a gun away from a 6 year old?

On the other hand, I didn't realize all 4 of my sons knew all my wife's passwords and PIN numbers until I asked for her SSN one night and couldn't reach her. Turned out all my kids knew it, and all her passwords, because she kept asking for help with setting up her phone, computer, TV, etc. So if she set a safe with the same 4 digits she used for everything else, the kids would have access. She probably would have had one of the older kids set the combination for her!

So lord knows that could have happened to me- the feds would have kept tearing my stuff apart until they found something, just like they did to her.

 

[DustyGmt]

It would probably not surprise anybody to know that millions of people are recreational pot users and millions of these people buy guns and lie on the 4473. They may have a spotless record or be generally law abiding people, but it's a vice for many, I know of many people, young and old, who are lifelong hunters and firearm owners who use pot.

I don't, but I do think it's kind of a silly thing to have on the form. Sort of equivalent of do you occasionally drink an alcoholic beverage. Just seems asinine that it would be a prohibiting factor since so many millions and millions use it and are peaceful and generally law abiding.

 

[Riomouse911]

It would probably not surprise anybody to know that millions of people are recreational pot users and millions of these people buy guns and lie on the 4473. They may have a spotless record or be generally law abiding people, but it's a vice for many, I know of many people, young and old, who are lifelong hunters and firearm owners who use pot.

I don't, but I do think it's kind of a silly thing to have on the form. Sort of equivalent of do you occasionally drink an alcoholic beverage. Just seems asinine that it would be a prohibiting factor since so many millions and millions use it and are peaceful and generally law abiding.

Hmmm. I will guess that if the 4473 was used during prohibition the alcohol-use question probably would have been on there.

Stay safe.

 

[GEM]

Legalize marijuana on the Federal Level. Cornpop Fightin' Joe is against it. Folks here go the LGS, see the 4473 question, tell the clerk they have a marijuana medical card and the gun goes back into the display case.

All defendants busted on this are planning a Hunter defense. The progressive lawyers plan to run Hunter and Bruen up the backside of such prosecutions. Quite a few stories on that.

 

[CDW4ME]

I don't use marijuana, never have, don't plan on it either.

What if someone did not use marijuana, never had, and legally bought a handgun; years later they get a medical marijuana card / prescription would that make it illegal for them to possess the handgun they legally bought before?

Just curious, doesn't apply to me or anyone I know.

 

[12Bravo20]

I don't use marijuana, never have, don't plan on it either.

What if someone did not use marijuana, never had, and legally bought a handgun; years later they get a medical marijuana card / prescription would that make it illegal for them to possess the handgun they legally bought before?

Just curious, doesn't apply to me or anyone I know.

Yes it would. That is no different then buying a firearm legally and later being convicted of domestic assault, having a protection order against you, or any other legal reason that would prevent you from possessing firearms.

 

[citizenconn]

I may be cynical, but almost all of the questions beyond your name and address all seem to be gotcha questions for the Feds to use later if you ever get on their radar. Same way they often do to folks where they can't get a conviction in their criminal investigations but end up convicting them on lying to the FBI or other federal agency, like they did to Martha Stewart and numerous others. That is total BS.

If the NICS system worked like it was supposed to then those prohibited from owning a gun would get denied at the point of sale. Yet we hear of instance after instance where a school shooter or other bad guy was able to pass the NICS background check and buy a gun because some agency dropped the ball in reporting the buyer for an offense they committed.

 

[DustyGmt]

Hmmm. I will guess that if the 4473 was used during prohibition the alcohol-use question probably would have been on there.

Stay safe.

I suppose the whole thing about equating pot with alcohol use isn't quite an apples to apples thing. It's legal at the state level or probably most states by now but against federal law everywhere. People tend to cause more damage to themselves and other if they drink too much but people walking around high all day doesn't exactly inspire confidence in one's ability to safely own/carry/store a firearm.

I guess most of it slips through unchecked and unenforceable, unless you screw up in which case, you rolled the dice. I personally can't stand pot, but it's just so common I would imagine that if people actually followed the law, we'd have half as many gun owners in this country, perhaps less.

 

[jmorris]

That's a rather broad brush there man. There are plenty of folks who are diehard supporters of the right to bear arms who don't think the government has the right to regulate what you put in your body.

Oh, I didn’t intend it to come off like that. I am more of a Librarian myself. There are folks out there that just want things their way. “Don’t tell me what I can and can’t put in my body, just tell everyone else they can’t own something I don’t want to own…” Democrats are not alone in this perspective as the Republicans do the same thing on other positions.

Just pointing out the Liberal States and cities often share the two policies.

 

[DustyGmt]

Deleted

 

[DustyGmt]

just tell everyone else they can’t own something I don’t want to own…”

Unfortunately it's not just the other side with this mentality, there are plenty of "pro 2A's" among us that have the same mindset......

 

[Electrod47]

As long as your 6 year old doesn't shoot his first grade teacher I don't think anybody's going to get in trouble. If that's all they could get on her to hopefully Throw the Book at her. I'm good with that.

 

[theotherwaldo]

I'm not sure how I feel about this.

By the time I was six I had found three functional, loaded firearms and major parts of several others.
I had carried one to school (a Baby Colt clone) and regularly carried the bolt of a .22 rifle, just so that Dad wouldn't take and sell them.
My parents didn't even know about these items until they found them - and, of course sold them

(The third gun was a S&W Model 10 in a box of home movies. I left it where I found it)

Is that parental negligence?

 

[FL-NC]

They went for what was available, even though it is a far stretch to assume that if she wasn't using pot the incident would not have happened. I can think of another high profile case where someone was using much more dangerous substances and lied on a 4473 to obtain a handgun, yet the authorities don't appear to be in a hurry to address it.

 

[Riomouse911]

I'm not sure how I feel about this.

By the time I was six I had found three functional, loaded firearms and major parts of several others.
I had carried one to school (a Baby Colt clone) and regularly carried the bolt of a .22 rifle, just so that Dad wouldn't take and sell them.
My parents didn't even know about these items until they found them - and, of course sold them

(The third gun was a S&W Model 10 in a box of home movies. I left it where I found it)

Is that parental negligence?

Via the doctrine of vicarious liability, your parents certainly could have been held civilly and possibly criminally liable for your actions as a 6-year-old, had you done something that caused injury or damage.

This lady was held accountable for the actions of her child in the same manner.

Stay safe.

 

[theotherwaldo]

Via the doctrine of vicarious liability, your parents certainly could have been held civilly and possibly criminally liable for your actions as a 6-year-old, had you done something that caused injury or damage.

This lady was held accountable for the actions of her child in the same manner.

Stay safe.

Luckily, I'd always been a sneaky little critter who wasn't very interested in hurting anybody or anything.

My medicine man, Push-Me-Ta-Ha, dubbed me 'He Who Finds', not 'He Who Kills'... .