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Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 3:04 pm
by Crippledtrigger
Since we've discussed this many times over the years...
Well that clears up that. The friend of the Dayton shooter who lied on his 4473 form about using MJ got arrested for it. Apparently he had no clue the guy was going to shoot but bought the lower for the pistol and helped build n upper.

Maybe a holding charge but like we've discussed here it's still a fed crime to lie use MJ and buy a gun and lie on the form. It's also still misconduct with a weapon in all the states if im correct. That is Having a gun with MJ at the same time.

https://www.theblaze.com/news/friend-w ... ral-charge

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 4:02 pm
by QuietM4
Sucks to be him. They will undoubtedly "make an example" of him.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 6:10 pm
by smithers599
What does that tell us about "red flag" laws? Find a buddy to buy your stuff for you.
"But it's a crime to lie on the form 4473." Yeah, how did that work out in this case?

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 7:55 pm
by AZ Husker
What if someone holds a medical marijuana license but doesn't partake?

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 8:09 pm
by Solar_Empire
AZ Husker wrote: August 12th, 2019, 7:55 pm What if someone holds a medical marijuana license but doesn't partake?
It wouldn't surprise me if it would fall into the "constructive intent" category. I'm sure they would say since you have the card, you have access to MJ at any time.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 8:23 pm
by QuietM4
AZ Husker wrote: August 12th, 2019, 7:55 pm What if someone holds a medical marijuana license but doesn't partake?
As an FFL, I would ask "why do you have a card if you don't partake?"

Also, from the ATF letter to dealers on the exact topic;

"...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."

AND

"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."

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 9:13 pm
by AZ Husker
I maintain my pilot's license but haven't flown in a few years.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 12th, 2019, 10:04 pm
by QuietM4
AZ Husker wrote: August 12th, 2019, 9:13 pm I maintain my pilot's license but haven't flown in a few years.
Well, there's not getting around that logic. :roll:

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 13th, 2019, 3:48 am
by Gatsby
Crippledtrigger wrote: August 12th, 2019, 3:04 pm ...
but bought the lower for the pistol and helped build n upper.
...
That's not what the article says... what he ACTUALLY bought according to the article was:
Kollie admitted to purchasing body armor, the upper receiver of an AR-15, and a 100-round double drum magazine, all of which were used during the Aug. 4 massacre.
It was his own pistol he lied about. Not the lower for the AR used in the shooting.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 13th, 2019, 5:39 am
by Gatsby
Also.... according to Reuters:
https://www.reuters.com/article/us-usa- ... SKCN1V21NE
During an interview at Kollie’s home on the day of the shooting, agents smelled marijuana and noticed a marijuana bong and a Micro Draco pistol in his possession, Glassman said.
but look at this list of drugs he admitted to using, and the frequency...
Later that week, authorities interviewed Kollie again, this time at work, where he told them he was a gun owner and that he had done hard drugs with Betts as well as marijuana and acid four or five times a week from 2014 to 2015, Glassman said.

Kollie told authorities he smokes marijuana every day and had been doing so for 10 years. He also told agents that he “micro-doses” mushrooms on a constant basis, saying it provides him with energy and is “fun,” according to the affidavit.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 13th, 2019, 6:20 am
by smithers599
Look how effective Form 4473 was at keeping him and the shooter from getting guns.
Surely, a "red flag" law would have been just as effective.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 13th, 2019, 9:05 am
by Crippledtrigger
The origional story I read insinuated it was the lower he bought because the upper is parts with no restrictions.

Regardless, weather the lower or other guns the point is the issue is moot, i.e. there is no grey area like many make believe. It's illegal to own guns and MJ at the same time and ofcourse to lie on the form. Every state, unless one or two made recent changes, makes the two together a misconduct charge at the state level. Not to mention the same thing at the fed level plus the other lying issues.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 16th, 2019, 5:54 pm
by Doc Holliday
They'll get you, even if you don't use, just the same how they can get you for drunk driving if you're in possession of the keys and sleeping it off, in the back seat. Having access to the keys is how they get you.

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 16th, 2019, 8:23 pm
by Crippledtrigger
Well I've been asleep in the passenger seat at Romans Oasis in GoodYear or the hotel with the bar south of I10 just north of there several times. At 3 or 4 in the AM. A cop always checked on me and usually talked to me and always said thanks for not driving. I was never totally wasted but shouldn't drive. Never arrested. Never harrassed.

YMMV

Re: Marijuana n gun buying. The feds just arrested Dayton shooter friend for it.

Posted: August 16th, 2019, 9:24 pm
by Solar_Empire
Crippledtrigger wrote: August 16th, 2019, 8:23 pm Well I've been asleep in the passenger seat at Romans Oasis in GoodYear or the hotel with the bar south of I10 just north of there several times. At 3 or 4 in the AM. A cop always checked on me and usually talked to me and always said thanks for not driving. I was never totally wasted but shouldn't drive. Never arrested. Never harrassed.

YMMV
My best buddy's brother got a DUI that way. He passed out in his back seat, was woken up by a cop, cuffed, and charged with a DUI. It screwed up his life pretty bad for a long time...all because he chose not to drink and drive. That was back in 2005 or so.

Another good one is the open container laws. I've wondered how many people have had the long dork of the law shoved into them because they put their open booze bottles in a box in the back seat of their vehicles not knowing about the law in the first place.

If someone can own a firearm and have a cabinet full of liquor or a medicine cabinet of opioids prescribed by the agents of big pharma then what is so terrifying about MJ? Rhetorical question, we all know why the feds prohibit it.