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Ohio


COULD THE PASSAGE OF ISSUE 2 AFFECT GUN OWNERS?

Even if recreational use becomes legal at the state level, it’s not in the eyes
of the federal government.
How the passage of Issue 2 could affect gun owners



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Author: Collin Dorsey
Published: 6:28 PM EDT October 31, 2023
Updated: 6:28 PM EDT October 31, 2023


COLUMBUS, Ohio — The measure to legalize marijuana is on the November ballot. If
it becomes legal in the state, it could affect gun owners who choose to partake.

Even if recreational use becomes legal at the state level, it’s not in the eyes
of the federal government. That use could prevent you from buying or owning a
firearm. 



Even though medicinal usage has been legal in Ohio for several years, that
medical card could have the same effect.

"People don't realize that if they choose to use marijuana, medicinal marijuana,
they are basically giving up their right to own and possess a firearm,” said
Eric Delbert, owner of L.E.P.D Firearms, Range and Training. He’s also a
part-time police officer.

At the moment, he said, people can have one or the other if marijuana becomes
legal in Ohio, but not both.

"We're bound by federal laws and that law says you can't be in possession of
firearms or ammunition,” said Delbert. "We'll have a customer, on occasion, say
'I have a legal medical marijuana card in the state of Ohio, how should I answer
this?' Unfortunately, at that point, that stops the transaction. We can't sell
to someone even if we know they are in possession of that."

When someone purchases a gun, they are supposed to fill out Form 4473 from the
Bureau of Alcohol, Tobacco, and Firearms. 

That form has a question asking: “Are you an unlawful user of, or addicted to,
marijuana or any depressant, stimulant, narcotic drug, or any other controlled
substance?” Answering yes to that question results in a denial of the sale.
Lying on that form isn’t a good idea; doing so is a federal crime that carries
prison time.

Delbert said there is some push for reform at the federal level to change the
strictness around marijuana and firearms, but it’s still illegal until then.

Supporters of Issue 2 are feeling encouraged going into the Nov. 7 election. A
spokesperson for the Coalition to Regulate Marijuana Like Alcohol said polling
and public opinion is in their favor.

“We’re feeling really encouraged,” said Tom Haren, the spokesperson for the
coalition. "We've had a really successful medical marijuana program from a
safety, reliability standpoint for the last six years. So, we know how to do
this."





RELATED ARTICLES

 * What Ohioans need to know about the November election: Voting deadlines;
   what’s on the ballot; when polls open and close
 * Ohio Issue 2: What you need to know about the recreational marijuana
   legalization initiative
 * Where central Ohioans can go to vote on Election Day

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