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Can I own a gun if I was convicted of a marijuana misdemeanor in 1972?
- Thread starter Liudas
- Start date
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adjusterjack
Senior Member
I'm getting conflicting information. Several sites allude to misdemeanors preventing you from owing a firearm or getting a CCW. The marijuana misdemeanor likely prevents you from getting a permit to carry concealed but the articles are not clear about purchasing and owning.
The closest I came to anything definitive was 2923.13:
https://law.justia.com/codes/ohio/2019/title-29/chapter-2923/section-2923-13/
If you were a minor at the time and the offense would have been a felony had you been an adult then, yes, the misdemeanor conviction could prevent you from purchasing and/or owning a firearm.
If you were an adult, then I don't think you would be prohibited. But don't take my comment as gospel. The statutes are confusing.
Before you get a firearm I suggest you consult an Ohio firearms lawyer and find out for sure. Might cost you a few hundred dollars but that's better than prison if you get it wrong.
The closest I came to anything definitive was 2923.13:
https://law.justia.com/codes/ohio/2019/title-29/chapter-2923/section-2923-13/
If you were a minor at the time and the offense would have been a felony had you been an adult then, yes, the misdemeanor conviction could prevent you from purchasing and/or owning a firearm.
If you were an adult, then I don't think you would be prohibited. But don't take my comment as gospel. The statutes are confusing.
Before you get a firearm I suggest you consult an Ohio firearms lawyer and find out for sure. Might cost you a few hundred dollars but that's better than prison if you get it wrong.
quincy
Senior Member
Possibly. Was this a minor misdemeanor?
A minor misdemeanor marijuana conviction in Ohio should not on its own prevent you from owning a gun.
Right now, federal law still classifies marijuana as a Schedule I controlled substance, however, and your state’s attorney general says the state will follow federal law. If you have a medical marijuana card, you cannot purchase a gun.
I agree with adjusterjack that you should speak with an attorney in Ohio who has experience in gun rights and drug offenses. What you don’t want to do is lie on any application about your conviction as that can get your application tossed.
A minor misdemeanor marijuana conviction in Ohio should not on its own prevent you from owning a gun.
Right now, federal law still classifies marijuana as a Schedule I controlled substance, however, and your state’s attorney general says the state will follow federal law. If you have a medical marijuana card, you cannot purchase a gun.
I agree with adjusterjack that you should speak with an attorney in Ohio who has experience in gun rights and drug offenses. What you don’t want to do is lie on any application about your conviction as that can get your application tossed.
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FlyingRon
Senior Member
I'm confused. Except for domestic violence, misdemeanors don't disqualify you from gun ownership under either Ohio or Federal law. It takes a conviction either classifiable as a felony or subject to a penalty of more than a year. The Ohio CHL eligibility follows the general eligibility rules on this.
Q is right about today's law. Small amounts of marijuana are even decriminalized in Ohio, but before that they were minor misdemeanors. Even up to a kilo is still only a first-degree misdemeanor which doesn't end up barring you (Ohio M1 is only subject to 180 days in jail).
Q is right. Current illegal drug users are barred, and marijuana is still federally illegal regardless of state law. You're committing a felony to receive or possess a firearm while using it.
Q is right about today's law. Small amounts of marijuana are even decriminalized in Ohio, but before that they were minor misdemeanors. Even up to a kilo is still only a first-degree misdemeanor which doesn't end up barring you (Ohio M1 is only subject to 180 days in jail).
Q is right. Current illegal drug users are barred, and marijuana is still federally illegal regardless of state law. You're committing a felony to receive or possess a firearm while using it.