# Taking your guns away.



## afadenho (Mar 9, 2010)

Alright so I am a Criminal Justice major and I also work for the Law director when I'm on my breaks and during the summer. I was working today and I just found out that if you get a Poss of Marj which is a Minor Misdemeanor you get put on a Disablity charge which means you are never aloud to be in the possession of a gun again (not even a muzzle loader) I am not saying I agree with using drugs and what not but I don't know what I would do if they tried to take my guns away. Just seeing what you guys thought.


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## Huntinbull (Apr 10, 2004)

Realistically, the two really don't have anything to do with one another. A possession charge should not effect your gun ownership. A trafficking charge or possession with intent, on the other hand, should. At that point I think a firearm becomes a criminal tool.


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## afadenho (Mar 9, 2010)

I agree but I guess they changed the law not to long ago and there were a bunch of cops in Cincinnati that had Poss of Marj cases from when they were younger and they just payed the waiver so they got there guns taken away too.


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## sherman51 (Apr 12, 2011)

i just dont see where using a little mj should have anything to do with owning a gun. i dont use the stuff myself but have been around alot of people that did. and in my opinion the people that used mj was much more peaceful than the drunks. the way i see it, its just another way the anti gun people can take our guns. and its just wrong.

i have a brother that was busted with alittle crack for his own use in florida. it turned out to be a felony, so he cant even go deer hunting with us now that he lives in indiana. but i think the hard drugs is a different story than alittle pot.
sherman


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## sam kegg (Jun 23, 2007)

I dont personally use pot but i think it should be legal and have no difference in the gun owner ship. I have herd of more drunk angry people taking there own life or someone else's life than a weed toker! unless ofcourse your a convicted drug dealer or something like that


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## afadenho (Mar 9, 2010)

I agree with you guys but the only reason I put this up is because there is a case thats pending where I work where a guy was using a muzzle loader and a game warden stopped him and I guess he had been caught with pot awhile ago so the game wardin took him to jail. His excuse was that the prosecutors office told him he could use a "primitive weapon" I don't know I guess I kinda feel bad for the guy


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## sam kegg (Jun 23, 2007)

wow caught twice by the same warden thats bad luck!! i dont think they should take away your right to harvest food i thought it depends on the case. some can use a bow but not a crossbow becuz it has a trigger


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## afadenho (Mar 9, 2010)

He wasn't caught twice I guess when the Game Warden checked him it said that he was "under disablity" for a prior convention of Poss of Marj which means you're not aloud to own a gun. They don't even do a background check when you buy a muzzle loader so even though it's the law and you have to abide by it I still don't think I agree with it.


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## ironman172 (Apr 12, 2009)

how and when is the common man supposed to know about all these new laws being enforce or implemented....wait till you get caught to find out....reject you when you go to buy a hunting license  because of a past charge many years ago.....that for some has nothing to do with you now....is your minor record locked or can they go that far back too?
not that it has anything to do with me....but I have a few friends.... that it might


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## sam kegg (Jun 23, 2007)

thats true! common guy can get screwed by the system if he is not on the up and up with the new laws! hard to keep up


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## afadenho (Mar 9, 2010)

Depending on how far back it is most people that get caught just pay the waivor then if you want to change your plea you have to go back into court and revoke your old plea and the majority of courts depending on how far back have already destroyed the case. It's is just a big pain to get done and thats only if the court still has your file


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## afadenho (Mar 9, 2010)

I agree some of the laws don't make sense to me either I got an underage when I was 18 and in college and it is considered a misdemeaner of the 1st degree 1 step below a felony yet alochol is leagal and Poss of Marj is a Minor Misdemeaner the same as a seat belt ticket or a speeding ticket and then they take your guns because its a drug charge.


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## Sharp Charge (Jun 24, 2009)

HB54 which took effect on Sept 30 allows the restoration of your 2nd amendment rights for cases such as this.

http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_54


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## Net (Apr 10, 2004)

afadenho said:


> Alright so I am a Criminal Justice major and I also work for the Law director when I'm on my breaks and during the summer. I was working today and I just found out that if you get a Poss of Marj which is a Minor Misdemeanor you get put on a Disablity charge which means you are never aloud to be in the possession of a gun again (not even a muzzle loader) I am not saying I agree with using drugs and what not but I don't know what I would do if they tried to take my guns away. Just seeing what you guys thought.


If you are referring to State vs Stone that case was dismissed on appeal.


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## redneck bassmaster (Jan 4, 2012)

well i guess i agree because i wouldnt want a guy with a gun high on drugs. It wont affect me or anyone i know so i dont have a problem with this law.


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## freyedknot (Apr 10, 2004)

you dont have to fill out the background check papers to buy a muzzeloader. that also means you can buy them thru the mail at cabelas or bass pro shop w/o the background check. so something may wrong with the case? also possession of a large quantity can be a felony


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## leupy (Feb 12, 2007)

I am not an attorney and I did not stay in a Holiday Inn but I did read the ruling posted by NET. The way I read it the court did reinstate the case finding that the matter should be addressed by the legislature not the court.
I hope I am wrong in my inturpatation and believe just paying a citation for a minor misdemeanor should not be the basis of loosing your 2nd amendment rights.

(3) The person is under indictment for or has been convicted of any *felony* offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

This subsection (3) was copied directly from the O.R.C. It clearly states *felony* so I do not understand how this could constitute a basis for a disability.


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## afadenho (Mar 9, 2010)

Due to a recent decision by the Court of Appeals in *State of Ohio v. Robinson* we wanted to clarify the Weapons under Disbility law. Minor Misdemeanor Possession of Marijuana now counts to cause another to be under disability. This was a letter sent to our office Sept 29th 2010 and I'm 99% sure the law hasn't changed.


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## ShakeDown (Apr 5, 2004)

Unlocked, but keep the politics out please.

Outdoor Hub mobile, the outdoor information engine


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## leupy (Feb 12, 2007)

Okay I read Robinson, the issue of the crime being a minor misdemearor was not addressed, the appeal was only based on it not being a crime that needed to be addressed in a back ground check. How did the court get passed the word FELONY in the ORC? On the federal form 4473 the word felony is there, this law uses the exact language as the 4473, is this legislation from the bench ??? If not please show where, when the ORC clearly states it must be a felony to where a misdemeanor now applies??
Okay it is past my bedtime I will get back to this in the morning or afternoon. Thanks to Shakedown for opening the thread back up. I hope we can all be better informed from this thread.


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## afadenho (Mar 9, 2010)

Having Weapons Under a Disability
{¶16} Robinson also assigns as error the trial court&#8217;s entry of a conviction for the
offense of having weapons under a disability. Robinson was charged with violating R.C.
2923.13(A)(3), which provides, &#8220;Unless relieved from disability * * * no person shall
8 R.C. 2923.11(E).
OHIO FIRST DISTRICT COURT OF APPEALS
6
knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if * * * the
person is under indictment for or has been convicted of any offense involving the illegal
possession * * * [of] any drug of abuse.&#8221;
{¶17} To establish the disability element of the offense in this case, the state
presented Robinson&#8217;s prior convictions for possession of marijuana in violation of R.C.
2925.11. These convictions involved minor-misdemeanor offenses.

{¶18} Robinson contends that these prior convictions were not a disability
because R.C. 2925.11(D) provides that an arrest or conviction for a minor-misdemeanor
violation of the drug-possession statute does not constitute a &#8220;criminal record.&#8221;9
Moreover, he contends that assigning a disability by virtue of his prior convictions for
minor-misdemeanor offenses created an absurd result because the state had actually
licensed him to carry a firearm as a security guard.
{¶19} After careful consideration, we reject Robinson&#8217;s argument. In interpreting
or construing a statute, our primary concern is the legislature&#8217;s intent in enacting it.10 To
discern this intent, we must &#8220;read words and phrases in context according to the rules of
grammar and common usage,&#8221;11 mindful that criminal statutes must be strictly construed
against the state.12


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## afadenho (Mar 9, 2010)

I hope that helps I don't want to get all political about it but I don't think this is common knowledge and I figured people would be interested to know the law. It applies to all of us no matter who we are.


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## Net (Apr 10, 2004)

I think Robinson needs to get a better lawyer.

I don't normally get involved in gun debates but this one has got me scratching my head. Lose your 2nd amend rights for a prior minor misdemeanor? It just doesn't add up. Either make possession of marijuana a felony or get off the pot (no pun intended).


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## leupy (Feb 12, 2007)

Didn't help a bit, how did they get past the word FELONY????


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## Mad-Eye Moody (May 27, 2008)

You could always just not use drugs, then you don't have to worry about it.....


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