A Massachusetts man who was convicted of possessing less than an ounce of marijuana in 1975 is now seeking to own to own a handgun again.
Steven Richmond, who was charged with a misdemeanor marijuana possession charge 40 years ago, has filed an injunctive relief asking Hingham Police Chief Michael Peraino to issue him a License to Carry so he may possess a handgun inside his home and transport it to a local gun range.
“The Complaint alleges that Richmond, in 1975, was convicted in Florida for simple possession of less than an ounce of marijuana, a misdemeanor for which Richmond paid a $252 fine and served no jail time,” the injunction reads. “Richmond has not been convicted of a felony or any other criminal offense considered disqualifying for the purposes of obtaining an LTC. Today, Richmond seeks to purchase a handgun for self-defense in his home.”
Richmond can still own a rifle or shotgun within the confines of his home, but the Massachusetts native wants a handgun, and argued that a similar case landed in favor of the plaintiff.
“This case is substantially identical to the facts presented in Wesson v. Town of Salisbury, 13 F. Supp. 3d 171, 178 (D. Mass. 2014), in another session of this Court,” the injunction reads. “In that case, Judge Stearns entered a judgment in favor of plaintiffs, finding that their Second Amendment rights had been violated when they were disqualified from obtaining an LTC on the basis of a single, out-of-state conviction for simple possession of marijuana.”
Possession of small amounts of marijuana has all but been decriminalized in Massachusetts, and given Richmond’s clean record aside from the marijuana charge, it’s entirely possible the judge may rule in his favor.
Obviously, if you are impaired in any way, you should not be handling a firearm. But some of our laws are old and need to change. The question on the 4473 as regarding marijuana should be removed. People should have the same right to use it as alcohol users use whiskey, and I would sooner trust a smoker to a drinker with a gun. Add alcohol to almost any confrontation and you have a fight.
President Trump has mentioned the restoring the rights of convicted felons who have served their time. I hope he will consider the nature of that crime, and give a chance to non-violent felons. But, at the same time, we must remove this egregious law that criminalizes young people, especially. Casual use should not be a criminal act, nor a reason to revoke an important right.
If he beats this they’ll still get him on being a ‘habitual controlled substance user’ with the ‘subjectively’ open-ended interpretation on the 4473’s. Just like they can nail people who buy guns as gifts for others as ‘straw buyers’.
There’s only one solution to the coming Canadian socialism and totalitarian confiscation of all guns in America. Repeal/nullify/reverse ALL anti-Constitutional gun laws starting first and foremost with the treasonous agenda based fraud on American Liberty…the 1968 Gun Control Act. Otherwise learn to enjoy the only ‘gun’ you’ll ever be allowed to have again. Your BB gun…as long as it is not semi auto and doesn’t exceed 600 feet per second in muzzle velocity.