In Virginia, marijuana has been decriminalized in certain situations, but legally you are not allowed to use marijuana and buy a gun, according to federal law.
This issue was especially relevant when police say a 6-year-old shot his teacher in Newport News.
When you go to buy a gun from someone with a federal firearms license like at Bob’s Gun Shop, you are asked to fill out form 4473 and it specifically asks if you are an unlawful user of or addicted to marijuana or other controlled substances.
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"That’s a big thing that a lot of people don’t realize especially in a gun store," said Steve Dowdy, Bob's Gun Shop owner. "We’re operating under federal law."
He said even if a state legalized marijuana, the gun shop operates under federal law so there is no usage allowed for marijuana when it comes to possessing and buying a gun.
After a 6-year-old shot his teacher in Newport News, the gun he used along with his mother, Deja Taylor, were thoroughly investigated.
Federal prosecutors say authorities found what they called “copious amounts of marijuana" when they searched Taylor's home and evidence of usage when they searched her phone.
Taylor pleaded guilty back in June to two federal firearm violations: using illegal drugs while possessing a gun, and lying about her drug use when purchasing the gun.
The News 3 Investigative Team previously met up with Jimmy Ellenson, Taylor’s attorney who said it's not common for federal prosecutors to file these kinds of gun related charges associated with marijuana use.
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He said generally they file these kinds of charges for harder drugs not marijuana. He called the charges unusual.
But changes to marijuana laws in the state of Virginia may have confused some gun buyers.
Dowdy also said too often people come in the store interested in buying a gun but smell of marijuana. He said he has to turn them away.
"I'm part of a dealer network and its problem for gun stores everywhere who are dealing with legal cannabis use," said Dowdy.
So while certain aspects of marijuana may be legal in Virginia, it's not federally legal so when you are filling out forms to buy a gun make sure you read the fine print.
