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Published: Monday, December 04, 2017 @ 11:10 AM
Updated: Monday, December 04, 2017 @ 1:05 PM
— People who register with the state of Ohio to legally use medical marijuana will be prohibited from possessing firearms under federal law, according to guidance released by the U.S. Bureau of Alcohol, Tobacco and Firearms.
In an open letter to federally licensed firearms dealers, the ATF advised in 2011 that marijuana is still a Schedule I controlled substance under federal law so any use of the drug is unlawful, and gun dealers are prohibited from providing guns or ammo to anyone they have cause to believe uses pot.
“There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such is sanctioned by state law,” the memo says.
The law applies to more than just buying guns. The ATF letter says marijuana users are prohibited from “shipping, transporting, receiving or possessing firearms or ammunition.”
Anyone applying to purchase a gun from a licensed dealer must sign a form attesting he or she is not “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”
“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside,” the form notes.
Lying on the form is a felony under federal law, punishable with up to 10 years in prison.
“There is definitely a conflict between the state laws and the federal laws,” said Joe Eaton, southwest Ohio spokesman for the Buckeye Firearms Association.
It’s not clear how to reconcile that conflict, he said, “We are confused as everyone else at this point.”
When Ohio’s medical marijuana program becomes operational in September 2018, Ohioans will be able to register to use cannabis if they have a recommendation from a physician saying they have one of 21 qualifying conditions.
Industry analysts have estimated as many of 24 percent of the state’s population – or about 2.8 million Ohioans – have a qualifying condition.
The conflict between federal firearms laws and state cannabis laws has flared up on other states.
In Hawaii, Honolulu police last month told residents who had medical marijuana cards they have 30 days to turn in their firearms to authorities, according to reports in the Honolulu Star Advertiser.
The Associated Press reports that a federal circuit court of appeals ruling on a case out of Nevada found that the federal ban on the sale of guns to medical marijuana users doesn’t violate the Second Amendment.Tweets by JoshSweigart
Published: Monday, April 23, 2018 @ 1:40 PM
Updated: Monday, April 23, 2018 @ 4:03 PM
MIDDLETOWN — A mother’s post on Facebook that her son feared for his life during an arrest by Middletown police was “blown out of proportion,” Middletown Police Chief Rodney Muterspaw said.
In a Facebook post attributed to LaShandra R. Tatum, Isaiah Elliott’s son, she wrote: “Middletown police did this to my son after he was in handcuffs begging for his life. He said he thought he was going to die and he kept saying yes sir to the officers. The officer touched his gun and told my son I will smoke you!!!! The prayers of the righteous availeth much! Thank you Jesus. Now direct me to a lawyer please!!!!”
But in another post, Elliott, wrote, in part: “My mama over did it…not once did I beg for my life or tell her I thought I was (going to) die…”
When contacted by this news outlet, Elliott said: “Nothing happened.” Then he hung up the phone.
His girlfriend, who was with Elliott, also refused to comment on the phone.
Later, Elliott contacted this news outlet, at the urging of his mother, he said.
He said the officer was “very forceful” during the arrest.
Tatum said she wished she never posted anything on social media about the incident. Still, she’s seeking a lawyer because she wants to see if there’s a video available of the arrest.
During the alleged incident, Tatum said her son asked his girlfriend to “record” what the police were doing. Instead, the girlfriend called Tatum, crying and saying police were “abusing” her son.
“He’s not some angel,” she said. “He’s a 19-year-old black boy who has issues. Thank God he’s alive.”
Tatum said she has talked to her son and told him to obey commands from police. He should have left the apartment complex as he was instructed by officers, his mother said.
Muterspaw said Tatum, or anyone who has an issue with alleged officer misconduct, should meet with him, and if they don’t trust police, they are welcome to bring a lawyer or pastor to the meeting. He said his department is “open and transparent.” Muterspaw also contacted the NAACP, Citizens Advisory Board, and the Black Ministerial Alliance to make them aware of the investigation.
He said Tatum left out “10 times the facts” in her social media post that was shared more than 1,000 times.
Muterspaw said that around 2 p.m. Wednesday, Officer Holly Owens was dispatched to a disturbance at Trinity Place Apartments. A woman who lived there told police that she didn’t want to file charges but she wanted Elliott, 19, of Cincinnati, to leave the complex.
Officers stood by while Elliott left the complex, according to Muterspaw.
Later that same day, police were called after the woman said Elliott had returned and started a fight with her before she escaped the apartment and went to the clubhouse and called the police.
She told the officers Elliott was pushing her around, Muterspaw said, but didn’t want to file charges.
The apartment management also told police they wanted Elliott trespassed off the property.
Police then responded to the apartment for a third disturbance. This time, Officer Jordan Wagers was talking to the complainant and she went back inside the apartment to get a few things. That’s when the officer heard her scream, according to a police report.
Wagers said the woman ran outside, crying and screaming that Elliott was chasing her. Wagers stopped Elliott and told him to leave the property but he refused, according to the police report.
At that time, Wagers told Elliott he was under arrest and to put his hands behind his back, but Elliott refused, according to police. He was told several times to comply but he refused, police said.
Wagers then took Elliott to the ground and got him handcuffed, police said.
During the take down, Elliot received scrapes on his face, but declined treatment by medics and the hospital, Muterspaw said.
Elliott was charged with criminal trespass and resisting arrest.
On Friday, Elliott was found guilty of resisting arrest and ordered to stay away from the woman’s apartment, according to court documents.
Muterspaw said Elliott has a history of the following arrests: physical harm to a law enforcement officer (2017), criminal trespass (2017) and two counts of obstructing official business (2017).
Published: Saturday, April 21, 2018 @ 6:14 AM
Updated: Monday, April 23, 2018 @ 3:30 PM
DAYTON — UPDATE @3:30 p.m. (April 23):
One person has been arrested on a preliminary charge of murder in connection to a weekend shooting at Rick’s Jazz Club, according to Dayton police.
The suspect was taken into custody at an apartment complex in the 5400 block of Dovetree Boulevard in Moraine, a Dayton police spokeswoman confirmed Monday afternoon.
The identity of the suspect was not released.
Darion Harris, 29, and Ashley James, 28, both died from their injuries in the shooting outside the nightclub early Saturday morning.
We’ll update this page as we learn more.
FIRST REPORT (April 21):
Two people killed in a shooting outside a Dayton nightclub early Saturday morning have been identified.
Darion Harris, 29, of Dayton died at the scene and Ashley James, 28, of Dayton died of her injuries at Miami Valley Hospital, according to the Montgomery County Coroner’s Office.
The shooting happened outside Rick’s Jazz Club located in the 1800 block of Lakeview Avenue around 3:40 a.m.
The victims were a couple and had just welcomed a baby boy two months ago, family said at a vigil held Sunday evening.
The victims were found shot inside a blue Ford pickup truck outside the club, said Sgt. Thomas Schloss of the Dayton Police Department.
Police are not releasing if they have any suspects at this time
Anyone with information is urged to call Miami Valley Crime Stoppers at 222-STOP(7867.)
Published: Sunday, April 22, 2018 @ 1:41 PM
— This story has been updated.
Police near Miami University seized at least 16 reportedly fake IDs Friday night.
The Oxford Police Department posted an image on Twitter of the allegedly fraudulent IDs.
“We didn’t get invited to any parties so we went Uptown last night,” the department posted on Twitter. “Thanks to all those that tried to pass Fake IDs to officers last night.”
The tweet had been shared 65 times and liked more than 1,000 times, as of this story’s publication.
We didn't get invited to any parties so we went Uptown last night. Thanks to all those that tried to pass Fake IDs to officers last night. Maine tho 🤷🏻♂️? pic.twitter.com/Ms4jOWqX4U— Oxford Police Dept. (@OxfordOhioPD) April 21, 2018
The IDs appear to be from all over the nation, including Pennsylvania, Florida, Michigan, Illinois, Vermont, Maryland, and Maine. At least one appears to be from Ohio.
Not everyone on Twitter thought the joke was funny.
“Wow, how crappy of you to take something that is probably embarrassing and make a joke out of it,” said another. “Funny how you don’t do that for all of your arrests. What makes you so mean today?”
Chief John Jones said the IDs are “fake and do not contain legitimate information.”
“We made sure not to include someone using a borrowed real ID,” Jones said in an email. “These may have the person’s name on it, but not the correct date of birth, no social security number, a fake address from a different state, and a fake driver’s license number.”
Several individuals were charged with misdemeanor prohibited acts, the chief said.
Police departments across the country have used Twitter and other social media as a humorous outreach tool to build relationships with the community.
“We have found social media to be a great tool for connecting with our community,” Jones said. “We share the good along with the bad and I’ve had so many community members thank me for our use of social media.”
Read more stories:
Published: Monday, April 23, 2018 @ 7:59 AM
— Springfield police are investigating a second recent alleged school threat at Cliff Park High School.
Police were called to the school on Friday after school administrators learned of a possible threatening Facebook status posted by a student, according to a police report.
The student told police the social media post was about smoking marijuana rather than committing violence, according to the report.
Police began their investigation at around 11 a.m. when they spoke to Cliff Park’s director Jeff Waechter.
“Mr. Waechter stated (a student) posted to Facebook ‘If you go to Cliff Park run home (student’s nickname) trynna blow up the school,’” the report says. “Mr. Waechter stated this caused alarm in the school with students and staff. Additionally, at least two students did not come to school on this date because of the post, according to Mr. Waechter.”
Police were able to identify both the student who posted the status and the student who is referred to in the status, according to the police report. The students are family members, according to the report.
The student that is referred to in the status was interviewed at Cliff Park and told police the two were private messaging before the Facebook status was posted.
The student who allegedly posted the status said the post was referencing the smoking of marijuana, according to the report.
“(The student) stated the post was a misunderstanding and that he was trying to tell students they should run because (the other student) was smoking marijuana, and it was going to smell,” the report says.
The student who allegedly posted the Facebook message was arrested and charged with inducing panic, according to the report.