SIMPSONVILLE, Ky. — The constitutional right to bear arms is the business of Ops Supply, and with every sale comes a federal form from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
"From start to finish, the day one that you open your doors, you keep all that paperwork," owner Aaron Reed said.
However, on January 1, when Kentucky's medical cannabis program officially starts, filling out ATF Form 4473 will get much trickier.
Question 21f will end any gun sale if the "yes" box is checked. It reads, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
For now, it doesn't matter if a gun buyer or owner resides in a state where marijuana was legalized.
"The use or possession of marijuana remains unlawful under federal law," Special Agent in Charge Shawn Morrow of the ATF Louisville Field Division reminded everyone.
That warning also comes with question 21f on Form 4473.
"Individuals who use marijuana, whether or not they have a medical card in Kentucky or any other state, it's still unlawful under federal law to possess a firearm," Morrow said.
Yes, that applies to not just buying a gun, but also owning a gun.
"I'm not a pro or negative marijuana guy, but I am a pro Second Amendment," Reed said. "I feel this could be something that could potentially deny American citizens the right to their Second Amendment."
When asked if he's ever seen anyone check "yes" on the form, admitting marijuana use, store general manager Truman Kilburn said, "I had not actually."
Both he and Reed say it's likely folks, with respect to marijuana, are lying on the form.
"There is a high probability," Reed said. "Probably the most lied about, if I had to guess."
Lying on Form 4473 is punishable by up to 15 years in prison and/or up to a $250,000 fine.
"I want to be clear that individuals should not falsify a 4473," Morrow warned.
However, he admits there is no mechanism in place to raise a red flag for the ATF if a gun buyer has lied on the marijuana question at the point of sale.
"Currently, that would not occur absent of criminal history," Morrow said.
As far as going after marijuana users who buy or own guns, Morrow said the ATF's priority is targeting those who have committed violent crimes.
"Individuals who pull the trigger to hurt others in the community, individuals that use guns to protect their drug trade, gang crimes, robberies, those type of things," he said.
Kilburn said he won't ask a customer to present a state-issued medical marijuana card; it wouldn't matter anyway.
However, Ops Supply won't sell a gun to someone who smells of marijuana. The same goes for someone with the smell of alcohol.
He expects once medical marijuana sales start in Kentucky, many more will take their chances on Form 4473.
"If they still want their firearms through a firearms FFL (Federal Firearms License), then yes, they'll have to, yeah, if they answer truthfully, then they can't get them through us," Kilburn said.
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