Guns for Everyone, a Colorado-based organization that advocates for gun ownership, is hoping that the second time's a charm in attempting to remove marijuana from the "unlawful use" category on concealed handgun permit applications. The organization attempted a similar ballot push in 2016 but failed to gather enough signatures, and Guns for Everyone had to resubmit the 2024 ballot initiative after an initial rejection by the Colorado Legislative Council.
After the original language was rejected as too broad, Edgar Antillon, co-founder of Guns for Everyone, said he would resubmit the initiative. After reworking the language and going through an approval hearing before the Title Board on March 6, Antillon says his revisions were approved, and he and his team are now preparing to gather the 124,238 signatures required to get the measure on the November 2024 ballot.
According to the Legislative Council, which reviews proposed statewide ballot initiatives to make sure they comply with state regulations, the first draft of the measure would have removed other areas of unlawful use from the application and would have allowed people who have been convicted of domestic violence crimes, use other controlled substances, were dishonorably discharged from the military, are in in the country illegally or have been "adjudicated as a mental defective" to obtain concealed-carry permits.
That was never the intention of the proposal, according to Antillon, who says that many of his members have to pick between firearm ownership and medical marijuana. Now that it's time to collect signatures, he says, teaching potential voters about the initiative is the most important step.
"One major thing we learned from last time is that educating the public on the issue is one of the most difficult things to do. There's a lot of people who might think this initiative would allow others to be high and use guns, but that's not the case," he says, pointing to a state law outlawing firearm possession while under the influence of drugs or alcohol.
Guns for Everyone has until August 5 to gather enough signatures to make the 2024 ballot. Antillon says he will be focusing on rural areas, but notes that Denver hosts several events fitting his demographic, too.
"We have a corps of volunteers who are going to attend the gun events and marijuana events," he says. "We can't forget places like Durango, Rifle and the smaller cities and towns. but we're somewhat fortunate in the Denver area. We have the annual 4/20 event and the Tanner Gun Show, and we'll be in the Red Rocks parking lots gathering signatures, too."
Federal Prohibition vs. State Legalization
Colorado doesn't require firearm owners to register guns, but it does require registration for concealed-carry permits — and the registration application includes questions about federally unlawful activities. At the federal level, all marijuana users are technically banned from gun ownership because of a question on the ATF firearm ownership form that asks gun owners if they use illegal drugs.Conveniently forgetting about past marijuana use when signing that form could lead to legal trouble down the road, but it's a common tactic for gun owners who recreationally consume pot. Licensed medical marijuana patients, who are recorded in state databases, aren't able to exist in that gray area, however, and registered marijuana business owners are at risk of further investigation, as well.
Antillon would like to see federal marijuana reform clear that up, but admits that marijuana-using gun owners currently live in a "gray area with the federal government and the Tenth Amendment."
Marijuana's impact on gun ownership has become a growing national issue as more states legalize the plant. Last year a judge with the 10th Circuit Court of Appeals, the federal district in which Colorado is located, ruled that the federal gun ownership ban for cannabis users was unconstitutional and violates Second Amendment rights. The feds are expected to challenge the ruling, however; in the meantime, the Justice Department continues to uphold the ban, arguing that marijuana users with guns are a danger to society and "unlikely" to store their firearms safely.
