A Virginia Beach man faces multiple charges including accusations that he provided false information about his marijuana usage when purchasing firearms.
The WTKR News 3 Investigative Team has previously looked into this issue.
Jose Tiburcio was arrested by Virginia Beach Police on charges of abduction, brandishing a firearm, several drug charges, and allegedly providing incorrect information during gun purchases. Police released a photo from their investigation that led to his arrest.
Police said officers from the Third Precinct led an investigation that resulted in the recovery of several firearms, marijuana packaged for distribution, THC cartridges, and hallucinogenic mushrooms in October.
They said what began as a proactive follow-up by patrol quickly grew into a coordinated effort between the precincts, the Crime Suppression Squad (CSS), and their SWAT team to safely execute multiple warrants.
Police say the 28-year-old Virginia Beach man was arrested and charged with the following: Abduction, use of a firearm in the commission of a felony, brandishing a firearm, preventing a victim from calling 91, possession with intent to distribute marijuana, possession with intent to distribute thc oil, possession of hallucinogenic mushrooms, possession of a firearm while in possession of narcotics, and lying on a state form (six counts).
The case brings renewed focus to a federal law that prohibits marijuana users from purchasing firearms from licensed dealers.
Watch related: True Crime 757 discusses Deja Taylor's conviction for lying on form about marijuana when purchasing a gun
When buying a gun, purchasers must complete federal form 4473, which asks: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
Steve Dowdy is the owner of Bob's Gun Store. He said sometimes people don’t realize this law. He said they operate under federal law.
Despite Virginia allowing residents to possess up to an ounce of marijuana and grow up to four plants, federal law still prohibits marijuana users from purchasing firearms from licensed dealers.
This law gained significant attention when prosecutors charged Deja Taylor with the same crime in June 2023. Taylor is the mother of the 6-year-old who shot his teacher in Newport News.
Watch: Deja Taylor sentenced to two years on felony child neglect charge
Jimmy Ellenson, who represented Taylor, criticized the selective enforcement of the law.
"It got me pretty upset because why are you singling her out? It's only because of the things that happened with her son in school so you're just looking for anything to try to get her," Ellenson said.
Ellenson noted that many people may not realize this federal law exists.
"There's so many people that have guns and there's so many people that use marijuana that virtually thousands, millions of people in the United States could be prosecuted under this statute,” Ellenson said.
According to a search warrant, Tiburcio allegedly purchased seven guns between March and August of this year. The warrant states he is allegedly a chronic marijuana user.
Tiburcio's attorney, Joel Kinney said his client is maintaining his innocence and they look forward to trying the case in court to show he is not guilty.
His next court hearing is scheduled for January 30.
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