Armed Polite Society
Main Forums => Politics => Topic started by: zxcvbob on June 18, 2021, 01:35:35 PM
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https://www.kimt.com/content/news/Medical-marijuana-patients-in-Minnesota-seek-gun-rights-574661721.html
Does marijuana use (but not a felony conviction yet) prohibit possession of a firearm? Or just transfers/purchases from an FFL? Since I don't use the stuff I don't keep up with all the nuance, but I thought the question on the 4473 form was the only problem; if you buy from a private party or owned the guns before you started using, or inherit them and don't have to go thru a FFL, you're okay to possess them.
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https://www.law.cornell.edu/uscode/text/18/922
(g)It shall be unlawful for any person—
[snip]
(3)who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
[snip]
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
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https://www.law.cornell.edu/uscode/text/18/922
Thank you. But is "possess in or affecting commerce" the same thing as private possession? I don't think it is but I wouldn't want to be the testcase, especially after Wickard v. Filburn
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My neighbor the gunsmith, who does long gun FFL transfers say a lot of his younger customers are surprised when they check the 4473 question about controlled substance and are subsequently denied. Pot being legal in Washington notwithstanding.
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Thank you. But is "possess in or affecting commerce" the same thing as private possession? I don't think it is but I wouldn't want to be the testcase, especially after Wickard v. Filburn
That is the same wording that prohibits felons from owning guns (among other things), so yes, it is the same thing. "Possess in or affecting commerce" are just weasel words to try to put a constitutional luster on an unconstitutional law.
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Thank you. But is "possess in or affecting commerce" the same thing as private possession? I don't think it is but I wouldn't want to be the testcase, especially after Wickard v. Filburn
The key phrase is "who is an unlawful user of or addicted to any controlled substance ... "
Regardless of what the state's laws might say, cannabis is still an illegal ("controlled") substance under federal law, therefore anyone who uses it is automatically prohibited from firearms possession under federal law.
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The key phrase is "who is an unlawful user of or addicted to any controlled substance ... "
Regardless of what the state's laws might say, cannabis is still an illegal ("controlled") substance under federal law, therefore anyone who uses it is automatically prohibited from firearms possession under federal law.
This. A lot of people don't like it, but it's the law.