Liberals are opposed to liberty, but in favor of libertinism. That’s why on subjects potentially related to degeneracy, they seem willing to grant more freedom. For example, despite marijuana remaining a Schedule I drug like heroin or cocaine according to the federal government, many states have been declaring it legal, even for recreational use. But even as Big Government gives with one hand, it takes with the other.
At Moonbattery.com sponsor Ammo.com, Sam Jacobs shares information that any gun owner who uses marijuana — even on a medicinal basis — will find highly interesting:
In 2011, the Bureau of Alcohol, Tobacco and Firearms clarified its stance – it is not legal for anyone who uses any illegal substance to own firearms. This includes marijuana…
The relevant federal law is 18 U.S.C. 922 § (g)(3), which prohibits anyone who uses any controlled substance, as defined by the Controlled Substances Act, from owning firearms.
Federal law preempts state law according to the Constitution’s Supremacy Clause.
[F]ederal appeals courts have upheld bans on medical marijuana users from legally possessing firearms.
To buy a gun from the holder of a Federal Firearms License, you have to fill out an ATF Firearms Transaction Record (Form 4473). Question 21e reads as follows:
Are you 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.
Back to Jacobs:
There are two parts of the law here: First, the question of what will happen to you if the feds show up and you have marijuana and a firearm. The second is the question of what will happen if the feds decide to hit you for lying on your form – a lesser, but still serious charge. Neither situation will play out well for you: The federal penalty for being in possession of a firearm, while also in possession of illegal drugs, is ten years in the federal pen. The federal penalty for lying on your Form 4473 is five years in prison.
It’s worth pointing out that if you’re guilty of one, you’re probably guilty of both, so let’s just call that 15 years.
Denying gun rights to legal marijuana users is particularly cruel when you consider that “it is disproportionately seniors and the ill who are using medical marijuana.” These are the people who most need to be able to defend themselves.
States have adopted varying positions on this issue. But in the end, it isn’t up to the states. If you own a gun and use marijuana, you are committing a federal crime. Prosecution seems unlikely for now, but you never know. The Feds may find it useful to have a legal pretext if they ever want to throw you in jail.
For more information, read the whole piece — and as always, stock up on discount ammunition while you are there.