Posted on 01/06/2014 10:39:46 AM PST by LouAvul
This was discussed on a gun board re a guy who 1) wanted to buy a firearm and 2) smoked marijuana.
For those who don't know, when you buy a firearm via a licensed dealer, you must fill out a form 4473. On that form is a series of questions that include a question about pot, viz. do you smoke pot. If the answer is yes, then you're disqualified.
Even though Colorado says the drug is legal, the federal government disagrees.
Here's the link and the original post. It took place in Colorado.
http://glocktalk.com/forums/showthread.php?t=1514900
I was at the LGS/shooting range today. (Note: "LGS" means "local gun store".) A guy was in there asking about buying a gun. He asked how he needed to answer the question about illegal drug use if he smokes MJ now that it is legal per state law in CO.
LGS was a little shocked that he was so open about asking. LGS said that if he is a user of MJ he needs to fill out the 4473 that he is an illegal user of drugs. He then proceeded to argue that MJ was legal by state law and the 4473 asked about "illegal drug use". The LGS said it is a federal form and still against federal law.
He then said he would fill the form out saying wasnt and illegal user. LGS won though, and said regardless of how he fills the form out, they have reason to believe he is a prohibited person and they wouldn't sell him a gun. Then they asked him to leave the store.
I suspect there are going to be a ton of unintended consequences re the legalization of marijuana at the local level. But time will tell if making it legal is an ok thing or if it's going to be a horrendous mistake.
I’d rather be around an armed pothead than an armed drunk.
Frog in a pot said, “Is it possible by “appropriately” you suggest that the applicant lie to the feds in a sworn statement?”
Since the question on the form requires you to violate your Fifth Amendment Rights then arguably it sets up a possible defense to a claim of perjury on that form. Since you have two protected rights involved the form is defective for asking the person to admit to a crime and infringing on the right to keep and bear arms.
Haynes v. United States, 390 U.S. 85 (1968)
“A proper claim of the privilege against self-incrimination provides a full defense to prosecutions either for failure to register under § 5841 or for possession of an unregistered firearm under § 5851. Pp. 390 U. S. 95-100.”
Give a drunk a gun and he'll go out and shoot someone. Give a stonner a gun and he'll take it apart and lose half the pieces.
The government always wants too much information. Just lie.
I’m a Native American. I was born here.
Knowing you as I do, I would be surprised if you did. Because then all they would have to do is trace the applicant's retail purchase to the falsified statement and detain her somewhere in a camp.
Like it or not, the Feds use commerce and taxation to regulate firearms and drugs. So far, it's constitutional.
By federal standards, alcohol is legal. Hell, prescription pain medication is legal when prescribed, and there’s an enormous epidemic of illegal pain medication abuse in this country, yet none of those addicts would be lying on a 4473.
Lost all my grass in a boating accident. Unfortunately all my weapons were also lost.
Yeah, Haynes was “fixed” by the GCA of 1968. Now, there is no defense against either, failing to register nor possession of (and we are talking about NFA weapons, mind you, not non NFA arms).
“Recreational” happy smoke has its consequences. LOL!
Just because SCOTUS has tortured those concepts beyond recognition doesn’t mean it’s right. If more people stood up to that kind of crap it could be curtailed. Instead, folks have no problem with the feds banning stuff they don’t like.
Here’s another one. Apparently it is legal in my state, KY, to buy and sell guns between private parties all you want without any sort of registration, etc. However, If you do, you are violating FEDERAL LAW and if they ever did get into your house and find such guns, you could be in a world of hurt.
If they ever felt motivated to do that.
That there is just damned funny!
Thank for qualifying your response. Without looking at the case you cited, I would say the privilege against self-incrimination is a hell of a lot more established than the 2d's right to bear (buy, own, etc.) firearms. We can look at the 5/4 USSC to see how fragile is the latter.
Don't know about you, but most of us do not have the money or time to test the proposition at the highest court.
“Right. Wonder if the feds have a way of tracking retail purchase of mj?”
A lot would depend on if you use cash or the debit card.
Private sales are legal in Florida, as they should be. The burden of proof would be on the Fedguv to show that your guns aren’t yours.
Yep. So-called conservatives seem to care about the constitution only when it suits them.
The LGS is correct, but I bet they get sued anyway.
So you lie. What’s the big deal? It’s just a government form.
Medical marijuana falls under the protection of HIPPA. In Colorado pot is recreational. The feds can access those accounts.
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