Lautenburg Amendment. Misdemeanor domestic violence.
Thanks for your response, which I mostly agree with. The only area of disagreement would be with gun-related misdemeanors. The problem here is where a gun-related felony gets plea bargained down to a misdemeanor. In this case, the perp should be put on the prohibited list.
The articles own footnote (#24) contradicts what the site's lawyers have written in the article.
The footnote states:
24.A federal regulation issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) defines unlawful user of or addicted to any controlled substance and states An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. 27 C.F.R. § 478.11. ⤴︎
Alcohol is NOT a "controlled substance."
The Controlled Substances Act of 1970 (CSA) breaks down what is a controlled substance:
Schedule I These substances have no accepted medical use, are unsafe, and hold a high potential for abuse. Examples include heroin, LSD, marijuana, peyote, and ecstasy.
Schedule II These narcotics and stimulants have a high potential for abuse and engender severe psychological or physical dependence. Examples include Dilaudid, hydrocodone, methadone, Demerol, OxyContin, Percocet, morphine, opium, codeine, amphetamine (Dexedrine, Adderall), and methamphetamine
Schedule III These are substances that have less potential for abuse but can still lead to moderate or low physical dependence and high psychological dependence. They include Tylenol with Codeine, Suboxone, ketamine, and anabolic steroids.
Schedule IV These ubstances have a lower potential for abuse than Schedule III drugs, and include Xanax, Soma, Klonopin, Valium, Ativan, Versed, Restoril, and Halcion. Schedule V These are primarily preparations that contain limited quantities of narcotics, including cough syrups that contain codeine.
What the liberals are doing is attempting to open the door so wide that almost ANYONE can be barred from owning firearms.
Did your wife ever say you drank too much during a party? Well, your an "alcoholic", that's a "controlled substance", and your 2nd Amendment rights are junked.
Did you ever take a sleeping pill? Sorry, give me your guns.
Did you ever talk to a counselor? For anything? You're "mentally ill."
Pretty soon, this country will adopt the Chinese Social Credit Score model.
Did you tweet the "wrong thing?" Did you state "racist views?" Did your read that article supporting "white nationalism?" Are you a "religious extremist?" Have you ever posted "hateful thoughts?"
A SWAT team is headed to your house. Good luck.
That first one - go check the Lautenberg Amendment. Convicted of domestic violence or any misdeameanor carrying a sentence of six months and one day or more and you lose your RKBA permanently.