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To: Macho MAGA Man

Not really a 2A issue. Nobody has the Constitutional right to lie on Federal Form 4473, and it’s stated on the form that it’s a felony to do so.


6 posted on 06/11/2024 10:49:28 AM PDT by Roadrunner383
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To: Roadrunner383
Nobody has the Constitutional right to lie on Federal Form 4473, and it’s stated on the form that it’s a felony to do so.

If the underlying prohibition (possession of a firearm by someone who uses illegal intoxicating drugs) is found to be unconstitutional, there is an argument the requirement for the form was unconstitutional.

9 posted on 06/11/2024 10:57:27 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Roadrunner383; marktwain
Not really a 2A issue. Nobody has the Constitutional right to lie on Federal Form 4473, and it’s stated on the form that it’s a felony to do so.

It's a conundrum.

On the one hand, the second amendment is clear:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The right of the people to keep and bear arms shall not be infringed. That question can be seen as a screen to keep drug users from keeping and bearing arms -- clearly an infringement.

However, there is also Article I Section 8 Clause 16:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The 2A term "well regulated" most likely refers to the tasks laid out in Article I Section 8 Clause 16 "organizing, arming, and disciplining... and training" the militia to be ready to be "employed in the Service of the United States" because Article I Section 8 predates the ratification of the second amendment and Congress was already familiar with the Section 8 powers when they crafted the second amendment.

Combining this with 2A, a federal court could interpret both together to suggest that the question of drug use on the federal form is not intended to keep guns away from drug users, but to inform the federal government of members of the militia who meet the level of "well regulated" if needed to be called into national service.

Someone like Hunter Biden would have been clearly rejected as not being a "well regulated" member of the militia and would not have been called into service due to being an unreliable member of the militia, despite possessing his own arms.

By this reading, failing to check the box on the federal form can be lying to the federal government while also withstanding the 2A infringement argument.

-PJ

15 posted on 06/11/2024 11:12:42 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Roadrunner383
Nobody has the Constitutional right to lie on Federal Form 4473, and it’s stated on the form that it’s a felony to do so.

The 4473 shouldn't even be required.

18 posted on 06/11/2024 11:21:31 AM PDT by Hot Tabasco
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