Your cart is empty
Gun owners need to be vigilant about marijuana use and understanding the law.
You are about to celebrate that next leap in life, not realizing that a very innocent decision could be life changing. You are getting married, the big promotion, graduation, whatever it may be. To celebrate you are getting the boys/girls together for a fun weekend trip. Where are you going? Vegas for a bachelor’s/bachelorette party weekend? Los Angeles for the beaches/bars? Boulder for some skiing?
It may seem like innocent marijuana use, but not if you want to own a firearm.
Recently The issue of Hunter Biden and his 4473 form has generated significant political and legal debate. The ATF Form 4473 is the paperwork that must be filled out when someone purchases a firearm from a federally licensed dealer in the United States. It includes several questions about the buyer’s eligibility, such as whether the buyer is a convicted felon or an unlawful user of controlled substances. Lying on this form is a federal offense, which could result in criminal penalties.
Bills such as the NICS Denial Notification Act and others are working to expand background checks. To make those checks mandatory for every purchase. Then, to make prosecution mandatory for willful omissions or “lie to buy” answers on the Firearms Transaction Record background check ATF Form 4473.
You’re thinking, “Wait, what? How do these two relate?” Well, Question 21, subsection (f) which reads verbatim: “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.”
In October 2018, Hunter Biden purchased a firearm and allegedly answered “no” to the question asking whether he was an unlawful user of, or addicted to, any controlled substances. At the time, Biden has publicly acknowledged struggling with addiction, particularly to crack cocaine. This discrepancy has led to accusations that he lied on the form, which would be a violation of federal law.
So you go to that dispensary and your ID is scanned. You register at the Cannabis Ski resort. Maybe, you pick up a Rx card while at the beach. Then you come home and decide you would now like to pick up that pistol or hunting rifle you’ve been eyeing. You reach that question, 21(f), and innocently answer NO.
Guess what? You just committed a felony or possibly felonies. You lied on a federal form, you purchased a firearm illegally, and you now possess that firearm illegally. From a legal standpoint, this issue and the Hunter Biden case underscores the importance of being truthful on the ATF Form 4473, as lying on this document carries serious consequences, even if the person does not use the firearm in a crime.
Now you should always discuss any legal ramifications of your actions with a lawyer, but what’s without question is that it is illegal to smoke (use) marijuana and answer “No” on the 4473 to purchase and/or own firearms under federal law.
Regardless of where you live, smoking or possessing marijuana is illegal federally. So what is broad in this language is what constitutes a “user?” Daily use? A day ago? Just one time a month ago? Is there a limit?
As I’ve heard countless times in the courtroom from prosecutors, “You steal once, you’re a thief for life. And if you smoke once you’re a user for life.” So, you have some fun for one weekend, but the problem is you created what’s called “direct proof” or the actual written existence that you have purchased and therefore most likely used marijuana.
Don’t take this as a suggestion to purchase marijuana on the streets instead. It’s a warning that we must stay vigilant, because there are always paths to gun confiscation and criminalization of good people if you’re not careful. Get your highs from the hunt, the shooting range, the competition and be careful out there.
Gerard Kardonsky
FFL
Attorney at Law
Updated 09/27/2024
See original article at
Marijuana Use Potentially A Problem For Gun Owners | Hook & Barrel Magazine (hookandbarrel.com)