Hashish customers can not personal or possess firearms below federal legislation. That is true even in states the place hashish is authorized, and even for medical sufferers. These gun rights are very possible going to be held unconstitutional. However the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nonetheless.
I’ve written fairly extensively on the federal legal guidelines that strip hashish customers of gun rights, and hyperlink to my older posts beneath. However the foundation is that current federal law prohibits hashish customers from proudly owning firearms. Even in states that legalize hashish, gun consumers should fill out an ATF 4473 kind which asks for a “Sure” or “No” to the next:
Are you an illegal consumer of, or hooked on, marijuana or any depressant, stimulant, narcotic drug, or every other managed substance?
Warning: The use or possession of marijuana stays illegal below Federal legislation no matter whether or not it has been legalized or decriminalized for medicinal or leisure functions within the state the place you reside.
Individuals who reply “no” when they need to have answered “sure” could face felony fees (extra on that beneath). Individuals who reply “sure” should be denied a firearm– once more, even in states that enable hashish use. A federal firearm license (FFL) holder that sells a firearm to such an individual dangers lack of license and even potential prosecution – because the ATF reminded FFL holders in Michigan when Michigan legalized leisure hashish in 2020.
Within the years since 2020, nonetheless, loads of issues have modified. For one, in 2022, the U.S. Supreme Courtroom determined New York State Rifle & Pistol Association, Inc. v. Bruen, dramatically altering the take a look at that courts should use to guage gun rights restrictions. Within the wake of Bruen, a federal court docket circuit cut up is brewing. Since I’ve written about that at size, I received’t re-analyze it right here. I’ll say, nonetheless, that I consider that federal gun rights for hashish customers can be held unconstitutional.
However, ATF is seemingly digging its heels in. Proper after Minnesota legalized leisure hashish, the ATF’s St. Paul discipline workplace dropped a news release that lightly reminds Minnesotans that they’ll’t have each hashish rights and gun rights. In the meanwhile, that can stay the legislation. Till sufficient courts declare these restrictions unconstitutional, the ATF is not going to enable FFL holders to promote hashish customers weapons. And federal authorities will prosecute hashish customers who personal weapons.
One different fascinating improvement that would have an affect on this problem bears point out. As famous, misrepresentations on the ATF 4473 can result in felony fees. The federal authorities is reportedly investigating President Biden’s son, Hunter Biden, for allegedly answering “no” to the above query when he was utilizing managed substances. Attorneys for Hunter Biden have famous that if charged, Hunter would problem the constitutionality of those restrictions below the Second Modification. So whereas there are ample pending challenges already working themselves by way of the federal judiciary, we may even see one more, extremely publicized case within the coming months or years.
In case you are involved in further posts on hashish and gun rights, please try a few of my older posts beneath. And naturally, keep tuned to the Canna Law Blog for extra particulars.