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e. 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.
This is reminisce of the 1937 Marijuana Tax Act, which was ruled unconstitutional because it violated the 5th amendment.
This statement forces the applicant to incriminate themselves.
Also, in 2014 congress passed their federal spending measures, tucked away in this measure is a provision that effectively ends the federal government's prohibition on medical marijuana. Under the provision, states where medical pot is legal would no longer need to worry about federal drug agents raiding retail operations. Agents would be prohibited from doing so.
Marijuana users have been answering that question "No" for years, getting their guns and moving on with their lives.
Yes they have. But lying on form 4473 is a felony punishable by up to five years in prison. Committing a felony to purchase a firearm? Yeah good move bub (not you shorman).
FWIW, I'm split on the issue of MMJ but for the time being it is a federal offense.
Remember when the Obama admin and the Dems/Left pushed for having your medical records used in purchasing a gun? Well here is one of the reasons why. Once you are prescribed MJ it's in your records. BOOM, no gun for you. You won't even be able to lie about it because they will see it's a lie then they got you on that too.
This is one of the strangest contradictions of law in this country, in the history of U.S. jurisprudence.
Why do the Federal courts so carefully avoid deciding that Federal law should supersede state law in these cases?
Are they afraid that the conclusion will be that the Fed govt has no authority to ban or regulate drugs, and so the Federal law against marijuana is null and void, and the states can go ahead and make their own laws about it all they want?
That decision would be one of the most earth-shaking in the history of the Union. Deciding that a lack of authorization in the Constitution, is sufficient to throw out a Federal law, would jerk the rug out from under nearly all of modern liberalism.
Yet what other conclusion could there possibly be?
Who can blame the Federal establishment from shying away from such a case?
Yes they have. But lying on form 4473 is a felony punishable by up to five years in prison. Committing a felony to purchase a firearm? Yeah good move bub (not you shorman).
FWIW, I'm split on the issue of MMJ but for the time being it is a federal offense.
Like removing a mattress tag though, the odds of getting caught are practically nil. To prove you lied, the feds would need evidence that you had used marijuana at the time the form was completed. Since no retroactive drug tests exist that can nail down a specific date of usage it is pretty much impossible to convict unless someone admits to lying. Sometimes when dealing with overactive government regulations you just do what you need to do.
<>The court ruled 3-0 on Wednesday that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment<>
A lawsuit was filed in 2011 by Nevada resident S. Rowan Wilson after she tried to purchase a gun for self-defense and was denied based on a federal ban on the sale of guns to users of illegal drugs. <>
Interesting that the person who brought the suit is not a user, just a card holder. How did the gun dealer know? Is it a question on the application and she entreed "yes"?
Anyway, I hope that someone with marijuana in their system would be banned from a number of activities regulated at the federal level, including flying a plane, operating a ship, or driving a truck.
Isn't the salient legal point that marijuana, despite all the flowery love it gets, is still illegal at the federal level?
Maybe the marijuanistas can use this case to conflate two subjects to have guns be made illegal and permit marijuana consumption at the federal level. "A License to Thrill"
This is one of the strangest contradictions of law in this country, in the history of U.S. jurisprudence.
Why do the Federal courts so carefully avoid deciding that Federal law should supersede state law in these cases?
Are they afraid that the conclusion will be that the Fed govt has no authority to ban or regulate drugs, and so the Federal law against marijuana is null and void, and the states can go ahead and make their own laws about it all they want?
That decision would be one of the most earth-shaking in the history of the Union. Deciding that a lack of authorization in the Constitution, is sufficient to throw out a Federal law, would jerk the rug out from under nearly all of modern liberalism.
Yet what other conclusion could there possibly be?
Who can blame the Federal establishment from shying away from such a case?
They WANT it illegal at the Fed level to use it as a hammer, just like they are trying to do here. It was a trick pulled by the Obama admin. Allowing states to legalize while it is illegal federally. Making medical records accessible for buying a gun was the next step. Put those two together and you can't buy a gun. It's the illegality of it at the Fed level that enables them to deny your purchase. It will be used for more than this too, you can bet on that.
Like removing a mattress tag though, the odds of getting caught are practically nil. To prove you lied, the feds would need evidence that you had used marijuana at the time the form was completed. Since no retroactive drug tests exist that can nail down a specific date of usage it is pretty much impossible to convict unless someone admits to lying. Sometimes when dealing with overactive government regulations you just do what you need to do.
They have access to your medical records now. Once prescribed it's in your records. You can't lie about it.
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Wha."
