4473 and addiction to depressant question

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HEAVY METAL 1

HEAVY METAL 1

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Since alcohol is a depressant and the disease of alcoholism is an addiction, if an alcoholic answers "NO" to the question on the form that person is guilty of lying on the form.

Convince me differently.
 
https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download

The form question is pretty clear that unlawful use or addiction is the context. Thus, alcohol which is not illegal (federally) does not qualify. They are also clearly contextualizing this as controlled substance addiction. So an alcoholic would not be lying on the form to this question. That's my non-lawyer opinion.


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.
 
Not all controlled substances are illegal though. Schedule I substances are. Schedule II-IV are not. A person could have those legally through a Dr.s prescription. And a person could be addicted to said substance. The operative "OR" is what set me to wondering about alcohol since the wording states "or any depressant or any other controlled substance." The entire clause is still cloudy to me.
Luckily for me the strongest thing I partake of is stout black coffee.
 
HEAVY METAL 1 said:
Convince me differently.
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Bureau of Alcohol, Tobacco, Firearms and Explosives, was founded more than 50 years ago and has gone so far as to classify sliding plastic and even strings to be machineguns and you don’t think they would have already made the conclusion you have come to, if they could?

The NFA was even passed just months after the 18th Amendment was repealed and alcohol (again) became legal to have in the USA.

The ostensible impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era…
Click to expand...

So it’s not like any discussion between the two items has never taken place before.
 
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From page five of the Form 4473 https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download

Questions 21.d. - 21.n. Prohibited Persons: Generally, 18 U.S.C. § 922(g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a felony in any Federal, including a general court-martial, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year; is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the Armed Forces under dishonorable conditions; is subject to certain restraining orders; convicted of a misdemeanor crime of domestic violence under Federal, including a general court-martial, State or Tribal law; has renounced his/her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa. Furthermore, 18 U.S.C. § 922(n) prohibits the shipment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, including a general court-martial, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.
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Note that it states. "or any other controlled substance" which includes Schedule II - IV which are legal to possess with a doctor's prescription. Now as long as you are NOT addicted to prescribed medication then you are fine. As others have said, alcohol is not a controlled substance. Being an alcoholic does not prevent you from purchasing or possessing firearms per federal law. What a FFL does if/when a known habitual drunk comes in to buy a firearm is on the FFL. Back when I had my FFL, I would not sell to someone that came in smelling of alcohol or visibly intoxicated. But that was my choice. And being a pawn broker (Type II FFL) I had all kinds of customers come in drunk or high on drugs.
 
The ATF could re-interpret what is on 4473 to mean whatever they want it to mean.

They could make the case that alcohol is a controlled substance based on the fact that it is taxed and regulated by the federal government. That argue would have at least as much legal merit as the decision to reclassify braces as stocks.
 
Balrog said:
The ATF could re-interpret what is on 4473 to mean whatever they want it to mean.

They could make the case that alcohol is a controlled substance based on the fact that it is taxed and regulated by the federal government. That argue would have at least as much legal merit as the decision to reclassify braces as stocks.
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The BATF does not d=have the power to define alcohol as a controlled substance.
 
The language contained of the Form 4473 does not define the law. The law is defined in statute, and is summarized on the Form 4473.

The cited language from the Form 4473 summarizes the text of 18USC922(g). To determine if a person, who is addicted to alcohol, is prohibited, we do not look to Form 4473 for the answer. We look to 18USC922(g).

Having done so, there does not appear to be any such prohibition.
 
The interesting thing is whether Bruen will void some restrictions such as marijuana.
 
GEM said:
The interesting thing is whether Bruen will void some restrictions such as marijuana.
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The Feds should legalize it and bring in the tax dollars but they wont. The liquor lobby is to strong and in charge. Before those that are against it start their tirade do some real homework. Take a look at the true numbers of alcohol related deaths. Just like alcohol if not abused it's not a problem. Of course alcohol is accepted because the government says it is...For the record I don't do either one but that's my choice. Carry on...
 
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