ATF form 4473

[Frank Ettin]

not too far off the post's point is the "illegal user of ... marijuana... " question for those who have state "medical MJ" cards. , since it is a Federal form and federally it is a title 2 substance then.... ? Local gunshops use the "don't ask don't tell" policy in Ca. as the DOJ does not cross reference it (about the only thing they do NOT cross reference ) and unless the applicant is so stoned they try to use the card for the required 2nd form of state ID they proceed with the DROS. To me this is ultimate in BS in selective enforcement, irregardless of my position on pot.

You've made some inaccurate statements.

First, the issue has nothing to do with the fact that the 4473 is a federal form. It has to do with the fact that under federal law possession or use of marijuana is illegal, even if legal under State law; and federal law preempts state law.

Second, marijuana is a Schedule I controlled substance under the federal Controlled Substances Act. That makes it illegal to prescribe, use or possess.

Third, since any user of marijuana is, under federal law, an illegal user of a controlled substance, even if legal under state law, he is prohibited from possessing a gun or ammunition (18 USC 922(g)(3)).

Fourth, we are not discussing marijuana laws in this thread. The topic has been well covered on THR, including here, here, here, here, here, and here.

 

[danez71]

Frank does a real good job but I felt his reply was a bit cold and terse.

Laws aren't warm and cuddly.

Frank's replies are appropriate in context.


If you want Frank in a different context... it's not that hard.

 

[barnbwt]

It's about what the defendant could have been sentenced to. If he could not have been sentenced to, say, more than one year at that time, then the rule would not apply

Unless it's DV, of course, in which case a previously minorish misdemeanor is now a disqualifier with felony consequences (different 4473, but the same point about unforeseen/unforeseeable consequences)

TCB

 

[easy]

Wow, talk about hard headed! COULD have. Some folks just don't understand the English language.