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Old 10-03-2012, 7:18 AM
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Horton Fenty Horton Fenty is offline
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Originally Posted by ak_in_ca View Post
"The memo was authored by Arthur Herbert, Assistant Director for Enforcement Programs and Services for the Bureau of Alcohol, Tobacco & Firearms (ATF). Herbert said he wrote the memo after receiving "a number of inquiries about the use of marijuana for medical purposes, and its applicability to federal firearms laws."

Herbert cited the section of the federal criminal code that prohibits anyone who is "an unlawful user of or addicted to any controlled substance" from possessing firearms. He reminded firearms dealers that they cannot legally sell guns to people they have reasonable cause to believe are illegal drug users or addicts and wrote that anyone presenting a medical marijuana registration card is providing reasonable cause for the dealer to believe they are illegal drug users or addicts.

Despite the Obama administration's 2009 Justice Department memo famously vowing not to go after patients and providers in compliance with state laws, the federal government has never wavered from its stance that, despite state medical marijuana laws, marijuana remains a Schedule I controlled substance.

"Any person who uses or is addicted to marijuana, regardless of whether or not his or her state has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or is addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition," Herbert wrote.

While the federal gun law is not new, its restatement with specific reference to medical marijuana patients is, and that has advocates concerned."

You can do your own google research if you would like. YOU KNOW THE QUESTION ON A 4473 Regarding habitual user of narcotics?
All true.

The thing is what pot smoker....or drunk, or any other kind of addict is going to check yes on the form? Especially when one considers the question and notes it is worded as an "unlawful" user.

Last edited by Horton Fenty; 10-03-2012 at 7:21 AM..