Prohibited person posto facto question.

[sreiter]

I read a statement from ATF Assistant Director Arthur Herbert RE: CO new pot law that reads

"Any person,who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is ... prohibited by Federal law from possessing firearms or ammunition."

the Law reads

It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person...

Possess and purchase (etc.) are two different things. So if one purchased a gun years ago, and later been discharged from the Armed Forces under dishonorable conditions, or became a drug user, what law states one must turn their guns in?

[RickD427]

I read a statement from ATF Assistant Director Arthur Herbert RE: CO new pot law that reads

"Any person,who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is ... prohibited by Federal law from possessing firearms or ammunition."

the Law reads

It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person...

Possess and purchase (etc.) are two different things. So if one purchased a gun years ago, and later been discharged from the Armed Forces under dishonorable conditions, or became a drug user, what law states one must turn their guns in?

Sir,

You're quoting from the wrong portion of Title 18, U.S. Code, Section 922. It's a very long section. Here is the pertinent portion of section 922 applicable to drug users and persons dishonorably discharged from the military:

(g)It shall be unlawful for any person—

(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2)who is a fugitive from justice;

(3)who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4)who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5)who, being an alien—
(A)is illegally or unlawfully in the United States; or

(B)except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6)who has been discharged from the Armed Forces under dishonorable conditions;

(7)who, having been a citizen of the United States, has renounced his citizenship;

(8)who is subject to a court order that—
(A)was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B)restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)
(i)includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9)who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The law doesn't include a specific provision requiring you to turn in your weapons. It simply imposes a felony penalty if you possess firearms while being a drug user. It's your choice how you cease the possession of your weapons.

[sreiter]

thanks RickD

[Lone_Gunman]

Sir,

You're quoting from the wrong portion of Title 18, U.S. Code, Section 922. It's a very long section. Here is the pertinent portion of section 922 applicable to drug users and persons dishonorably discharged from the military:

(g)It shall be unlawful for any person—

(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2)who is a fugitive from justice;

(3)who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4)who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5)who, being an alien—
(A)is illegally or unlawfully in the United States; or

(B)except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6)who has been discharged from the Armed Forces under dishonorable conditions;

(7)who, having been a citizen of the United States, has renounced his citizenship;

(8)who is subject to a court order that—
(A)was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B)restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)
(i)includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9)who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The law doesn't include a specific provision requiring you to turn in your weapons. It simply imposes a felony penalty if you possess firearms while being a drug user. It's your choice how you cease the possession of your weapons.

Where does it ban possession? I read it as shipping or receiving, not possessing.

[POLICESTATE]

Ownership prior to becoming a prohibited person? Ex post facto does not apply. They will seize your guns if they find out you have them and you are a prohibited person. This is already occurring here in California, was in the news recently and there were a few threads on CGN about it.

I don't recall where now of course, so much churn on here.

I don't know exactly which laws and regulations apply, it doesn't really matter anymore anyway since the powers-that-be more or less do whatever they like now.

[RickD427]

Where does it ban possession? I read it as shipping or receiving, not possessing.

Look in the last paragraph of the section. It's the eleventh word in that paragraph.

[Lone_Gunman]

Look in the last paragraph of the section. It's the eleventh word in that paragraph.

Yeah, I just saw that. Chalk it up to seeing what I wanted to see.

[RickD427]

Yeah, I just saw that. Chalk it up to seeing what I wanted to see.

Sir,

I understand. 922 is a hellaciously long section and its really hard to follow. I would really be grateful is someone would pass a law requiring all new laws be limited to 50 words.

[Lone_Gunman]

Sir,

I understand. 922 is a hellaciously long section and its really hard to follow. I would really be grateful is someone would pass a law requiring all new laws be limited to 50 words.

Now that's a law I could support. Our freedoms are drowning in an ocean of words that are too numerous for any one man to read.

[SOAR79]

Sir,

I understand. 922 is a hellaciously long section and its really hard to follow. I would really be grateful is someone would pass a law requiring all new laws be limited to 50 words.

great idea!