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Old December 18, 2012, 09:58 AM   #46
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,859
Quote:
Originally Posted by nate45
...I don't believe the Federal Justice Department will spend the time and funds to go after individual users, especially in states that have decriminalized it. President Obama has said as much...
I believe that is the current federal policy with regard to the federally unlawful, individual use of marijuana. But I see no reason to believe that policy extends to the weapons violations -- being a prohibited person in possession of a gun and/or making a false statement on a 4473.

Quote:
Originally Posted by Heavy Metal 1
...Dr. prescribes medical MJ and they use it then? No concurrent use of guns and mj, they still have the guns, but may never shoot them again. Any lawyers on the forum care to comment?
If someone in that position retains possession of his guns, he is in violation of 18 USC 922(g)(3) by possessing a gun while being an unlawful user of a controlled substance.

First, under the Controlled Substances Act, marijuana is a Schedule I controlled substance. That means that under federal law it may not be lawfully used or prescribed. So anyone using marijuana is an unlawful user of a controlled substance.

Second, here's how the applicable federal regulation defines "unlawful user" (27 CFR 478.11):
Quote:
Unlawful user of or addicted to any controlled substance. A person who uses a controlled substance and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year....
Third, under 18 USC 922(g)(3):
Quote:
(g) It shall be unlawful for any person—

....

(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));

...

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.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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