Following the June 18 U.S. Supreme Court ruling that the statute making it illegal for marijuana users to purchase and own firearms runs afoul of the Second Amendment, the Bureau of Alcohol, Tobacco, Firearms and Explosives has announced it will be issuing new guidance soon on pot users and guns.
The Court affirmed the Fifth Circuit and handed gun owners a real win
In the decision, the Court affirmed the Fifth Circuit Court of Appeals’ ruling that the lifetime ban for marijuana users is unconstitutional and secured a victory for Second Amendment advocates and firearms owners nationwide.
“The government construes §922(g)(3) to automatically ban an individual from possessing a gun from the moment he becomes an unlawful user of any controlled substance and remains in effect until he ceases being one, regardless of what controlled substance an individual uses, in what amounts, whether his drug use has ever made him a danger to himself or others, why he keeps a gun, or how safely he does so,” Justice Neil Gorsuch wrote in the ruling. “The government analogizes its construction of §922(g)(3) to what it calls ‘habitual drunkard’ laws, which it submits enjoy deep roots in the country’s history and are ‘relevantly similar’ to the regulation it wishes to enforce.”
ATF: We’re working on updated guidance
Later that same evening, the ATF made the announcement about updated guidelines.
“On June 18, the Supreme Court issued its decision in United States v. Hemani, addressing the federal prohibition on firearm possession by unlawful users of controlled substances,” the agency wrote in a social media post. “ATF is reviewing the decision and assessing its impact. Additional guidance will be provided soon. For current regulations and upcoming updates, visit atf.gov.”
The ATF is the federal government agency charged with carrying out §922(g)(3), which prohibits people who illegally consume controlled substances from possessing or purchasing firearms — but has now been partially struck down when it comes to cannabis consumers who otherwise show no signs of posing a threat of violence.
The Court called out the federal government’s contradiction on cannabis
In the opinion, the Court wrote that the broad ban — and the federal government’s effort to defend it — are “at odds with” the Trump administration’s move to federally reschedule cannabis. That’s despite the fact that administration attorneys have consistently argued, as they did in this case, that the law appropriately disarms marijuana users who, they claim, are uniquely dangerous.
“[The government] asks us to conclude that anyone who regularly uses marijuana is categorically violent and dangerous without any further showing,” the opinion stated. “All based on little more than its current say-so, one at odds with its own regulatory actions. And affording the government that kind of ‘broad power to designate any group as dangerous and thereby disqualify its members from having a gun’ would risk allowing it to ‘quickly swallow’ the Second Amendment.”
The 4473 form is going to need another revision
TTAG members will remember that the ATF proposed a draft of a new 4473 form back in May. The form’s current language indicates that any use, including legal use of medical marijuana in states where that is permitted, is a federal disqualifier. The draft, however, revises the question to remove references to medical marijuana and focus on recreational marijuana use.
Given the recent Supreme Court ruling and ATF’s soon-to-come guidance, it’s likely the section of the form pertaining to marijuana will have to be revised further.
Ever see a violent stoner!
Me neither.
Dude, I would be maybe but I forgot where I parked my gun.
It’s with the pizza you left on the roof. Haha.
I’m guessing you haven’t spent much time around hood rats.
They smoke up all day and don’t hesitate to beat somebodys ass or pull a weapon to farm their street cred.
This Boomer myth of the peaceful stoner needs to die. You’ve got your DMB fan, sandal wearing middle class, suburban stoners and you’ve got your drill music, stolen Jordans wearing, ghetto stoners. It’s a beautifully diverse tapestry of self medicating losers. Some would kill you for $10 and some wouldn’t.
Of the 30 something shooting victims over the weekend in Chicago I’m willing to put good money down that the majority of the shooters had THC in their system.
I’m fairly sure an old friend (53 years)partakes of the wacky weed on occasion. I haven’t done it for many years as I appreciate having my brain not being impaired. I lived in Chiraq for 6 years & observed the savages even riding the EL at one time. Absolutely gang scum high all the time. It’s drifted south where we live & you have to go far to miss it. Just got another micro 9 yesterday. It sucks but my wife is all in.
And probably a lot of other drugs in their systems as well as booze and whatever , and I bet a lot of them was even smoking tobacco.
How’s this for an idea along with your line of reasoning.
Ban guns because some people with guns commit crimes.
So you agree the magical weed won’t turn them into non-violent reggae aficionados?
That idea is just as stupid as assuming all pot smokers are peaceful.
If I had it my way anyone caught wandering around in public under the influence would be locked up.
Stay home if you want to get loaded or high. It’s bad enough there are so many sober wild cards running around.
If I’m not mistaken, Saint George Floyd had THC in his system when he was resisting arrest right before he overdosed on the fentanyl he was trying to hide from the police.
I rather doubt this is about the pot, it’s far more likely to be about culture.
Somehow I don’t think that gang bangers are going to become nice, cuddly, friendly and civic minded if they stop smoking weed.
I’m sure that makes me racist these days, but it’s my observation from having lived around such people.
yes.
Do those Antifa people look like they don’t smoke pot?
“Ever see a violent stoner!”
Why yes, yes I have. In one of the several defensive gun uses in my life time I shot two of them that attacked me, one with a knife the other with his bong. No, I’m not joking about the bong – one of the guys had a bong made of metal and he was using it as a club in the attack. Both of them reeked of pot.
They were both on the ground after getting hit. Even though they knew they had been shot it actually took a bit for it to fully register they had actually been shot and were bleeding. For one guy, he was so stoned it took a bit for him to fully realize he had been shot and while staring at the concrete it was “What’s… hey is that my blood?” then he looks over at his buddy and said “Hey dude, I’m bleed’n, think I got shot. Hey, I got shot!” then it hits him fully and he looks at me and says “Dude, you shot me! You shot me!” then his buddy got up and ran and collapsed about 15 yards away. Sheriff deputy’s rolled up. Both lived.
And then there is the story of the drunk who killed his wife and kids and lit into his neighbor and fought the cops until the cops shot him..
Bad people do bad things no matter what their drug of choice may be.
Tea time? There have been bad deeds done after someone drank tea also.
But I’m on board with you guys, weeds bad it makes people pick up guns and kill everyone. Well come to think of it maybe if the weed smoker didn’t have a gun it wouldn’t have happened.
I tell you what, just to be safe, let’s just ban guns altogether
because you never quite kno wwhat someone may do with one.
Yeah that’s the answer.
“Bad people do bad things no matter what their drug of choice may be.”
That wasn’t the context. We all know bad people do bad things.
The context was ““Ever see a violent stoner!”
“Ever see a violent stoner!”
Why yes, yes I have. In one of the several defensive gun uses in my life time I shot two of them that attacked me, one with a knife the other with his bong. No, I’m not joking about the bong – one of the guys had a bong made of metal and he was using it as a club in the attack. Both of them reeked of pot.
They were both on the ground after getting hit. Even though they knew they had been shot it actually took a bit for it to fully register they had actually been shot and were bleeding. For one guy, he was so stoned it took a bit for him to fully realize he had been shot and while staring at the concrete it was “What’s… hey is that my blood?” then he looks over at his buddy and said “Hey dude, I’m bleed’n, think I got shot. Hey, I got shot!” then it hits him fully and he looks at me and says “Dude, you shot me! You shot me!” then his buddy got up and ran and collapsed about 15 yards away. Sheriff deputy’s rolled up. Both lived..
Always with the loopholes.
Okay for medical marijuana but not okay for recreational marijuana?
Once again our Supreme Court and our Government prove our constitutional rights are actually privalages handed down by the decisions of the robed ones.
I’m sorry but you’re on the the wrong side of this. I wouldn’t deny #2A to anyone but championing potheads is just wrong
Not all persons that use cannabis are stoners. Not all persons that drink alcohol are drunken sots. Both drugs are similar and must be used with caution. Firearms are most useful when sober. I am sure there is a person that had an alcoholic beverage and then readied their night stand firearm before retiring. Same with cannabis. I am anxious to see if some red flag laws can be eliminated or modified using this new ruling.
Somewhat similar.
What is it about people’s need to characterize everyone who does “this thing” as always “this way”? Lol. Just as most alcohol drinkers are normal, productive citizens, so too are many “stoners”. Notice I didn’t say “all”, because I’m capable of recognizing there are plenty of degenerates out there. Hell, I can even concede that marijuana users are more likely to be of a degenerate or useless nature than your typical boozer. Doesn’t make all, or even the majority, of them like that though…
Well written. Thanks.
Doc, your analogy of “many vs all” is indeed correct. Many on MSM are guilty of saying “all or everyone” knows, agrees or supports certain issues or ideas. Even the MSM journalists don’t appear to realize or acknowledge the difference between “all and many” thus in so doing lead many to accept false conclusions which may result in actions detrimental to the actual issue.
guide it up your ass, clowns