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ATF Clings to Cannabis Gun Rights Restrictions

Cannabis users cannot own or possess firearms under federal law. This is true even in states where cannabis is legal, and even for medical patients. These gun rights are very likely going to be held unconstitutional. But the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nevertheless.

I’ve written pretty extensively on the federal laws that strip cannabis users of gun rights, and link to my older posts below. But the basis is that current federal law prohibits cannabis users from owning firearms. Even in states that legalize cannabis, gun buyers must fill out an ATF 4473 form which asks for a “Yes” or “No” to the following:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Persons who answer “no” when they should have answered “yes” may face felony charges (more on that below). Persons who answer “yes” must be denied a firearm– again, even in states that allow cannabis use.

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