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Yes, that's exactly what already happens. The form in question is ATF 4473 for purchasing a firearm, and it is a federal crime to lie on that form. As far as the ATF is concerned, it does not matter if weed has been legalized in your state or not, or if it's for medicinal purposes or recreational.
As of now, you cannot own a firearm if you are "an unlawful user of, or addicted to" pot or any other banned substance. This has rarely been enforced, and it's hard to bring enough evidence to actually prove it. Were they a user when they bought it? A user an hour later? A month later? How do you even prove that in court?
The few times it's been prosecuted, it's usually one thing in a pile of more serious charges.
If the Supremes rule against it, then it's just the status quo. Nobody can really prove it. There is some reason to think they'll strike this down.
I think the answer lies in the Hunter Biden charges. They can ask the question when purchasing a firearm and then charge with a crime later if they can show that the person lied.
Honestly wouldn't be shocked if they started going after recreational marijuana either. Some big liberal states have legal marijuana.
That's the hard part, and the reason why it doesn't get enforced.
Its not difficult to prove if you have a medicinal cannabis card. Not at all. All your purchases are prescribed and tracked.
Were you using it when you bought the gun? How long ago did you imbibe before then? What even is the time limit? Does your use count as addiction?
Is a federal prosecutor going to bother even pursuing those questions if they have to prove it in front of a judge and jury?
There's so many ways a defense attorney could pick the case apart. They're generally not going to prosecute this as the primary charge.
Yeah, I suppose my point is that it's very difficult to prove in court (especially the "regularly" part), and something would likely have to happen alongside the charge for it to be investigated in the first place. In other words, it seems like mostly theater, although it would be another tool to further charge any leftists that smoke pot in the future.
Mostly, yes. That said, a change would actually be less of a problem for leftists arming up.
My local weed store tracks user's purchases. I think every store i know of in NJ does.
Well, sure, but that doesn't automatically mean the ATF has access to that.
They can buy that info from data traffickers.
But are you really lying when you think or feel you're answering truthfully?
I.e., what is regular? Once a month? Once a week? These seem more "occasional" than "regular". And even at 3+ times per week, in "regular" territory, what if you stop?
Are you still a regular smoker if you've been clean for a month? Two months? Three or four? Six or a year?
Of course, this is all under the assumption they don't just get ICE'd or Venezuela-boated.
In the past, the Supreme Court has ruled that penalising someone for failing to file or omitting information on a form which would incriminate them violates Amendment 5.
The case was regarding a tax imposed on gambling. People who ran gambling operations had to pay a tax of 10% of the amounts wagered and register with the IRS. At this time, gambling was illegal (almost) nationwide. The IRS then made those registration records available to gaming authorities, who would use them to prosecute anyone who registered.
The court ruled that forcing them to register and then providing this information to gaming authorities to prosecute people violated Amendment 5, and thus a person so convicted for failing to register could assert an Amendment 5 privilege against conviction.
Edit: Marchetti v. United States, 390 U.S. 39
Yep, it was this stupid bullshit that they got Hunter Biden on for his illegal owning of a firearm.
The ambiguity serves their cause. I expected for them to give a vague ruling that keeps people worried. The nazis running the government want fear, uncertainty, and doubt because it makes people easier to control. This ruling will be "Sure, go ahead, we prob won't disappear you and your family for no reason at all, trust us, and stay in line"
How is this legal? Even as someone who knows much tighter gun control would save thousands of lives, if they haven’t been committed then it doesn’t matter.
If they have been committed, then it would be legal/fair, although I might disagree
It's legal because that's what the law says. Arguably unconstitutional, but that's what bringing it to the Supreme Court is supposed to be for. Nobody has really pushed this in front of the courts before.