Firearms Transfers — Federal Form 4473 and Cannabis
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.
Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago
You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because in 2016 ATF modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:
“ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.
11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’
The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.
Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”
There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of ATF Form 4473.
Download current Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.
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1. This is not “news” – in case some thought it was. Note the form revision date, October 2016.
2. Beyond the pot warning, people should be VERY concerned about the base text, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” According to DEA’s drug schedules (lists – https://www.dea.gov/druginfo/ds.shtml), some fairly common meds are scheduled drugs. Specifically, Class 3 (examples include products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone); Class 4 (examples include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol). So, folks that are taking “pain pills”, for a bad back or other very common ailment, need to think hard about whether they would reasonably be considered “addicted” to these substances when answering that question. [Black’s law dictionary defines addiction as, “Becoming over dependant on a drug or habit. Stopping use causes withdrawl symptoms. Its a chronic disease that requires life long care. Any excessive craving.”] My take…it’s a Pandora’s box, ripe for legal action. Lawyers win…again.
Am I wrong or did this happen in 2016?
If you blow your brain cells on weed you should not be allowed to own a gun. Pretty simple.
Allow me to play “Devils Advocate for a moment .
Fact : Almost 80% of all gun homicides involve alcohol . Check with your local , county , or state police .
Fact : A majority of U.S. Senators and Congress people are heavily invested in , or receive large sums from Brewers and Distillers Lobbyists . Anybody see a conflict here , besides me ?
The only thing I’ve ever seen in danger from a “Pot-head” is a Dunkin Donuts …DUH ! Not trying to take a “side” in this , but pointing out the obvious , that gets ignored . Because “WE” all have a drink or two , now and then .
Editor: Guess you’ve never seen a stoner drive on a highway, or a city street. Definite impairment
As a Card-carryin Vietnam Vet ; I’ve been around a “few” stoners in my time . And I agree on being impaired ; if driving during , or after smoking the “Devil Weed” . . The most noticeable impairment is they drive waaaay to slow because their perception of time and distance is screwed up . As I said in my OP , only playin Devils Advocate . But we should be just as concerned about that PDR list of all those “OTHER” drugs in the article . Because Doctors have been passing them out like M&M’s for decades now . If ya don’t have ANY opioids , or barbiturates or Xanax or other mood-altering drug at home , raise your hand . Yeah ; thought so . It’s not JUST the pot that’s a problem in our world today . Way to much bad chit out there to just point out one . Sorry if I got a little carried away on the subject , but I’ve lost friends to Oxy and Fentanyl OD’s , and get a bit tired of people jumpin on the Killer Marijuana ride . Never knew of anybody to O.D. on pot , by itself . Almost reminds me of being in Nam . Two camps . The “stoners” ….and The “boozers” , and no room in between .
As I see it the questions is whether the “user” is actually impaired. Taking a prescribed opioid for pain, based on your doctor’s and the label instructions, should not impair such that a reasonable person would drive or participate in a shooting event – e.g., someone that is so much in pain that then can’t even get out of bed. In fact, if those prescriptions are not taken, the pain may put the user in a lot worse way than taking them. And there is certainly the huge difference in effect depending on dosage, user’s weight, and other factors.
I very much agree with Gene D that alcohol is a larger problem. “We” have rules about match contestants not being under the influence of alcohol. But we do not ask whether the 4473 signer is an alcoholic. And even then, if the person is an alcoholic, are they impaired when using their firearm.
As I noted in my earlier post, it’s a Pandora’s box, ripe for legal action. Lawyers win…again.
The form doesn’t ask if you have “ever used” such substances. Not to condone something I have no use for anyway, but if I were renewing my license at DPS and saw a form asking if I’m “disobeying any traffic laws”, I’d most assuredly check “no.” After all I’m at DPS filling out a form.
Other acts, such as renouncing your citizenship, are specifically written to entail all past time. I think the question steps softly around the subject. Rest assured the federal government intentionally declined to ask whether you have ever used illegal drugs. Alternate wording is elementary, but such would tend to require incriminating the person, and if use was very remote, it is also less relevant. While I am a lawyer, this is not legal advice, just my personal opinion.
Clearly Grimstod and other commenters here don’t actually support or understand the 2nd Amendment. At least in my original version of the Bill of Rights, there’s no marijuana exclusion to the 2nd Amendment. Grimstod must have one of those modern, living, revisions where it means whatever the government and other authoritarians want it to mean.