Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Facebook X (Twitter) Instagram
Saturday, May 31
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

    May 30, 2025

    Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

    May 26, 2025

    Minnesota Ends Criminal Penalties for Bong Water

    May 23, 2025

    Minnesota Bill to Set Up Adult-Use Cannabis Industry Moves to Governor

    May 22, 2025

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025
  • Business

    U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

    May 29, 2025

    Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

    May 28, 2025

    Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

    May 28, 2025

    Washington to Issue New Social Equity Cannabis Licenses This Summer

    May 27, 2025

    DEA Raid Confiscates Over 29,000 Cannabis Plants in New York

    May 26, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»Feds May Restrict Cannabis Users’ Gun Rights Even After Changes in Law
Law

Feds May Restrict Cannabis Users’ Gun Rights Even After Changes in Law

adminBy adminJuly 5, 2023No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Federal law prohibits cannabis users from owning or possessing firearms. There are a host of federal court cases that may find these prohibitions an unconstitutional violation of cannabis users’ gun rights. But even if courts find these laws unconstitutional, many cannabis users could still face other federal government hurdles and restrictions.

If you are not familiar with the state of federal laws and want a thorough debrief, I suggest you first check out any of my prior posts on the topic, which are below. But the first two sentences of this post basically sum up the state of affairs as of now. Let’s assume that courts overturn the federal gun control laws for cannabis users. Today I’ll examine the two ways I think the federal government will try to restrict gun rights.

Misrepresentations on federal background check forms could lead to charges

First, the government could charge cannabis users who purchased firearms during the period when the federal restrictions were in place. Recall that Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) requires gun buyers to 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” but actually use cannabis could be guilty of a felony. While these prosecutions are reportedly rare, they still happen. Two prominent recent examples are the reported investigation of Hunter Biden, and charges against the mother of a 6-year-old student that allegedly shot her teacher. Even if federal courts completely do away with restrictions on marijuana users’ gun rights, that won’t affect the potential for federal charges for making misrepresentations on the ATF 4473.

Prior marijuana convictions may restrict gun right

Second, marijuana users who were convicted of certain crimes may continue to be denied their Second Amendment rights after a change in law. One of the other questions on the ATF 4473 asks (with  the emphasis in the original text): “Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”

Under this question, convictions for misdemeanors of any nature that simply could have led to imprisonment for more than a year (even if they in fact did not), are sufficient to deny a firearm purchase. So a person who was convicted of a marijuana-related crime that simply could have netted more than a year sentence, even if it did not, could lose their gun rights. This too will not necessarily change even if the federal courts do away with the marijuana-related prohibition.

That said, it seems like even this federal restriction may go away soon. The federal Third Circuit Court of Appeals recently decided a case, Range v. Attorney General of the United States of America, holding that this law was invalid as applied to the plaintiff. Range had previously pled guilty to a nonviolent state misdemeanor that could have netted him more than a year in prison, though he only was sentenced to probation. After being denied a firearm purchase, he sued, and after initial proceedings, the federal appellate court held that the law was invalid as applied to him. While this is only an as-applied challenge in one federal circuit, it could lead to a broader U.S. Supreme Court holding in the future.

What the future might hold for cannabis users’ gun rights

Personally, I think there is a very good chance that the Supreme Court holds unconstitutional federal restrictions on cannabis users owning and possessing firearms. I also think there is a reasonably good chance the court holds unconstitutional restrictions with respect to certain non-violent offenses. All of that is a ways away though, and nothing is guaranteed. Even if some restrictions are pared back, the government will have other tools at its disposal to restrict cannabis users’ gun rights absent a massive sea change in federal law or enforcement, which is always possible but seems less likely given current political trends.


If you want to read my prior posts on cannabis users and gun rights, please see the following:

As always, stay tuned to the Canna Law Blog for more updates.

Source link

cannabis Feds Gun Law Restrict Rights Users
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleSave 25% On The 3500mg Laughing Gas Gummies
Next Article Montana Lawmakers Override Veto of Bill to Use Cannabis Taxes for Road & Environment Funding
admin
  • Website

Related Posts

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Comments are closed.

Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

By adminMay 30, 20250

Republican lawmakers in Ohio are seeking to make changes to the 2023 cannabis legalization law approved…

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.