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Apr 29th, 2024
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Joined: Oct 2019
Posts: 472 Likes: 193
Sidelock
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OP
Sidelock
Joined: Oct 2019
Posts: 472 Likes: 193 |
I raised this question on the 16ga forum in a discussion on who to leave our firearms to. Every time I fill out the background check form at my FFL and read the section about use of illegal drugs I think about this question of transferring firearms to family or friends who could not pass a background check because of use of Schedule 1 drugs. (Here in Colorado the most popular recreational drug is marijuana but psychedelics are growing in popularity.) Does anyone know the legal ramifications for the giver and the receiver?
Last edited by ShowMeSon; 07/03/19 11:11 PM.
Speude Bradeos
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Joined: Feb 2004
Posts: 13,880 Likes: 16
Sidelock
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Sidelock
Joined: Feb 2004
Posts: 13,880 Likes: 16 |
I believe a marijuana user is prohibitted from possessing firearms under federal law. State laws probably dont address it or may be lagging behind in allowing marijuana users to possess firearms. Maybe by intent to remove more firearms from the public. Either way, the effect is the same. No guns for drug users. https://www.snopes.com/fact-check/cannabis-marijuana-guns/
Last edited by Chuck H; 07/04/19 02:28 AM.
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Joined: Nov 2003
Posts: 596 Likes: 34
Sidelock
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Sidelock
Joined: Nov 2003
Posts: 596 Likes: 34 |
These piece meal state laws legalizing pot have really made it hard to navigate the various law's around the country.
When it comes to gun transfers it clears up some. The background check is a federal check and adheres to federal law. Pot is still illegal federally and you will fail a background check if you answer yes to the question about being a pot user on the BATF form.
Here in Colorado the CBI does the initial instant background check for the fed's, but it is still a federal check. Then there's the fairly new Colorado law that states all gun transfers have to have a background check. Muddy waters to wade through for sure.
The city of Denver decriminalize magic mushrooms, not the state or Federal government.
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Joined: Oct 2019
Posts: 472 Likes: 193
Sidelock
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OP
Sidelock
Joined: Oct 2019
Posts: 472 Likes: 193 |
Thanks, Chuck, for the detailed article which gives the relevant federal statues. Ive shared it back with the 16ga guys.
The essence is that we are prohibited by federal law from selling or giving firearms to individuals who use controlled substances including marijuana and including occasional recreational use as well as medicinal use. The users are also prohibited from receiving or possessing firearms.
This certainly adds a new complication for those of us who are older and contemplating this very question of passing on our firearms, some of which have been in our families for generations.
Speude Bradeos
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