The Federal form required to buy a firearm from a gun dealer, the 4473, was revised and in effect as of last Monday, Jan 16, 2017.
The Department of Justice has come down on the subject of medical marijuana and the penchant for gun control. Added to the question of addiction and unlawful use of drugs, 11 e., is a warning for users of marijuana. Even if legal in your state, whether by prescribed medical use or decriminalization, you are prohibited from purchasing or receiving a firearm.
11 e. 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.
In the case of marijuana, there seems to be no qualification of addiction. Only that as a Federal matter, “use” of it is illegal, and that alone will deny a person’s 2nd Amendment right to purchase, or receive, a firearm.
Also added is a question to identify the name and location of a ‘qualifying gun show or event’ if the firearm is being ‘transferred’ there. Laying the groundwork to require private sales/transfers (i.e. not a gun dealer) at gun shows to include a background check. And quite possibly, anywhere else.
So, with less than a week left in the Obama administration, along with sending GITMO terrorists back to their homeland, commuting FALN militant Oscar Lopez-Rivera’s sentence, commuting the sentence of the biggest traitor in American history, the Obama DOJ tosses this 2nd Amendment issue up for his successor.
Short of decriminalization, remove it as a Sched 1 drug. The least that could be done would be to yield to the States and go with that. Candidate Trump had indicated that the “marijuana issue” should be a state matter. In such case, all that needs to be done with the 4473 is to delete the “Warning” statement, since it would then not apply.