ATF Says Marijuana Use Still Bar to Firearms

ATF Says Marijuana Use Still Bar to Firearms

According to a June 5, 2023 article in the Epoch Times, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) continues to take the position that the use of marijuana prohibits one from possessing firearms. ATF cites the Federal Gun Control Act of 1968 and the Controlled Substances Act of 1970, the latter of which “classifies cannabis as a Schedule I drug, placing it in the same category as heroin and LSD. The act doesn’t differentiate between medical or recreational marijuana.”

In a 2011 guidance to Federal Firearms Licensees, ATF directed firearms dealers to ask prospective buyers whether they are addicted to or are unlawful users of marijuana. “[B]uyers need to answer “yes. . . even if they use marijuana for medicinal purposes.” The law provides for no such exceptions, according to the ATF.

If you would like a consultation on this or any legal matter, do not hesitate to contact Scaringi Law at 717-657-7770.


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