In Missouri, a discrepancy exists between federal and state regulations regarding marijuana. While recreational marijuana use is legal within the state, federal law classifies it as a controlled substance. This discrepancy creates a challenge for individuals like Brian, who wonders: when purchasing a handgun, is it a falsehood to deny drug use on federal forms?
Federal firearm purchase forms explicitly ask if the buyer is an unlawful drug user or addicted to marijuana or other substances. These forms are bolded with a disclaimer stating that marijuana use or possession remains illegal under federal law. Consequently, current federal law prohibits firearm ownership by those who use marijuana.
A prominent example of this conflict is the case of Hunter Biden. In 2018, during a period of admitted struggle with crack cocaine addiction, Mr. Biden was accused of providing false information about drug use on a firearm purchase form.
While some courts have challenged this restriction, arguing it infringes on the Second Amendment rights of medical marijuana users, these cases are still ongoing. This creates a legal ambiguity.
Grant Rahmeyer, an attorney with Rah Law, emphasizes honesty on these forms. “According to current federal law, if you use marijuana, you cannot legally own a firearm. That being said, I believe there is a significant shift underway, and the Supreme Court may need to address this issue.”
In essence, answering “no” to drug use on federal forms constitutes a lie if you are a marijuana user. For the sake of legal compliance, honesty remains the safest approach.
Further Discussion:
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