Pennsylvania Firearm Owners Association
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  1. #1
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    Default How does the marijuana pardon affect gun rights?

    Biden pardons marijuana offenses!
    by normg Oct 7, 2022
    Does this allow criminals to buy guns?

    The US Dept. Of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 (5300.9) Firearms Transaction Record;

    Section B #21c. 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?

    Section B #21 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.”

    These two questions are among those that an applicant to purchase a firearm must answer. So the Biden pardons raise some questions themselves.

    “The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense,” the department said in a statement. “In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.”

    The first obvious question is will these previously convicted criminals now have their right to buy, own and possess a firearm be restored? How should they answer these questions if they apply to buy a firearm?

    Has our anti gun president just restored the rights of convicted criminals to go out and buy a gun? He is pushing the Federal Government and State Governors to change the status of marijuana as a controlled substance. We are not disagreeing with such a change but just wondering how will this be handled with the right to buy, own, and possess firearms? It seems a bit contradictory for such an anti gun administration to allow criminals to buy and own guns.

    So far we have not heard any discussion of this dilemma in any national media. At some point it needs to be addressed. Stay tuned we will keep you posted on any developments.

  2. #2
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    Default Re: How does the marijuana pardon affect gun rights?

    You should be allowed to buy/carry.
    FJB

  3. #3
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    Default Re: How does the marijuana pardon affect gun rights?

    I'm thinking that most marahuchi violations were prosecuted at the state level so a federal pardon would not affect it. IANAL.
    2024 Trump or Bust!

  4. #4
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    Default Re: How does the marijuana pardon affect gun rights?

    They should just change the question to, "Have you ever done smoke dat shit?"

  5. #5
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    Default Re: How does the marijuana pardon affect gun rights?

    I suppose the Dems are saving full legalization for 2024...

  6. #6
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    Default Re: How does the marijuana pardon affect gun rights?

    A bunch pardons don't change the law. I don't think this directly effects anything except those who have been pardoned.
    The Hostler

  7. #7
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    Default Re: How does the marijuana pardon affect gun rights?

    I don't know how many Federal drug prosecutions for small amounts of personal-use weed ever took place, although Ann Coulter argues persuasively that most such convictions were pled down from "we caught you with 200 pounds of weed and a sawed-off shotgun" to "personal use weed possession".

    Generally, a pardon eliminates that conviction from consideration by NICS (or PICS). But in addition to the "punishable by more than 1 year" flag, there's the "current user of weed" part. So you may have that felony weed conviction erased, but if you celebrate by smoking a joint, you're now a prohibited "current user" of an illegal drug, for the next year.

    Whether the govt knows or cares is arguable, but the law bars a current user of weed, with a 1-year look-back period.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
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    Default Re: How does the marijuana pardon affect gun rights?

    Quote Originally Posted by GunLawyer001 View Post
    Whether the govt knows or cares is arguable, but the law bars a current user of weed, with a 1-year look-back period.
    This is why you need....

    Screen Shot 2022-10-11 at 4.08.33 PM.jpg

  9. #9
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    Default Re: How does the marijuana pardon affect gun rights?

    Round up is good. Potheads need use it in place of their bong water.
    Crusader's local #556 South Central Asia chapter

  10. #10
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    Default Re: How does the marijuana pardon affect gun rights?

    Quote Originally Posted by cdi View Post
    Round up is good. Potheads need use it in place of their bong water.
    That's nice. Implying that recreational drug users who aren't doing anything to harm you should poison themselves. Cool.

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