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this post was submitted on 20 Oct 2025
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They're just trying to find other ways to take guns from leftists and trans people.
Also, since pot is federally illegal, and legal states don't normally give the feds buyer info, how the hell would they even know? A form asking if you smoke pot? What stops someone from just saying they don't?
Yes, that's exactly what already happens. The form in question is ATF 4473 for purchasing a firearm, and it is a federal crime to lie on that form. As far as the ATF is concerned, it does not matter if weed has been legalized in your state or not, or if it's for medicinal purposes or recreational.
As of now, you cannot own a firearm if you are "an unlawful user of, or addicted to" pot or any other banned substance. This has rarely been enforced, and it's hard to bring enough evidence to actually prove it. Were they a user when they bought it? A user an hour later? A month later? How do you even prove that in court?
The few times it's been prosecuted, it's usually one thing in a pile of more serious charges.
If the Supremes rule against it, then it's just the status quo. Nobody can really prove it. There is some reason to think they'll strike this down.
The ambiguity serves their cause. I expected for them to give a vague ruling that keeps people worried. The nazis running the government want fear, uncertainty, and doubt because it makes people easier to control. This ruling will be "Sure, go ahead, we prob won't disappear you and your family for no reason at all, trust us, and stay in line"
But are you really lying when you think or feel you're answering truthfully?
I.e., what is regular? Once a month? Once a week? These seem more "occasional" than "regular". And even at 3+ times per week, in "regular" territory, what if you stop?
Are you still a regular smoker if you've been clean for a month? Two months? Three or four? Six or a year?
Of course, this is all under the assumption they don't just get ICE'd or Venezuela-boated.
I think the answer lies in the Hunter Biden charges. They can ask the question when purchasing a firearm and then charge with a crime later if they can show that the person lied.
Honestly wouldn't be shocked if they started going after recreational marijuana either. Some big liberal states have legal marijuana.
That's the hard part, and the reason why it doesn't get enforced.
Yeah, I suppose my point is that it's very difficult to prove in court (especially the "regularly" part), and something would likely have to happen alongside the charge for it to be investigated in the first place. In other words, it seems like mostly theater, although it would be another tool to further charge any leftists that smoke pot in the future.
Mostly, yes. That said, a change would actually be less of a problem for leftists arming up.
My local weed store tracks user's purchases. I think every store i know of in NJ does.
Well, sure, but that doesn't automatically mean the ATF has access to that.
They can buy that info from data traffickers.
In the past, the Supreme Court has ruled that penalising someone for failing to file or omitting information on a form which would incriminate them violates Amendment 5.
The case was regarding a tax imposed on gambling. People who ran gambling operations had to pay a tax of 10% of the amounts wagered and register with the IRS. At this time, gambling was illegal (almost) nationwide. The IRS then made those registration records available to gaming authorities, who would use them to prosecute anyone who registered.
The court ruled that forcing them to register and then providing this information to gaming authorities to prosecute people violated Amendment 5, and thus a person so convicted for failing to register could assert an Amendment 5 privilege against conviction.
Edit: Marchetti v. United States, 390 U.S. 39
the question on the form is not temporally bound; it asks if you are currently using. i read it as “are you smoking while filling the form out?”
the answer is always “no.”
I have heard (not sure) that at least here in California, the rule applies to using pot in the past year, or maybe it was 5 years. I expect it is written down somewhere.
it’s a fed form no? iirc it doesn’t say a time range other than “current”?
It doesn't even say that. It says:
or other stuff. It does not define "user".
that’s it. yep. while ambiguity on a form gives leeway to the person who did not write it, this is still pretty clear to me. user of? (using while filling out form?) “addicted to”? ask any drunk they’ll tell you they’re not an addict. 😉
While that might be how you interpret it, I'm sure a court would disagree.
that’s my whole point. :)
Idk maybe it's documented some other place or the dealer is supposed to explain it. I've never dealt with the process myself.
This is already the law, they are actually looking to overturn it. Despite having used it to prosecute Hunter Biden.
Yeah, makes sense from that perspective.
Fraud charges.
I guess, but "regularly" is hard to prove in court, or at least it was before 2025. Also before 2025, something would have to happen for you to be investigated for that in the first place. I'm sure now they'll just make up a reason to investigate pot smokers.
I do wonder how it would go over in court now. In a jury trial, the prosecution would likely still have to prove that you "regularly" smoke pot, right?
I suppose my point is that it probably won't be very effective in stopping pot smokers from owning guns (especially those that already own guns) if it's just a yes/no on a form.