Supreme Court will consider whether people who regularly smoke pot can legally own guns

[ThatRobGuy]

Supreme Court will consider whether people who regularly smoke pot can legally own guns

The Supreme Court will consider whether people who regularly smoke marijuana can legally own guns, the latest firearm case to come before the court since its 2022 decision expanding gun rights.

apnews.com

WASHINGTON (AP) — The Supreme Court said on Monday that it will consider whether people who regularly smoke marijuana can legally own guns, the latest firearm case to come before the court since its 2022 decision expanding gun rights.

President Donald Trump’s administration asked the justices to revive a case against a Texas man charged with a felony because he allegedly had a gun in his home and acknowledged being a regular pot user. The Justice Department appealed after a lower court largely struck down a law that bars people who use any illegal drugs from having guns.

Arguments probably will take place early in 2026, with a decision likely by early summer.

 

[BCP1928]

As I remember filling out the form, it required you to testify that you are not now using illegal drugs and have never smoked marijuana.

 

[CRAZY_CAT_WOMAN]

I hope it passes. It won't effect me at all. It will effect a lot of Trump supporters, that I know.They should have to take a lie detector to make sure, that are telling the truth.

 

[comana]

I am much more concerned about alcohol and firearms than cannabis and firearms.

 

[ThatRobGuy]

I am much more concerned about alcohol and firearms than cannabis and firearms.

It noted that the previous ruling pertained to still allowing criminalization for actively for having a firearm while under the influence.

But ultimately, a person's casual use of alcohol or cannabis shouldn't be a disqualifier providing they're not actively carrying or operating a firearm while consuming it.

 

[ThatRobGuy]

As I remember filling out the form, it required you to testify that you are not now using illegal drugs and have never smoked marijuana.

They picked a very peculiar case to run up the flag pole back to SCOTUS for this subject...

I say that because...

Also in the AP article
the FBI found Hemani’s gun and cocaine in a search of his home as they probed travel and communications allegedly linked to Iran. The gun charge was the only one filed.


His acknowledgement of being a marijuana user should've been small potatoes in comparison to the cocaine and suspicious communications with Iran.

And given that marijuana and cocaine are both federally illicit drugs (meaning either one would mean he technically lied on the form if that's what they were going for), it seems odd that they pursued the marijuana angle instead of the cocaine angle given the cocaine is the one they actually found in his house, and is a more criminalized drug.

 

[BPPLEE]

As I remember filling out the form, it required you to testify that you are not now using illegal drugs and have never smoked marijuana.

What form in what state?

 

[BPPLEE]

They picked a very peculiar case to run up the flag pole back to SCOTUS for this subject...

I say that because...

Also in the AP article
the FBI found Hemani’s gun and cocaine in a search of his home as they probed travel and communications allegedly linked to Iran. The gun charge was the only one filed.


His acknowledgement of being a marijuana user should've been small potatoes in comparison to the cocaine and suspicious communications with Iran.

And given that marijuana and cocaine are both federally illicit drugs (meaning either one would mean he technically lied on the form if that's what they were going for), it seems odd that they pursued the marijuana angle instead of the cocaine angle given the cocaine is the one they actually found in his house, and is a more criminalized drug.

Drug user in possession of firearms is a federal crime and includes marijuana. I handed several of these cases over to the Feds when I was in law enforcement.

Supreme Court agrees to review law that bars drug users from having firearms

The case concerns the same law former President Joe Biden's son Hunter Biden was convicted of violating before his father pardoned him.

www.nbcnews.com

 

[ThatRobGuy]

Drug user in possession of firearms is a federal crime and includes marijuana. I handed several of these cases over to the Feds when I was in law enforcement.

Supreme Court agrees to review law that bars drug users from having firearms

The case concerns the same law former President Joe Biden's son Hunter Biden was convicted of violating before his father pardoned him.

www.nbcnews.com

Oh, I understand why they pursued charges for someone having drugs and guns at the same time...I was just pointing out that it's odd that they pursued the marijuana angle over the cocaine angle. You'd think the cocaine angle would've been more of a slam dunk in the eyes of a judge or jury.

If someone steals a car and a bicycle, and I'm a prosecutor, I'm not going to drop the car theft charge and opt to only charge them for the stolen bike.

 

[ThatRobGuy]

What form in what state?

Every state's form has that because it's a question that has to be submitted to the NICS system.

(It's the one that half people lie on when purchasing a firearm)

 

[BPPLEE]

Every state's form has that because it's a question that has to be submitted to the NICS system.

(It's the one that half people lie on when purchasing a firearm)

No one ever asked me that when I bought a firearm. The last one I bought was about 3 years ago. They copied my gun permit and didn’t ask much at all

 

[BPPLEE]

Oh, I understand why they pursued charges for someone having drugs and guns at the same time...I was just pointing out that it's odd that they pursued the marijuana angle over the cocaine angle. You'd think the cocaine angle would've been more of a slam dunk in the eyes of a judge or jury.

If someone steals a car and a bicycle, and I'm a prosecutor, I'm not going to drop the car theft charge and opt to only charge them for the stolen bike.

They didn’t have to have drugs, Ive gotten a statement from someone with a gun admitting that they used drugs and that was enough to charge them

 

[ThatRobGuy]

No one ever asked me that when I bought a firearm. The last one I bought was about 3 years ago. They copied my gun permit and didn’t ask much at all

Did the gun permit not ask that question?

In Ohio, that question #4... it's on both the CCW form and the gun purchase form.

I always thought it was odd that they mention marijuana by name, but then every other (much more dangerous) drug is only referenced in categorical terms.

 

[BPPLEE]

Did the gun permit not ask that question?

View attachment 371854

In Ohio, that question #4... it's on both the CCW form and the gun purchase form.

I don’t remember a question about marijuana specifically on the permit application but it’s been a long time I could be mistaken. When purchasing a handgun though they just took the permit and there was no waiting period and I am certain they didn’t ask me about marijuana use

 

[BPPLEE]

Did the gun permit not ask that question?

View attachment 371854

In Ohio, that question #4... it's on both the CCW form and the gun purchase form.

I always thought it was odd that they mention marijuana by name, but then every other (much more dangerous) drug is only referenced in categorical terms.

#4 doesn’t ask if you have ever used marijuana, see post #7. That’s what I know I have never been asked

 

[ThatRobGuy]

I don’t remember a question about marijuana specifically on the permit application but it’s been a long time I could be mistaken. When purchasing a handgun though they just took the permit and there was no waiting period and I am certain they didn’t ask me about marijuana use

They do that in Ohio now too, because all of the questions that would normally get asked on the purchase form are part of the CCW form (I haven't purchased on since that new rule went into effect), but none the less, the question was still asked at some point.

If a state's CCW application includes the same screening questions as the one found on this form

https://www.atf.gov/file/61446/download

Then they can legally do the "accept a ccw permit in place of filling out paperwork"

 

[BPPLEE]

They do that in Ohio now too, because all of the questions that would normally get asked on the purchase form are part of the CCW form (I haven't purchased on since that new rule went into effect), but none the less, the question was still asked at some point.

If a state's CCW application includes the same screening questions as the one found on this form

https://www.atf.gov/file/61446/download

Then they can legally do the "accept a ccw permit in place of filling out paperwork"

Okay, agreed. But it doesn’t ask if you have EVER used marijuana. That’s what I was referring to in reference to post #7

 

[ThatRobGuy]

Okay, agreed. But it doesn’t ask if you have EVER used marijuana. That’s what I was referring to in reference to post #7

I see what you're saying...but that sounds like an overly vague question (on the form) then.

"I'm here to buy a gun"
"Are you an unlawful user of marijuana?"
"No, I kicked the habit yesterday"

...you can see how that is something of an ambiguity.

 

[BPPLEE]

I see what you're saying...but that sounds like an overly vague question (on the form) then.

"I'm here to buy a gun"
"Are you an unlawful user of marijuana?"
"No, I kicked the habit yesterday"

...you can see how that is something of an ambiguity.

If you answer no to the question then get caught with drugs you could be charged like Hunter Biden I suppose. I just meant that I had never been asked if I ever used marijuana or if I ever used any drugs for that matter. It asks if you’re a user so some experimenting in your past doesn’t necessarily disqualify you

 

[CRAZY_CAT_WOMAN]

I am much more concerned about alcohol and firearms than cannabis and firearms.

Me too.