Gun Buying & Alleged Legal Marijuana Usage, Do You Feel Lucky?

By Major Van Harl USAF Ret

Obama Smoking Weed
Obama Smoking Weed
AmmoLand Gun News
AmmoLand Gun News

Wisconsin –-(  When I was a Colorado Ranger we had to deal with medical marijuana and the nice friendly folks (read stoned) using it on the streets of Colorado.

There were all kinds of restrictions on the public use of marijuana, but this did not stop the users from consuming it out in the open. To be quite honest if you were in law enforcement in Colorado you got tired of wasting your time trying to enforce the marijuana laws, so there was a tendency (unofficially of course) to not look real hard for violators.

Now Colorado has recreational marijuana and all bets are off.

People are smoking and toking in public. They love to have their drug usage videoed, to share this experience with the internet world. Creating permanent (nothing goes away online) documentation of their Federal violation of multiple drug laws that could mean prison time.

“What do I care about the Feds man, smoking marijuana is legal in Colorado and I have a state right to do it” says Tommy Toker and future firearms buyer.

Form 4473 line 11 E
Form 4473 line 11 E

Are you an unlawful user of, addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

On the ATF Form 4473 section 11, line “e” you will find the above question.

For you marijuana smoking, non-gun people who may in your future life want to legally purchase a firearm, the Form 4473 is the Federal Firearms Transaction Record Part I that you fill out when you buy a firearm at a gun shop.

Back in my old Air Force police days there was a standing trick the military lawyers (JAG) like to use with unsuspecting Airmen who committed crimes, but JAG just could not prove their guilt in a court of law. The system would get the Airman to write out an official statement on a government form about what they alleged they did not do. Have them sign the form with witnesses and then send them home feeling they had won the day. Later when the military justice system could not get a hard conviction for Airman Billy’s crimes, JAG would pull out the form he lied on and charge him with falsifying an official government document. Then they would make lying dumb-ass Airman Billy’s life miserable with jail time or a back conduct discharge (BCD) (that follows you all your life). They might try to get him to roll over on his fellow Airman with promises of leniency. Leniency only comes from the JAG until they are done “using you” and then you still get your BCD.

But Tommy the civilian Toker was too smart to ever join the Air Force and get caught up in the military justice system. He lives in Colorado and loves to post pictures on social networking outlets of him legally smoking marijuana. He attends a liberal arts college in the Denver area and becomes a financial advisor for some make-your-money-grow company.

With his new found affluence in the money game he decides to start legally buying some firearms at the local gun store. He even applies for his Colorado conceal carry permit. While filling out the proper paper work for both the purchases of the firearms and the conceal carry application, he is asked repeatedly in writing if he has ever illegally used marijuana and of course he states in his own hand writing that “no” he has never used marijuana.

Does the phrase “got-you” come to mind yet?

Tommy the Colorado Toker’s financial investment company is now under Federal investigation and the Feds need someone to spy for them who is on the inside. With a little bit of internet research they discover that Tommy is a proud public user of Federally mandated illegal drugs (don’t matter what the State of Colorado says) and upon further investigation they discover the drug using violator known as Tommy has lied multiple times on Federal documents about his alleged non-drug use—there it is the “got-you” phrase.

Wait a minute, is there not that picture of a young black man proudly smoking grass out there on line and did not that person become the President of the Unite States?

Obama Smoking Weed
Obama Smoking Weed

Is it not under his current leadership that the Feds are looking the other way when it comes to Colorado marijuana laws?

So why is it, Colorado Toker Tommy is headed to prison if he does not play ball with the Feds for something that is supposed to be legal in his home state?

Never forget the Feds always trump the States, just as the Uniform Code of Military Justice will always beat out Airman Billy, even when they cannot get a hard conviction in a military court room. Fraudulently signing a government document that means little or nothing to you, can and will come back to harm you.

Gun owners and future gun owners of Colorado, Cqalifornia and now Washington State need to be very careful. Also all the drug-vacationers who are pouring in from out of state to Colorado had better be prudent about what they post online. If you legally buy a firearm in Oklahoma after legally smoking marijuana in Colorado, this could get you a Federal violation conviction. Do you feel lucky?

Major Van Harl USAF Ret.
[email protected]

About Major Van Harl USAF Ret.:Major Van E. Harl USAF Ret., a career Police Officer in the U.S. Air Force was born in Burlington, Iowa, USA, in 1955. He was the Deputy Chief of police at two Air Force Bases and the Commander of Law Enforcement Operations at another. He is a graduate of the U.S. Army Infantry School.  A retired Colorado Ranger and currently is an Auxiliary Police Officer with the Cudahy PD in Milwaukee County, WI.  His efforts now are directed at church campus safely and security training.  He believes “evil hates organization.”  [email protected]

  • 14 thoughts on “Gun Buying & Alleged Legal Marijuana Usage, Do You Feel Lucky?

    1. This article states “he states in his own hand writing that “no” he has never used marijuana”

      That’s not what the question is, it doesn’t ask if you’ve ever used marijuana.

    2. The article has it wrong for several reasons.
      1. On the state form Pot use does not count as illegal drug,as it is not legal. The Feds cannot prosecute you for anything to do with the state firm anyway.
      2.when buying a gun your nit asked if you ever used illegal drugs, only if your a current user. You could have used them in the past and still answer no honestly on the form. You could Plan on using them in the future and still not be a current user. In fact, one could argue that a user could quit today, buy a gun tomorrow and start smoking the next day again without committing perjury.
      3. Courts have considered answering no on that form to questions about criminal activity to be within ones 5th amendment rights and have not given much leeway to prosaic uterus wanting to make purgers charges.
      4. The question may be too broad for perjury charges, perjury must be material in nature.

    3. I think oboma and holder don’t attempt to enforce the law because without engaging in interstate commerce, the feds don’t have jurisdiction. They are trying to avoid a supreme court ruling saying as such. If said supreme court opinion is issued against the DEA for this wrongful exercise of power, then it’s grounds for states to make it unlawful for the ATF to enforce federal gun regulations in states that passed legislation against federal involvement with guns manufactured and sold within the state.

    4. Unfortunately, even very simple English distinctions – “Are you a user” versus “Have you ever been a user” – are frequently misunderstood by those empowered with enforcing the Law

    5. Firearms do not go with drugs, it is like being stupid drinking and driving, So be a mature asset to society and don’t become a stupid idiot. God Bless America http://www.constitutionparty,com Sanctioned in 50 states in our 21 st year as the only fully qualified third winning party.

      Love this site. Real! Reality content and remarks.

    6. Print this article. Hang it next to a poster of “Reefer Madness” and all the laws during alchohol prohibition and Jim Crow, etc…..Now wait a decade or to and you can sit back and laugh as you read them. I respect the author’s opinion but he is both wrong and ignorant. The hour is later than he thinks (as they say) and no one cares about marijuana usage anymore amongst adults. It will soon be legal in most states and opinions like this will seem so naive it will be comical.

    7. Law is written voted upon and maintained by congress. Holder does not enforce it. He maintains a job that requires him to enforce the law and chooses not to. He fails to prosecute 70k+ felons for attempting to purchase firearms. He has the government allow banks to accept illegal money from drugs, while cutting legitimate businesses from banking and credit lines. Holder keeps playing his race card, all I see is a AG that refuses to do his job set by congress with a written set of laws. Lazy and inept he needs to go.
      You don’t like the marijuana laws write your congressman and change the law. Don’t cry I cant get high and buy a gun.
      All it would require is a change from schedule I drug to III,IV, or V as a start.
      Remove Holder from the AG office return rule of law to the United States.

    8. Pot and/or guns is a dilemma you can file under ‘modern problems’. Are you prepared to ‘Man Up’ if you ‘Screw Up’? Just remember mounting a legal defense can destroy you for the rest of your life.

    9. Anyone want to share the disclaimer where it says the penalty for lying? I’m sure it say something like “knowingly providing false information…”. The prosecution has the burden of proving you honestly believed the federal government had supremacy where the state laws were in conflict and you believed that interstate commerce was involved in your use of state grown marijuana which gives them the power to exercise jurisdiction.

    10. MSGT,

      Keep believing that. The state may not prosecute you, but the feds sure can. This the point of the whole article.

    11. “Are you an unlawful user of … marijuana?”

      Well, it’s legal in the State of Colorado, so its use is therefore not illegal.

      “Are you … addicted to marijuana?

      What, exactly, constitutes addiction?

    12. Good information here for people interested in the cannabis law in this country, who also hold their concealed carry permit.

      It is very not true that “All those potheads are bleeding-heart anti-gun Liberal Democrats anyway” as there are many people in pro-2nd Amendment/pro-Constitution crowd and many gun owners who also enjoy cannabis recreationally or do or would benefit from its medicinal properties.

      This is just another place the government has overstepped, restricting freedom.

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