ICYMI ~ ATF Open Letter To FFLs Regarding Medical Marijuana

Notice First Posted September 27, 2011, to AmmoLand News

Marijuana And Fireworks
ATF Open Letter To FFL’s Regarding Medical Marijuana IMG iStock

Washington, DC –-(Ammoland.com)- In case you missed it, back in 2011 ATF issued an open letter to all federal firearms licensees in response to inquiries regarding the use of marijuana for medical purposes and its applicability to federal firearms laws, specifically Form 4473.

The letter addresses if holders of state cards, allowing their possession and use of marijuana for medicinal purposes, need to answer yes if they are addicted to or an unlawful user of marijuana.

Answer is YES!

Flash forward to 2021 more states have legalized marijuana. This needs fixing. What do you think is the solution?

Read the letter below.

ATF Open Letter to FFLs Regarding Medical Marijuana

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Stag

Government has absolutely zero constitutional authority to regulate the use or possession of any substance and they are constitutionally forbidden from regulating arms. This is just another example of a unconstitutional agency violating rights.

JSNMGC

Another “crisis” that was used give more power to government employees, who promptly abused it.

Now enforcers take money from people who did nothing wrong and either keep the money for themselves or buy steak, booze, hookers, and (oddly enough) weed:

https://www.theblaze.com/news/2014/10/01/see-some-of-the-outrageous-things-police-bought-with-seized-taxpayer-dollars

They
Just
Can’t
Help
Themselves

Stag

Asset forfeiture is nothing more than government sanctioned theft.

JSNMGC

There are a handful of us in Wyoming who are trying to get our laws changed. Our biggest adversary is law enforcement. They despise the fourth amendment almost as much as the second. If you don’t talk, they will show you how much they despise the 5th amendment and say not talking is probable cause for arrest. If you do talk they will show you how much they despise the 1st amendment for “giving them lip.”

https://www.findlaw.com/criminal/criminal-rights/asset-forfeiture-laws-by-state.html

Stag

It disgusts me how someone’s life savings can be taken without a conviction or, in some cases, without charges even being filed. We are fighting it every legislative session in Texas but we have had almost zero success. Republicans are all about that drug war. The whole “if you don’t have anything to hide…” mentality is like a cancer that eats away at constitutional rights.

JSNMGC

No conviction, no charge, and no real reasonable suspicion in some cases.

Just some cop who thinks he knows what a criminal looks like, or thinks no “law-abiding” civilian should be driving around with $10,000, or who is just pissed his perceived authority isn’t being respected.

Escalating a broken tail light into an unjustifed shooting takes a little effort. Taking a guy’s money is easy.

Bigfootbob

You swerved into an area of law that needs fixin’. I sported a Libertarian attitude about drugs until my state legalized personal possession of all drugs including Heroin and Meth. Not to mention we are a legal recreational marijuana state, shops everywhere and they along with abortion clinics were declared by our un-genius governor as “Essential Workers” and were issued “papers” stating such!?!?!? Last month they decided magic mushrooms have value so even doctors now can tell a person to go take a mescaline trip and it’s perfectly legal. And yes, our dimocRAT overlords (40+ years without a Republican governor),… Read more »

Wild Bill

There is an excellent lecture on this topic at: https://www.youtube.com/watch?v=CkZf6_jK3Zs&feature=youtu.be

JSNMGC

That’s been around for a long time. Thanks for posting it.

For people who have not seen it, I encourage you to watch it and share it with every member of your family.

I’m envious your post with a youtube link went through so quickly. Whenever I post something with a youtube link, it takes 1 to 10 days for it to be released.

Wild Bill

Yes! see “The Tyranny of Good Intentions” by Paul C. Roberts and Lawrence M. Stratton.

Wild Bill

Congress has the power over interstate commerce. See Heart of Atlanta Hotel

Stag

You’ll notice I didn’t mention sale. The commerce clause, as far as interstate commerce is concerned, was intended to prevent states from giving preferential and/or punitive treatment when doing business with each other. For example, Texas would not be able to impose a tax of say 3% on goods sold to Oklahoma while only charging Louisiana 1%. If you are referring to Wickard v. Filburn as a justification for government completely banning the possession, manufacture, use, and sale of certain substances then you’re just using one massive government overreach to justify another. The government sought to give itself massive amounts… Read more »

John Dow

Can they start by busting Nikky Fried?

swmft

My 2 cents. I worked dea in the 80s so saw the wars out of control and overdoses galore; forward thirty some years ods are way up bus drivers with narcan more traffic deaths from people on phone than drunk or drugs, how about we go back to teaching personal responsibility. You want to do drugs,drink no driving… If you need pain relief ,how you react to WHATEVER kind of product is evaluated to determine if you can drive operate a crane or whatever, no government just you and the doctors. Personal responsibility

Frdmftr

I have to say that I am not a supporter of legalized (or illegal) Marijuana use, and I am not a supporter of federal or State restrictions or even oversight on our fundamental right to keep and bear arms. As a scholar and supporter of the United States Constitution, however, which delegates to the federal government the only lawful power it has, and expressly prohibits its exercise of any power not delegated, I see no delegation of any power to the federal government over either Marijuana or our fundamental right to keep and bear arms any time or any place… Read more »

JPM

“En boca cerrada, no entran moscas”. Translated: Flies can’t get into a closed mouth. Why is it that so many people think that just because it is on a form or they are asked, that they have to answer at all, or tell the truth if they do answer, especially when dealing with the liars, crooks, criminals and psychotics that make up the Federal government? The blind obedience of the millions of sheep during the Covid fiasco in this county testifies to the brainwashing of most citizens and they are now ripe for complete obedience to anything resembling any kind… Read more »

Last edited 1 month ago by JPM
Frdmftr

Also, nothing in the United States Constitution authorizes the federal government to license firearm dealers or compel firearm dealers to ask federal government permission to sell a firearm to a particular individual, or to keep records of who has purchased a firearm or what kind of firearm they purchased. No power is delegated by the U.S. Constitution to the federal government over the commercial purchase or sale, or private ownership of personal arms. The Brady Act is null and void for lack of Constitutional power of enforcement, and so was the Assault Weapon Act of 1994 (now sunset), and so… Read more »

Wild Bill

While I admire your enthusiasm, the Congress uses the interstate commerce clause to control interstate commercial sales, the NFA, and the GCA.
The 17th Amendment was wildly popular among the population because corrupt state legislators were auctioning off Senate seats and ratified by two thirds of the states.

John Dow

And just how does regulating interstate commerce have anything to do with what happens when an item reaches the end retail point, or the end customer? That clause has been stretched so far it’s unrecognizable any more.

Wild Bill

First, nothing! Second, You are quite right!! I only state the answers to peoples questions because they asked.

musicman44mag

First posted in 2011 but the title says it all, it needs fixed but only because states are breaking federal law. I don’t take any drugs other than ones prescribed to me. Unfortunately my doctor cannot give me a medicine to help my hands which have multiple problems and can only prescribe pain killers for my knees and we all know how down our government is on pain killers right now and I don’t take anything that messes with my ability to react or think. I would like to try and use that marijuana cream on my hands and knees… Read more »

Autsin Miller III

Wait, wait, wait, unless you are Hunter Biden – then it’s okay to use drugs and buy guns……and do other things….

musicman44mag

You are absolutely right, because the masters say so by protecting the privileged=democraps and prosecuting the plebians=republicans so much so that it has recently taken place in our parliament. Green, Gosar and soon Boebert for exercising first amendment rights. No further proof is required.

Eric

If you want medical marijuana to stop disquailifying fiream sales , concealed carry licenses , all that needs to done is change marijuana from a schedule I to Schedule II or lower drug. As a schedule II it would no longer be illegal drug. It would be a prescription drug. People without prescriptions would still be disqualified since they would be unlawful user . Medical marijuana would need to be like aspirin to allow non prescription users to qualify. Alaska just decriminalized marijuana , and I see people everyday smoking and driving , plus robberies and shootings are up .… Read more »

JimmyS

Cannabis isn’t a “drug.” Cannabis is a PLANT. It does not meet the definition of a “drug.” Which is why the unconstitutional legislation is called “The Controlled Substance Act.”

Where is the explicit power in the Constitution enumerated which grants any government or agent of government the power to “control” substances?

Tyranny is what you put up with. If you didn’t put up with it, it could not exist. Government truly does govern by consent.

Wild Bill

The commerce clause and the cases regarding the commerce clause.
You like that stuff, eh?

Last edited 1 month ago by Wild Bill
Rob

No, I don’t think so. If the question is if purchasers are ADDICTED or UNLAWFULLY using marijuana, that is a question the purchaser has to apply to his own individual case. Just being prescribed marijuana for medical use does not indicate addiction, and it’s obviously lawful. So if there is no addiction, the answer is NO, regardless what the unconstitutional jack-booted criminal thugs say.

Frdmftr

Be prepared to argue that fine point in Court.

Jon

What’s going on in MIchigan concerning this: I know people that have their Medical Marijuana Cards that went to renew their concealed permit that were denied because of this letter. I say letter because it is not a LAW, just a letter, but it is being followed at least in Michigan. It is taking away peoples gun rights one person at a time. If you are honest and on the back of the application/renewal form say yes to the drug question, you will be denied. If you say no, you could be guilty of a felony by falsifying a federal… Read more »

Frdmftr

See my arguments above about the U.S. Constitution and the 17th Amendment.

Chas

So the ATF is leery about sick people cutting into their own turf.. I mean our government wages war on sick people, tells them they have no rights to self protection, and then they run guns down to Mexico to the drug lords and on the tax payers dollar to boot. At what point do people even adamantly opposed to cannabis, realize the Federal Government is doing more harm with drugs and guns than any 60 yr old cannabis eater who has owned the same gun for longer than this president has been alive like me. I've never even had… Read more »