2023-09-29T00:00-07:00
Johnny Drill
As regulators of the firearms industry and enforcers of firearms laws, we felt it was important to remind Minnesotans of this distinction as the marijuana laws adjust here in the State of Minnesota,” he said. Thanks for that, Jeff.
The ATF's even dug up guidance from 2011 which underscores that transferring a firearm to anyone you have "reasonable cause" to believe is an unlawful user of a controlled substance is a no-no—state cannabis laws be damned. This firearms ban for cannabis users is currently being duked out in several federal courts. One judge even declared in February that the prohibition is unconstitutional, but the government's not letting it go without a fight. They've appealed this decision, so it's going to the U.S. Court of Appeals for the Tenth Circuit.
Meanwhile, in 2020, ATF issued an advisory in Michigan demanding that gun sellers perform federal background checks on all unlicensed gun buyers. Apparently, the state’s cannabis laws have somehow enabled “habitual marijuana users” and other disqualified individuals to acquire firearms illegally. Who knew?
Funny thing though, as they're enforcing this ban, the ATF's been quietly updating its own cannabis employment policy. Now, applicants who’ve grown, manufactured, or sold marijuana in accordance with state laws while in a “position of public responsibility” aren't automatically disqualified. But break those state cannabis policies, and you're out of luck.
Finally, here's a twist. Republican congressional lawmakers have put forward two bills this session dealing with gun and marijuana policy. One, from Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, aims to protect the Second Amendment rights of people who use marijuana in legal states, letting them purchase and possess firearms currently prohibited under federal law. Mast is also backing a separate bill from Rep. Alex Mooney (R-WV) which would more narrowly allow medical cannabis patients to purchase and possess firearms.
So, let's watch this space. This tug-of-war between state and federal law is turning out to be quite a spectacle. Who knows where we'll end up? Pass the popcorn.