Admitting drug use = no guns?

[M14 Shooter]

The issue shooter finds with that (and with which I agree) is that using something like the army denying you entry to deny you the right to buy a firearm contains no due process, which in our system means a judical authority has had the ability to rule on you in a given situation. This could be a conviction, a restraining order, or even a commitment ruling against you.

Ths is absolutely correct.

The GCA of 1968 prohibits possession of a fiearm by anyone who is an unlawful user of or addicted to any controlled substance. This, given that it creates a wholesale and permanent disability, can only be determined by the due process of the judicial system - simply answering 'yes' to a question to that effect is, in and of itself, no more meaningful that walking into a police stating and saying that you had murdered someone - in the case of the latter, you will be arrested and held until a determination can be made if your claim is credible, and then there will be a trial.

Even if you want to plead guilty to that murder in a court of law, the judge will not allow the convition unless the confession meets certain standards, not the least of which is evidence within the confession that is consistent with the fact of the case - all of which will be looked at by the prosecutor, who will not bring the case to the judge unless the particulars fit.

Unlawful use of a controled substance is a crime, whch is the only reason it can lead to the removal of the right to arms - the disability is prusuant to the violation of a criminal law. Admitting to a crime in and of itself does not, indeed cannot, invoke any such permanent disability - only a conviction can do that.

 

[The Rabbi]

To repeat the question:
If you are an unlawful user of marijuana can you purchase a firearm?

 

[martybegan]

To repeat the question:
If you are an unlawful user of marijuana can you purchase a firearm?

Technically there is no such thing as an unlawful "user", only an unlawful possesor (and in most states unless its too much, this is only a violation, not even a crime) or an unlawful seller.

Since you cant be convicted of using, I would say yes, a user can buy a firearm, as there is no way to judcially prevent him from doing it.

 

[M14 Shooter]

To repeat the question:
If you are an unlawful user of marijuana can you purchase a firearm?

Technically there is no such thing as an unlawful "user", only an unlawful possesor (and in most states unless its too much, this is only a violation, not even a crime) or an unlawful seller.

Never mind that lawful/unlawful use/possession can only be determined is in a court of law after an arrest, arraignment and trial.

 

[The Rabbi]

To repeat the question:
If you are an unlawful user of marijuana can you purchase a firearm?

Technically there is no such thing as an unlawful "user", only an unlawful possesor (and in most states unless its too much, this is only a violation, not even a crime) or an unlawful seller.

Since you cant be convicted of using, I would say yes, a user can buy a firearm, as there is no way to judcially prevent him from doing it.

And you would be wrong.
The 4473 specifically asks the question "Are you an unlawful user of marijuana?" If you answer yes to the question then you are prohibited and the dealer cannot complete the sale.

 

[The Rabbi]

To repeat the question:
If you are an unlawful user of marijuana can you purchase a firearm?

Technically there is no such thing as an unlawful "user", only an unlawful possesor (and in most states unless its too much, this is only a violation, not even a crime) or an unlawful seller.

Never mind that lawful/unlawful use/possession can only be determined is in a court of law after an arrest, arraignment and trial.

No. If the person declares on a federal form that he is an unlawful user of marijuana then he is prohibited. No judicial action necessary.