- Mar 9, 2011
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- #261
As has been documented on this thread with links… prosecution for lying on this form is virtually non existent .
In fact Hunter’s lawyer would have a good case that prosecution here would be selective and politically motivated .
You’ve chosen the wrong hill to die on
It doesn't matter that he lied on the form. Even though he did, the federal government is actively prosecuting drug users for being in possession of a firearm. Merely possessing a firearm or ammunition while using drugs within the last 12 months is a federal crime according to 18 U.S.C. § 922
"Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate the individual is actively engaged in such conduct. An inference of current use or possession may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time. The ATF has determined that the present time is represented by the time frame of within the past 12
months."
https://www.justice.gov/file/1385186/download
"The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);"
Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives