Mike Magowan & Jeff Young the Gun Lawyer - Shark Coast Podcast #61

Published on January 7, 2026
Duration: 86:46

This podcast episode discusses the complex legal landscape surrounding marijuana use and firearm ownership in the United States. Gun lawyer Jeffrey Young explains that under federal law, marijuana users are prohibited persons, regardless of state laws, due to its Schedule I classification. He clarifies that while an executive order may reclassify marijuana to Schedule III, only Congress can change the underlying law, and current federal regulations still prohibit sales to marijuana users. The discussion also touches on the new NFA system with zero-cost tax stamps and the challenges of misinformation spread by AI-generated content.

Quick Summary

Federal law prohibits marijuana users from purchasing firearms due to its Schedule I classification, regardless of state laws. Only Congress can change this law, not an executive order. The ATF Form 4473 explicitly states that state marijuana legalization does not permit firearm sales to users.

Chapters

  1. 00:00Introduction & Guests
  2. 01:09Dean's Health Update & Omni Energy Drink
  3. 02:16Shark Coast New Year's Day Opening & NFA System
  4. 03:24Trusts & Waiting for the First
  5. 04:05Non-Approval Calls & Referrals
  6. 04:05The Great Pot Debate
  7. 05:23Marijuana as a Schedule I Narcotic
  8. 05:53Prohibited Person Status for Marijuana Users
  9. 06:21Changing Marijuana Classification
  10. 07:03Executive Order vs. Congressional Law
  11. 07:23Gun Community's Position on ATF
  12. 07:53Sig Brace Controversy vs. Marijuana Rescheduling
  13. 08:44Omar's Perspective on Store Policy
  14. 09:09ATF Form Updates & White Out
  15. 09:43Business Perspective on Sales
  16. 10:10Absolutist Stance on Gun Rights
  17. 11:00How Laws Become Illegal
  18. 11:17The 'Bath Salts' and Derivative Laws
  19. 11:50Pot Users Buying Guns: Mistakes & Embarrassment
  20. 13:10Consequences of Marijuana Card Disclosure
  21. 13:37Marijuana Argument Out of Control
  22. 13:45Prescription Drugs vs. Marijuana
  23. 14:10FRT Debate & Legality in Florida
  24. 14:46AI-Generated Legal Misinformation
  25. 16:08Monetary Incentive for Attention & Fake News
  26. 17:20AI Sources & Reddit Comments
  27. 17:39Somali Fraud Allegations
  28. 18:12Government Funding & Misappropriation
  29. 18:28Xenophobic Rhetoric & Somali Dad's Capture
  30. 19:14Risks of Beach Excursions in Somalia
  31. 20:16Warlords Stealing Narcotics & Ketamine Surgeries
  32. 20:30Soft Hands & Liberal Stereotypes
  33. 21:04Skepticism & Hustles
  34. 21:45Minnesota Taxpayer Funding Al-Shabaab
  35. 22:07Daycare & Healthcare Fraud
  36. 22:39COVID-19 Era Fraud & Lack of Oversight
  37. 22:54Money Laundering & International Transfers
  38. 23:05Government Complicity & Intelligence Agencies
  39. 23:21Getting Somalian Money & Shos Daycare
  40. 23:33Daycare for Animals & Poop Pickup
  41. 24:07Why the American Public Accepts It
  42. 24:12Helplessness & Lack of Accountability
  43. 24:36Mayors Jumping Ship & Rats
  44. 25:00Regime Change & Epstein
  45. 25:13Justice Department Arrests
  46. 25:19Waiting for a Go Signal & Civil War
  47. 25:48People with Jobs & Fighting Civil War
  48. 26:02Frog in Boiling Water Analogy
  49. 26:30News Cycle & Story Replacement
  50. 26:44Focusing on Daily Lives vs. News
  51. 27:29Doctor's Appointment vs. Ambush
  52. 27:36Chud Always Wins & Colombia Comparison
  53. 27:50World Empire & Bomb Building
  54. 28:01What it Takes for Populists to Act
  55. 28:10Losing Something & Canada's Cold Revolution
  56. 28:28Giving Away an Inch, Taking a Mile
  57. 29:07Local Government Control vs. Federal Power
  58. 30:33Too Big to Track: Washington DC to Sarasota
  59. 30:38Shrinking Government & Deep State
  60. 31:13Power Shift: President vs. Local Mayor
  61. 31:16Too Late to Turn the Bus Around
  62. 31:42Civil War Scenario & State Secession
  63. 31:52Trillions of Dollars & Numbers Too Big
  64. 32:01Paper Trail & Signatures
  65. 32:13Billion Dollar Grant to Minnesota Daycares
  66. 32:24Minnesota Population & Ear Marking
  67. 32:45Secret vs. Noticed Fraud
  68. 33:16Too Big to Fix: Money & People
  69. 33:16Paper Trail & Accountability
  70. 33:49FBI Raids & Daycare Investigations
  71. 34:19Arresting 30 Somalians vs. Systemic Change
  72. 34:34GDP of Somalia & Minnesota Funding
  73. 34:47Ilhan Omar & Minnesota Connection
  74. 35:29Nancy Pelosi & Bringing Money Back
  75. 35:44Nice Rack & Rap Song
  76. 36:01Excitement or Dread for 2026?
  77. 36:12Hoping for Change
  78. 36:26Statistical House Losses & Impeachments
  79. 36:44Lame Duck Presidents & Inaction
  80. 37:06Presidential Debates & Candidate Platforms
  81. 37:29JD Vance Installation & Camala Harris
  82. 37:55Money to Run for President
  83. 38:03Republican Ticket Questions & APAC
  84. 38:22Hextap vs. MAGA
  85. 38:28Guy's Pull-Ups & Stud Status
  86. 38:39Impeachment of Cabinet Secretaries
  87. 38:532027 Debates & Unforeseen Events
  88. 39:14AI Video & Epstein Cell Footage
  89. 39:37Camera Shut Off & Conspiracy Theories
  90. 39:49Vice President to Nominee Transition
  91. 40:10Americans Sick of Overseas Money
  92. 40:24Money Going to Israel vs. Minnesota
  93. 40:36Going Rate for Posts & Candace Owens
  94. 40:48Conspiracy Crap & Jews Running the World
  95. 41:00Israel as Only Democracy & Ally
  96. 41:03Complaining About Taliban Funding
  97. 41:11Giving Money to Everyone vs. Allies
  98. 41:35Strategic Aid vs. Political/Religious Dislike
  99. 41:45Omar & Israel Disagreement
  100. 41:49Charlie Kirk Assassination Theory
  101. 42:17The 30-06 vs. 223 Debate
  102. 42:45Conspiracy Motive & Planting the Wrong Gun
  103. 43:02Motive for Conspiracy
  104. 43:10Easier to Hide Another Shooter?
  105. 43:57Crazy Leftist Motive & Lucky Shot
  106. 44:13142 Yards & Rifle Assembly Time
  107. 44:32Actual Sniper vs. Planted Rifle
  108. 44:45Disconnect: Motive vs. Execution
  109. 45:09Getting Out of Dodge Scenario
  110. 45:29Multiple Shooters vs. Single Crazy Dude
  111. 45:41Was the Guy on the Roof In On It?
  112. 45:49Maroon Shirt Meaning
  113. 46:00Guy on Roof Not Taking Shot
  114. 46:09Videos of Someone Running Off Roof
  115. 46:26Caliber Speculation
  116. 46:33Microphone Explosive vs. Bullet
  117. 46:43Technology & Spy Stuff
  118. 46:48Why Kill Charlie Kirk?
  119. 46:56Evidence of Conspiracy is Lack of Evidence
  120. 47:0430-06 vs. Neck Destruction
  121. 47:09Ex-Military Firearm Guy's Experience
  122. 47:17Why Switch Calibers?
  123. 47:46Reason for Conspiracy Existence
  124. 48:0030-06 vs. 223 Ballistics
  125. 48:27FBI Claiming 30-06 vs. 223 Bullet
  126. 48:41Grandpa's Rifle vs. Government Issue
  127. 49:04Omnia Energy Drink & Normal Behavior
  128. 49:11Spy Stuff & Wrong Gun
  129. 49:39Motive Theory & Framing Jimmy
  130. 50:0030-06 Ballistics Test Videos
  131. 50:18Bullets Do Funny Things
  132. 50:2244 Magnum Through Sunroof Incident
  133. 50:54Aiming High & Bullet Velocity
  134. 51:04Missed Shot & Another Caliber
  135. 51:06ISS Falling Around Earth
  136. 51:37Not Funny & Serious Discussion
  137. 51:44Not a 30-06
  138. 51:57What Happened? Second Shooter?
  139. 52:02Second Shooter with 223
  140. 52:04Microphone Gun
  141. 52:05Smaller Caliber?
  142. 52:10Conviction & What Else Was It?
  143. 52:18Government Ability to Kill
  144. 52:44Screw Up the 30-06?
  145. 52:49Sewing Discourse on Purpose
  146. 53:08SF Guy Shot 19 Times with AK
  147. 53:53Living Through 19 AK Shots
  148. 54:097.62x39 Damage
  149. 54:377.62x39 vs. 30-06 Damage
  150. 55:20Samuel Whitmore Story
  151. 56:13Samuel Whitmore: The American Eagle
  152. 56:27Segue to Current Topics
  153. 56:36Google Search & AI

Frequently Asked Questions

Can I legally buy a gun if I use marijuana?

Under current federal law, if you use marijuana, whether medically or recreationally, you are considered a prohibited person and cannot legally purchase or possess a firearm. This is due to marijuana's classification as a Schedule I drug by Congress, and state laws do not override this federal prohibition.

What is the significance of marijuana being a Schedule I drug for gun ownership?

As a Schedule I drug, marijuana is considered to have a high potential for abuse and no accepted medical use, placing it in the same category as substances like heroin and LSD. Federal law prohibits individuals who use Schedule I drugs from possessing firearms, making it a disqualifying factor for gun purchases.

Can an executive order change the law on marijuana and gun ownership?

While an executive order might reclassify marijuana to a Schedule III drug, it does not change the underlying federal law passed by Congress that prohibits marijuana users from owning firearms. Only Congress has the authority to amend the law that established marijuana's Schedule I status.

What are the implications of the new NFA system?

The new National Firearms Act (NFA) system, effective January 1st, introduces a zero-cost tax stamp for certain regulated items such as Short-Barreled Rifles (SBRs) and suppressors. This change aims to streamline the process for acquiring these types of firearms.

Is AI-generated content reliable for firearms law information?

No, AI-generated content regarding firearms laws, such as the legality of certain accessories or specific state regulations, should not be relied upon as definitive. These systems can produce inaccurate information, and it's crucial to consult official sources or legal professionals for accurate guidance.

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