Tom Gresham's Gun Talk: 10.30.16 - The After Show

Published on October 31, 2016
Duration: 34:17

This episode of Gun Talk After Show delves into complex legal intersections, particularly concerning medical marijuana use and firearm ownership. It highlights the conflict between state-level legalization of marijuana and federal prohibition, creating a dilemma for individuals filling out the ATF Form 4473. The discussion also touches upon how certain prescription medications can invalidate concealed carry permits, emphasizing the need for individuals to research specific state laws and regulations to avoid legal repercussions. The program stresses the importance of understanding these nuances to remain compliant with firearm laws.

Quick Summary

Federal law prohibits individuals who are unlawful users of or addicted to any controlled substance from purchasing firearms. Even if medical marijuana is legal in your state, federal law still classifies it as a controlled substance, potentially making you a prohibited person. Answering truthfully on the ATF Form 4473 about marijuana use could lead to denial of your firearm purchase.

Chapters

  1. 05:00Caller Ray: Medical Marijuana & 4473 Dilemma
  2. 07:44Federal vs. State Marijuana Laws
  3. 09:20Prescription Drugs & Concealed Carry Permits
  4. 11:12Interstate Travel & Firearm Laws
  5. 15:16Gun Purchases & Political Climate
  6. 20:12Dick's Sporting Goods Delay Issue
  7. 26:29Store Policy vs. Federal Law
  8. 30:54Shopping for a Revolver

Frequently Asked Questions

Can I legally buy a gun if I use medical marijuana?

Federal law prohibits individuals who are unlawful users of or addicted to any controlled substance from purchasing firearms. Even if medical marijuana is legal in your state, federal law still classifies it as a controlled substance, potentially making you a prohibited person. Answering truthfully on the ATF Form 4473 about marijuana use could lead to denial of your firearm purchase.

What happens if I lie about marijuana use on the ATF Form 4473?

Lying on the ATF Form 4473 about your use of controlled substances, including marijuana, is a federal felony. This can lead to severe penalties, including hefty fines and imprisonment, and will result in a prohibition from owning firearms in the future.

Can my concealed carry permit be revoked if I take prescription medication?

Yes, in many states, certain prescription medications can invalidate your concealed carry permit. It is crucial to research your state's specific laws regarding prescription drug use and its impact on your permit. Failure to do so could mean carrying illegally, even with a valid permit.

What is the 72-hour rule for firearm purchases?

The 72-hour rule, often referred to as the Brady Handgun Violence Prevention Act, allows licensed firearm dealers to proceed with a sale if the FBI's National Instant Criminal Background Check System (NICS) does not provide a definitive response within three business days. However, individual store policies may differ, and they are not always obligated to sell if they have concerns.

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