Texas-Book-Gun Law Armed And Educated - Flipbook - Page 103
committed. A fugitive from justice may also be a person who goes
into hiding to avoid facing charges for the crime of which he or she
is accused. Such individuals are not eligible to purchase or possess
firearms.
4. Unlawful users of or persons addicted to drugs are disqualified
from purchasing firearms
Federal law is very broad in that it disqualifies persons from
the purchase of firearms if they are either users of or addicted
to marijuana or any depressant, stimulant, narcotic drug, or any
controlled substance. Under federal law, an “addict” is defined as
a person that “habitually uses any narcotic so as to endanger the
public morals, health, safety, or welfare, or who is so far addicted
to the use of narcotic drugs as to have lost the power of self-control
with reference to his addiction.” See 21 U.S.C. § 802(1). However,
in using the terms “users of,” no such frequency or dependence
seems contemplated in the words, nor did Congress give further
guidance. Illegal users and addicts are prohibited from purchasing
firearms from any person under federal law, and are likewise
prohibited from possessing firearms. See 18 U.S.C. § 922(d) and
(g). In late 2016, the ATF felt compelled to revise its Form 4473 to
include the following statement in bold lettering:
WARNING: THE USE OR POSSESSION OF MARIJUANA REMAINS
UNLAWFUL UNDER FEDERAL LAW REGARDLESS OF WHETHER
IT HAS BEEN LEGALIZED OR DECRIMINALIZED FOR MEDICAL OR
RECREATIONAL PURPOSES IN THE STATE WHERE YOU RESIDE.
This has caused a great amount of concern as to whether or not
a person who holds a prescription or license to buy marijuana is
automatically prohibited from purchasing or possessing firearms.
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