Almost as if on queue with our last post on the topic (Medical Marijuana in Pennsylvania and Gun Rights), the Bureau of Alcohol, Tobacco, Firearms and Explosives (BAFTE) just this past Friday 4/8/2016) issued a proposed change to the ATF 4473 that makes clear what we wrote about in that blog. The draft language reads as follows:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Again, this is just a draft. It doesn’t change the ATF’s prior position as announced in the 2011 industry circular. It just helps not to make accidental criminals out of patients. The comment period is set for 90 days. The entire proposed revision of the 4473 can be seen here: https://www.atf.gov/resource-center/docs/form-example-firearms-transaction-record/download