Dysfunctional
.270 WIN
Increasingly, there are more and more individuals who are “prohibited persons” for non-violent reasons -- for instance, they smoke marijuana. Anyone who smokes marijuana is “an unlawful user of ... any controlled substance...” and is a prohibited person under 18 U.S.C. 922(d)(3) and (g)(3) from purchasing or possessing a gun.
The Leahy-Gillibrand-Kirk legislation (S. 443) was introduced on March 4 and is entitled the “Stop Illegal Trafficking in Firearms Act of 2013.” Sounds like a good idea on the surface. But, in fact, under section 4, if you even “intend” to sell a firearm to a person who turns out to be a marijuana smoker -- or one of the prohibited military veterans suffering from PTSD -- you become a prohibited person yourself. You don’t need to know the person is a prohibited person under either example. The recipient doesn’t need to know they’re a prohibited person. You don’t need to do anything more than plan (“conspire”) to procure the gun. The recipient doesn’t need to be on the NICS list to be a prohibited person. The “exceptions” in subsection (d) of 18 U.S.C. 932, under the Leahy-Gillibrand-Kirk bill, merely repeat the “negligence” standard.
If this bill is passed, any person who sells to such prohibited persons two or more firearms ... or gives them a firearm as a gift ... or raffles a firearm (where they are the recipient) ... does so only at the considerable risk of spending 15 years in a federal penitentiary.
http://www.gunowners.org/congress03062013.htm
Now...how does this fare with states that allow recreational and medicinal marijuana?
If state laws don't trump federal laws there are going to be a whole new gaggle of felons out there.
The Leahy-Gillibrand-Kirk legislation (S. 443) was introduced on March 4 and is entitled the “Stop Illegal Trafficking in Firearms Act of 2013.” Sounds like a good idea on the surface. But, in fact, under section 4, if you even “intend” to sell a firearm to a person who turns out to be a marijuana smoker -- or one of the prohibited military veterans suffering from PTSD -- you become a prohibited person yourself. You don’t need to know the person is a prohibited person under either example. The recipient doesn’t need to know they’re a prohibited person. You don’t need to do anything more than plan (“conspire”) to procure the gun. The recipient doesn’t need to be on the NICS list to be a prohibited person. The “exceptions” in subsection (d) of 18 U.S.C. 932, under the Leahy-Gillibrand-Kirk bill, merely repeat the “negligence” standard.
If this bill is passed, any person who sells to such prohibited persons two or more firearms ... or gives them a firearm as a gift ... or raffles a firearm (where they are the recipient) ... does so only at the considerable risk of spending 15 years in a federal penitentiary.
http://www.gunowners.org/congress03062013.htm
Now...how does this fare with states that allow recreational and medicinal marijuana?
If state laws don't trump federal laws there are going to be a whole new gaggle of felons out there.