So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

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Suck My Glock
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So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#1

Post by Suck My Glock »

This doesn't apply to me, as I have never touched the weed;...but it raises a question in my mind. My understanding is that upon receiving a pardon, supposedly for how it applies to gun ownership, it is as if you were never convicted in the first place and you have full gun rights. However,...doesn't the 4473 and ATF assume that if you have EVER been a user you are assumed to ALWAYS be an addict and prohibited?

So I'm curious how this will play out for newly pardoned folks who benefit from this. Will ATF still prosecute them if they do not identify on a 4473 that they are an addict?


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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#2

Post by kenpoprofessor »

https://www.atf.gov/firearms/docs/4473- ... 9/download


Seems to be you have "to be" a user, meaning "currently". If it don't apply, the answer is no.

Have a great, gun carryin', Kenpo day

Clyde
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#3

Post by kptaylor »

I'd imagine it has no impact on the 4473 as you say. Until Congress and the President decide to legalize it and change the 4473 you'd still be required to disclose usage and be prohibited. (And liable for prosecution.)
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#4

Post by MarkItZero »

I doubt ATF will ever voluntarily shrink the number of prohibited possessors. The new 4473 has wording in bold that says even if your marijuana use is state legal you cannot take possession of the gun.

So unless/until federal legalization pot users are legally barred from firearms.
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#5

Post by SupportTheSecond »

The vote buying is in full steam ahead mode for oatmeal brains.
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#6

Post by MarkItZero »

Although I'm not sure how this federal ruling is working

https://apnews.com/article/us-supreme-c ... 20Harrison
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#7

Post by Suck My Glock »

MarkItZero wrote: December 23rd, 2023, 11:04 am Although I'm not sure how this federal ruling is working

https://apnews.com/article/us-supreme-c ... 20Harrison
I was waiting for someone to bring that up.

And of course, it looks like Hunter is going to bring that up in his trial.
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#8

Post by Darrol »

I'd be more interested in if they can receive public assistance for education again. A marijuana (or any drug) conviction can derail one's life in a multitude of ways.
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#9

Post by Gatsby »

The pardon is only for people with federal convictions for simple possession and won't really impact very many people. He is asking governors to do the same for state level convictions.
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Re: So Biden just pardoned a bunch of pot possessors - can they now own guns with a pardon?

#10

Post by MarkItZero »

Gatsby wrote: December 24th, 2023, 3:52 am The pardon is only for people with federal convictions for simple possession and won't really impact very many people. He is asking governors to do the same for state level convictions.
I think all Arizona marijuana convictions are eligible for state expungement now. Which should restore your rights, assuming it wad the only conviction?
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