Colorado has made news in recent weeks for pretty much decriminalizing marijuana, and they’ve made news in the last year for working to criminalize and infringe upon citizens’ right to keep and bear arms.
But federal law may have already done those forces wanting to disarm Coloradans a big favor, as anyone who’s filled out a Form 4473 to buy a gun already knows from question 11.e.:
18 USC 922(g)(3) is the law that provides the basis for that question, and defines a person prohibited from owning a firearm thusly:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 USC 922(g) is a bit long, especially in contrast to “shall not be infringed”, so it isn’t all that surprising that it would be overlooked.
21 USC 802 still lists marijuana as a controlled substance and illegal narcotic, thus every user in Colorado is an unlawful user under federal law – and thus their right to own a firearm is abrogated.
The penalty for toking up and owning a gun? 10 years and a $250,000 fine.
You can claim the right to put what you want in your body, but it now comes at the expense of the fedgov denying you your right to protect yourself from harm. And unlike drug laws, which the Obama administration has chosen to slack off on their duty to enforce, they choose to enforce gun laws though creation of crime, and with Fast and Furious went out of their way to murder people in other nations just so they could go after citizens’ rights in the US.
Judging their actions, this administration is certainly not a fan of pot rights, though it may find it convenient to hop on the bandwagon and have a large section of the population of the state thankful for being able to blaze away their troubles and worries created by this adminstration’s other decisions.
The current administration has made it abundantly clear that they don’t care for citizens with guns and plan on using backdoor “executive actions”, and doubtless they’ll use Colorado’s new decriminalization of marijuana as a means to use federal laws against stoners with guns.
Stoner guns especially.
*Just to be totally accurate, there are about four people in the US who could both smoke pot in Colorado and still own a gun, because it’s contingent on federally legal use. But Irvin Rosenfeld lives on the east coast, not Colorado.