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Old 09-27-2011, 11:42 PM
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Default ATF Open Letter: BATFE On Guns And Weed

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September 27th, 2011
ATF Open Letter: BATFE On Guns And Weed


U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Washington DC 20226

September 21, 2011

ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives

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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received a number of inquiries regarding the use of marijuana for medicinal purposes [1] and its applicability to Federal firearms laws. The purpose of this open letter is to provide guidance on the issue and to assist you, a Federal firearms licensee, in complying with Federal firearms laws and regulations.

A number of States have passed legislation allowing under State law the use or possession of marijuana for medicinal purposes, and some of these States issue a card authorizing the holder to use or possess marijuana under State law. During a firearms transaction, a potential transferee may advise you that he or she is a user of medical marijuana, or present a medical marijuana card as identification or proof of residency.

As you know, Federal law, 18 U.S. C.*922(g)(3), prohibits any person 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))” from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law. Further, Federal law, 18 U.S. C. *922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance. As provided by 27 C.F. R. *478.11, “an inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or pattern of use or possession that reasonably covers the present time.”

Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition. Such persons should answer “yes” to question 11.e. on ATF Form 4473 (August 2008), Firearms Transaction Record, and you may not transfer firearms or ammunition to them. Further, if you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have “reasonable cause to believe” that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person, even if the person answered “no” to question 11.e. on ATF Form 4473.

ATF is committed to assisting you in complying with Federal firearms laws. If you have any questions, please contact ATF’s Firearms Industry Programs Branch at (202) 648-7190.

Arthur Herbert

Assistant Director

Enforcement Programs and Services

[1} The Federal government does not recognize marijuana as a medicine. The FDA has determined that marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and lacks an accepted level of safety for use under medical supervision. See 66 Fed. Reg. 20052 (2001). This Open Letter will use the terms “medical use” or “for medical purposes” with the understanding that such use is not sanctioned by the federal agency charged with determining what substances are safe and effective as medicines.

__________________________________________________ ________________

[emphasis in original] Pdf for this open letter from ATF is here:

http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf

Salutes to Gary Marbut of Montana Shooting Sports Association and to Don Doig of the Fully Informed Jury Association for fetching this one.


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Elias Alias Says:

September 27th, 2011 at 1:30 am

Aside from being an obvious Tenth Amendment issue and significant Second Amendment issue, this Federal philosophy presumes the public sector does not know the truth about the skewed “scientific” findings which were used to have marijuana classified as the same kind of drug as heroin or cocaine. That is one thing. Another thing with gravity is the fact that body ownership by the human self, the individual who entered this world with unalienable rights, precludes and eliminates any man-made government entity claiming ownership over one’s physical body. Same goes for one’s mind. They come with each human born into this world, from a higher source than any man-made government. So say this nation’s founders and the creators of the draft which gave birth to the General (Federal) government.

So I’ve a note to pin on the wall of each State which has in its own sovereignty honored the voice of its citizenry and compassionately relaxed restrictions on the employment of medical marijuana as a lawful activity among the people themselves. In Montana there are almost forty thousand registered, card-carrying marijuana users. A State-wide referendum recovered the right of the people to choose their herbal preference in relief of various types of pain, both physically and psychologically, iirc. But then the 2011 session of the State legislature literally had the gumption to overturn the popular referendum – and even at the very moment the legislature was contemplating the issue a series of SWAT-styled raids were orchestrated by a multitude of Federal agencies and State and County “task forces” raiding in tandem – shutting down more than eleven medical marijuana care-giving growing operations in a fell Federal swoop across the State. On the very morning the legislature was debating a proposed law which would overturn the people’s referendum. It was insanity, and still is. A lot of good Montanans got hurt, some badly, at the bank. Jobs were lost overnight. The Feds simply spat and swore that the Federal government owns the State of Montana and the Federal government doesn’t care one whit what the people of Montana vote for, or think. Fedgov by God has the power, and must demonstrate it to reassert its victory in the War between the States. Federal law, whether constitutionally valid or not, must trump State law as the more powerful sovereign overcomes the lesser sovereign – the Federal authority would swallow up the State sovereignty.

I bring that up for this reason – there are now almost forty thousand law-abiding citizens of Montana who are currently registered as users of medical marijuana, and the Open Letter you just read above clearly states that in registering as a user of medical marijuana each card holder has lost his right to own or possess firearms. Not only that, the same hapless and now “rightless” citizens, who were law abiding citizens under State law, are now subject to be scrutinized by the DEA as suspects in violation of Federal drug laws. To honor Montana law, and duly register under the law, each citizen who registered and received a medical marijuana card unwittingly turned himself into the ATF and DEA as a probable-cause prompted investigation. Forty thousand citizens to be investigated by DEA and cross-referenced with ATF. And as I’ve written elsewhere, all of those databases are interfaced through the Department of Homeland Security and its Fusion centers.

The will of the people of Montana voted with a handy margin of victory to allow the use of medical marijuana in Montana. The so-called “conservative” 2011 legislature (which turned out to be neo-con RINOs and Progressive liberals) overturned the popular will by passing a law which has destroyed the producers of the marijuana for the most part, and the Feds moved in that same day to introduce Federal superiority over State law under any circumstance.

That is exactly the same thing that ATF did to challenge the Montana Firearms Freedom Act of 2009, which is now on its way to the Supreme Court and hopefully will arrive intact and be awarded a decision. The ATF wrote each Montana FFL a uniform letter similar to the letter above and made it clear that Federal law trumps State law. This stands the founders on their illustrious heads. I say that because thirteen sovereign nation-State Republics, each with its own Constitution under the Articles of Confederation, came together in compact and created the General (Federal)government. In other words, the States, acting on behalf of their respective peoples, created the Federal mechanism and enumerated its limited powers while retaining each State unto itself its own rightful sovereignty, into which the General government could not legitimately intrude. That is history, and that is un-debatable. As John C. Calhoun put it,

“The error is in the assumption that the General government was party to the compact.”

So what the ATF is saying above is that not only the ATF, but also the Federal authority itself, from which ATF claims to derive its own authority, is now packed with Oath breaking treacherous psychopaths hell-bent on snaring the American people in a massively developed military-police state named Federal Supremacy which gorges itself by devouring the unalienable rights of the people who own it, and to do this, that very government which they created now usurps the autonomy and sovereignty of each State in the compact to totally achieve the ultimate consolidation and concentration of power – enough power to dominate the world and tax the middle class out of existence to pay for it all.

Is Federal power pushing aggressively now to subdue the American middle-class?

Or not?

Salute!
Elias

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Old 09-28-2011, 12:44 AM
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After reading this I've gotten so ballistic I can't see straight. blood pressure through the roof, must now have a double dose of a Phoenix tear.
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Old 09-28-2011, 01:06 AM
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Any law which is repugnant to the Constitution is VOID!
Marbury V Maddison
US Supreme Court

Don't let yer blood boil donb, figure out how you can protect yourself from the tyranny imposed upon you by your government.
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Old 09-28-2011, 05:47 AM
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Quote:
Originally Posted by donb View Post
must now have a double dose of a Phoenix tear.
Yummi
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