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Reply #57: Bad idea. The existing law does not say that anyone who ever in their life used drugs is prohibited [View All]

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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-18-11 07:28 PM
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57. Bad idea. The existing law does not say that anyone who ever in their life used drugs is prohibited
...from buying a gun.

Here is the applicable language from the United States Code:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition

--- snip ---

(3) 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));

--- snip ---

(6) who <2> has been discharged from the Armed Forces under dishonorable conditions;

...


This comes down to what the definition of "is" is. Someone may have used a drug unlawfully in the past, or even have been a habitual unlawful user of a drug, and not be one right now.

A person who has been discharged dishonorably from the military for drug use would of course be prohibited.
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