As Kentucky prepares to implement its new medical cannabis law, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a warning that residents who register for the medical marijuana program are prohibited from owning or purchasing firearms under federal law.
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Matthew Bratcher, with Kentucky NORML, emphasized the importance of understanding the legal risks. "They definitely need to be aware of the risks. If you lie on the form, it’s federal perjury. If you get caught with it, it could be time in jail up to 10 years," Bratcher stated.
Although federal statutes prohibiting firearm ownership by marijuana users have been challenged in court, including recent rulings in Oklahoma and Texas declaring the law unconstitutional, these cases have not reached the Supreme Court. As a result, the federal law remains enforceable.
Bratcher advised individuals to seek legal counsel. "Talk to an attorney who specializes in firearms law who can help lay a path down. There might be an option to transfer the ownership of those weapons for some time, to someone else who can hold them," he suggested.
The ATF reiterated its position in a statement, explaining that any person using marijuana, regardless of state legalization for medical purposes, is considered an unlawful user of a controlled substance and prohibited from possessing firearms or ammunition under federal law.
To advocate for change, Bratcher encouraged residents to contact their federal representatives. "To push for change, we need to let our federal representatives in Washington know that this is how we feel. Reach out to your state rep, your senator, let them know this is something we want to see done."
Additionally, Bratcher cautioned that gun dealers could face charges for knowingly selling firearms to medical marijuana cardholders and users.
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