I'd sure like to see that statute.
How do they determine that without a conviction for the "unlawful" act?.
It takes a felony conviction to lose your right to possess a handgun here. Most states are a mere misdemeanor for usage or possession of pot, aren't they?
I'd sure like to see that statute.
http://www.gpo.gov/fdsys/pkg/USCODE-2009-title18/html/USCODE-2009-title18-partI-chap44.htm
"(d) It shall be 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"(3) is an unlawful user of or addicted to any controlled substance (as defined in section [8]02 of the Controlled Substances Act (21 U.S.C. 802));"
http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/html/USCODE-2010-title21-chap13.htm
802 Definitions"(6) The term controlled substance means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter."
812. Schedules of controlled substances
Schedule I
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(10) Marihuana.
The Federal Government does not recognize "Medical Marijuana" as a legitimate medical treatment.
(g) It shall be unlawful for any person - ...(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.
The cite Y-Yo provided was a prohibition on transfer, this one is a prohibition on possession.
-- It takes a felony conviction to lose your right to possess a handgun here. --
That or a misdemeanor Domestic Violence convction (18 USC 922(g)(9)), or under a restraining order pertaining to a family member (18 USC 922(g)(8)).
Isn’t this up to the individual states? I believe that here in California, if you have been drinking and are carrying a weapon, you can lose your permit. Not sure of this, but if you are on drugs, wouldn’t the same rule apply?