Saturday, January 28, 2012

Possessing Grandpa's old Mossberg Shotgun can land you 10 years in prison under Federal Law if you smoke Marijuana

According to Congress, a person that uses cannabis for medical purposes or otherwise (illegal under Federal Law) effectively forfeits their right to keep and bear arms under the 2nd Amendment. 18 U.S.C. § 922(g) prohibits specified categories of persons from shipping or transporting in interstate or foreign commerce or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce or from possessing, in or affecting interstate commerce, any firearm or ammunition. A violation of 922(g) can lead to a maximum term of 10 years imprisonment, unless the statutory enhancements of the Armed Career Criminal Act apply.

18 U.S.C. § 922(g) states:

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 shipped or transported in any interstate or foreign commerce.

David Sloane, AttorneyDFW-NORML Public Information Officer

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