13 June 2023
TOPEKA (KSNT) – If you’ve purchased a firearm in Kansas, you’ve likely been asked if you’re a user or addicted to marijuana, any depressant, stimulant or narcotic. The question has deeper federal implications.
If you purchase a firearm at a gun store you will be presented with a Firearm Transaction Record Form 4473. On the form, question 21. g. asks if you’re a user or are addicted to a controlled substance.
Federal law outlines controlled substances as not limited to marijuana, depressants, stimulants and narcotics, according to Cornell Law School.
Under the federal Gun Control Act 18 U.S.C. ยง 922(g), certain people trying to transport, receive or possess a firearm or ammunition have broken the law if they’re an unlawful user or are addicted to any controlled substances.
“You can see in both the federal statutes and the state statutes a violation requires the person to be an ‘unlawful’ user of controlled drugs,” Legislative Liaison for the Kansas Association of Police Chiefs Ed Klumpp said. “So as long as the person was possessing a drug provided with a prescription they would not be possessing it unlawfully. With that said, you should note that marijuana is not provided by a prescription in most states that have legalized it. Prescriptions are for pharmaceutical drugs not in Schedule I of the drug schedules. Marijuana is a Schedule I drug.”
Federal punishment for possession of a controlled substance while in possession of a firearm is federally punishable by up to 10 years of imprisonment. Offenders who have three or more prior convictions for felony crimes can face a minimum sentence of 15 years without parole, according to Alcohol Tobacco and Firearms (ATF) Public and Governmental Affairs Public Relations Officer John E. Ham.
“Any firearm owner who uses a prescription medication considered a controlled substance or capable of altering or affecting judgment should consult with an attorney or refer to resources provided by US LawShield or another reputable legal defense organization prior to carrying a firearm to ensure that they are not in violation of any legal requirements,” Kansas State Rifle Association Executive Director Moriah Day said.
Even in states where marijuana is legal, federal requirements for gun ownership supersede state laws.
A letter from the U.S. Department of Justice clarified the topic in 2011. The letter addressed a number of inquiries regarding the use of medical marijuana. “There are no exceptions in federal law for marijuana purportedly used for medical purposes, even if such use is sanctioned by state law,” the letter said.
“Carrying a firearm is a significant responsibility and should never be treated lightly,” Day said. “If an individual is under the influence of any substance or their judgment is not clear, they have a responsibility to themselves and those around them that extends beyond any legal requirements not to carry a firearm, operate a motor vehicle, or use other similar tools that are potentially dangerous.”
Kansas law is less restrictive than federal law regarding the possession of firearms by unlawful drug users, Klumpp said.
“If there is an immediate arrest,” Klumpp said. “It would initially be based on a violation of state law. That arrest would typically be for some other crime the person is alleged to have committed and not for possessing a firearm as an unlawful user of controlled substances.”
Klumpp outlined the Kansas state laws regarding controlled substances and firearm possession:
KSA 21-6301 (a)(10) – Class B misdemeanor
possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance.
KSA 21-6332 – Class A misdemeanor
Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person’s immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm.