New 4473 in the Mary Jane states....

alinwa said:
And he asks me....."how do I answer this?"

What do you tell him?
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I'll tell them to read the question and answer the way they see fit. I will not tell them to lie. Further, if a friend of mine that I know smokes asks me to transfer a firearm I will tell them that I can't in good conscience do that because I know that the fed's intent is to say use of marijuana is illegal. I will not take the chance of losing my FFL.

Just last week the ATF was here to go over my FFL application as I'd refiled to change from an LLC to a sole proprietorship. I had just received the update 4473 the day before and I asked about it. She simply said they'd changed the wording to explicitly state that marijuana use is still federally illegal regardless of state law. If anyone checks yes to that box they will be denied.

"if you loan a shotgun to your bro-in-law for a spring turkey hunt you must go find an FFL and call in a background check on them first..."
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We have the same law here in Colorado now.
 
In my line of work I can get drug tested any day. The Coast Guard has already sent out a ruling that I Live in California, will not work for not passing a drug test. A federal license goes by federal laws.
 
would you expect and thing different ?
a fed lic, and a fed agency...they care very little about state laws.

sdean said:
In my line of work I can get drug tested any day. The Coast Guard has already sent out a ruling that I Live in California, will not work for not passing a drug test. A federal license goes by federal laws.
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My State of residence passed it

BUT, I do not see anything good coming from legalizing something that is being or has been banned almost everywhere; SMOKING! What good can come from anyone inhaling any smoke? It's bad enough that alcohol is legal :). I wonder how many generations will go by before the destructive 60's are finally forgotten?

Pete
 
make no mistake, weed is very additive as one of my oldest friends is hopelessly addicted to it. when he doesnt have any he goes into withdraw. Danny is a great soul, but time has taken its tole and its hard for me to even be around my friend much anymore. High or otherwise he isnt the same man he once was. Lee
 
Stupid me! I've got a copy of the form and will read it. Seems at first blush that the dealer is taking a risk that the buyer answered the questions correctly. Again, I'll read it through a couple of times and see if that's right.
 
It seems that the seller is only verifying that the form is filled out completely. Am I correct that the law enforcement, whatever that is, either approves or denies the sale/transfer? The form itself is pretty much black and white.

Jackie is right about not paying your taxes...unless you want to pay more than just your taxes.
 
I just noticed

Every one, including me, on this thread except for two has "Registered User" printed under their name. Yikes, no more guns for us. Tim
 
Wilbur said:
Am I correct that the law enforcement, whatever that is, either approves or denies the sale/transfer?
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An FFL holder must run a background check on the applicant and only transfer the firearm if that is approved. Law enforcement does not review the form and approve the sale based on how the applicant answers. It is up to the FFL holder to recognize that an applicant is not approved based on how they answer the questions.
 
you never grab the hooka...
you are never in posession..
it sits on the floor or table.

no where near the same as having a baggie of weed in your hand..that is posession.

Roger T said:
The moment you grab that hooka you're in possesion...No different than the baggie with the weed in it.
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parshal said:
An FFL holder must run a background check on the applicant and only transfer the firearm if that is approved. Law enforcement does not review the form and approve the sale based on how the applicant answers. It is up to the FFL holder to recognize that an applicant is not approved based on how they answer the questions.
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WHAT??? Where did THIS come from?

Absolutely NOTHING is "up to the FFL holder".......the FFL holder has one function, make the call to the FBI, the FBI approves/denies and the FFL holder passes on the info. I will argue with the FBI, I will and do record the conversation(s), many of them, and will absolutely not hang up the phone until resolution is achieved but I will never pass any judgement on the buyer.

period.

FFL holders are not required to assess the prospective buyer, ask any questions, NOR EVEN ADVISE the prospective buyer how to answer......in point of fact, as the OP, my original question was unclear in this regard. I was just using the question to make a point. In actuality if a prospective buyer looks at me and asks "how should I answer this?" I am required by law to NOT advise them although I can point them to rule of law if it's clear.

My point is that THE VERBIAGE is unclear, and the law is contradictory.

About 10yrs ago the federal government tried to recruit all us employers as NSA agents.....they sent out mass verbiage telling us we "had to assess whether or not people were legal" and I nearly blew a gasket. We got the new rulings rescinded within 6mo.
 
The last background check I ran online didn't ask me to input the answers from the form 4473. I'd never have even run the check had the applicant said yes to the question.
 
parshal said:
The last background check I ran online didn't ask me to input the answers from the form 4473. I'd never have even run the check had the applicant said yes to the question.
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And at Walmart they have the buyer fill out his own and hit the send button.....
 
CMaier said:
you never grab the hooka...
you are never in posession..
it sits on the floor or table.

no where near the same as having a baggie of weed in your hand..that is posession.
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...and the tube that you puff on is attached to What..Nothing ?????? Yah OK .....:confused:
 
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