Illegal for drug users to own guns?

[rivit]

I read this today:

The indictment says that Kennedy’s possession of the weapons and ammunition is illegal because federal agents determined that he is a drug user, and users are prohibited from owning either.

and it raised a red flag with me. However, it’s from the Washington Post which definitely raises the credibility factor. So, what’s the Dope?

Does a person have to have a drug conviction? Is it retroactive to any point in time (i.e. is anyone who smoked up in college and buys a gun later in life breaking the law)? What are the penalties if a drug user is found to have a valid permit and properly registered and secured gun?

[muldoonthief]

According to the ATF FAQ:

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who –

…

(3) Is an unlawful user of or addicted to any controlled substance;

…

[muldoonthief]

Sorry, hit post too soon.

I’d hazard a guess that the use of the word “Is” rather than “Is or has ever been” puts you in the clear if you smoked a few joints in college.

If you’ve been convicted of a crime, you may run afoul of one of the other disqualifications:

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

That applies if the crime was punishable by a 1 year sentence - even if you personally only got 30 days or even a fine.

[Duke_of_Rat]

The DA here was busted for possession of controlled substances (meth and coke) and had guns in his possession when he was busted. IIRC, the gun possession was illegal because he was in possession of/addicted to drugs.

Not sure about the veracity of this cite, it was just one of the first ones that popped up, I’m sure there’s enough information to make a more thorough search.

Three weeks ago, we reported on West Texas District Attorney Rick Roach, who was arrested at the Gray County courthouse in Pampa on January 11 and charged with possession of methamphetamine, possession of cocaine with intent to deliver, possession of methamphetamine with intent to deliver, and possession of weapon by a drug addict.

(bolding mine)
From Here

[Scruloose]

@muldoonthief

I’d hazard a guess that the use of the word “Is” rather than “Is or has ever been” puts you in the clear if you smoked a few joints in college.

So, it really comes down to what the definition of ‘is’ is. Heh.

This raises an interesting question that I’ve raised before and I’d love to hear from our legal eagles on this. I actually put this question to the local ATF office once, as I sometimes encounter firearms during the course of my job. Specifically, I wanted to know what exactly constitutes “user of drugs”. Does that mean conviction of a drug use related crime? Does that mean use without charges or conviction? Does that mean using currently, as in they’re high right now? What about last week? Last year? The ATF’s answer: Yes.

Well, not knowing anything about who works for the ATF, I accepted their answer with a huge grain of salt. Like I said, I’d love to hear from some of our legal types.
The actual CFR cite states:
(3) 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),

21 USC 802 defines addict, but it doesn’t define ‘Is an unlawful user’. Or even ‘user’ for that matter. Perhaps there is no threshold and the courts have yet to rule on it?

[Madd_Maxx]

I legally have guns for hunting, but no handguns. If I were busted for having a joint while at home and I have my guns stored at home, but they are not involved in the drug arrest would I be charged with the gun crime as well?