Form 4473

People in states that allow either recreational or medical marijuana use are going to face big problems from the new form 4473, which apparently makes it a crime to purchase a gun if you use marijuana. If marijuana users aren't allowed to purchase guns, does that mean law enforcement could take a gun or guns away from someone if they know that individual uses marijuana? Here's a link to a Portland Press story about the new form 4473.

Law-abiding citizens who turn in their guns, or don't purchase them because of this new question on the form 4473, will be helpless against the real criminals. Anyone can get a gun, whether it be through a friend, or through a failed background check as shown below. Pete had been labeled a felon, due to a conviction in 1981, but was still approved in 2003 to purchase a gun.

From the U.S. Supreme Court decision Alden v. Maine, "the original understanding of the Constitution's structure and the terms of the tenth amendment confirm that states retained much of their sovereignty despite their agreeing that the national government would be supreme when exercising its enumerated powers."

Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Double Jeopardy...or worse.

Maine Game Wardens should never have seized our family's guns just because of Pete's decades old conviction in 1981 when he was 18 or 19 years old. That's like double jeopardy (prosecution twice for the same offense), only you don't get tried the second time...only convicted.

I asked for Intervenor status, as well as for there to be a hearing (called a Frank's hearing) to challenge the search warrant after the wardens, assisted by other law enforcement, came to our home and confiscated all of my family's guns in April of 2011. Most of the guns, probably all of them, were purchased during our marriage and are marital property.

So, a hearing was scheduled in 2013, but I was never notified of the hearing date by the court, apparently because I wasn't granted intervenor status. And though Pete and his attorney were notified, since Pete wanted to get things over with, he never told me. And neither he or his court-appointed attorney went to the hearing, so my motion was dismissed.

Pete ended up agreeing to a plea bargain for the supposed crime of being a felon in possession of firearms. He spent a week in jail, probably has another felon on his record, lost his guns to the state, has to pay a fine, and can't hunt with a gun, nor have one in our home for our protection. Oh, I can have one if I don't allow him possession of it apparently...come on.

The new form 4473 has a question on it, 11.e., which asks the applicant about marijuana use. Despite that your state may have legalized it for recreational use, or even if you have been prescribed marijuana for medical use, you will not be able to legally purchase a gun if you use marijuana. Here's a link to the form: Firearms Transaction Record, that was revised in October of 2016 and has been in use since mid January 2017.