Comment on FR Doc # 2026-09182
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Summary: The commenter argues that Question 21(f) on Form 4473 should be revised to align with the court's decision in US v. Hemani. They suggest that the current wording, which prohibits firearm ownership for any unlawful user of marijuana, is inconsistent with recent legal rulings and should be updated to reflect those specific circumstances.
Question 21(f) on Form 4473 currently asks whether the applicant is "an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance." Further down, the form states that "a person who answers 'yes' to any of the questions 21.b. through 21.l. as well as 21.n. is prohibited from receiving, possessing, or purchasing a firearm."
Thus, currently, an applicant who self reports that they are an unlawful user of marijuana (which is any user of marijuana) is prohibited from purchasing a firearm. This prohibition is at odds with the recent holding in US v. Hemani. This question should be altered to reflect the court's decision that, under certain circumstances, unlawful users of marijuana cannot be prohibited form gun ownership solely because of their unlawful use of marijuana.