Comment on FR Doc # 2026-09182

Anonymous AnonymousSupportIndividual
Summary: The commenter supports updating the background check questionnaire to reflect the United States v. Hemani decision, arguing that law-abiding medical marijuana patients should not be dispossessed of their firearm rights. They contend that the current system unfairly penalizes honest citizens while relying on an unverifiable self-reporting system.
Dispossessing law-abiding citizens of their right to bear arms simply because the federal drug schedule has failed to catch up with modern science and medicine is wrong and needs to change. The ATF needs to update the background check questionnaire to reflect the decision in United States v. Hemani. The current federal ban on medical marijuana patients possessing firearms is counterintuitive in the first place. Since FFL dealers do not administer drug tests during a background check, the system relies entirely on self-reporting which creates an unverifiable honor system where bad actors can simply lie, while honest citizens are penalized. Individuals who go through an evaluation by a licensed physician to obtain a medical marijuana prescription are, by definition, trying to follow the law. It makes no sense for someone trying to access state-sanctioned legal medicine to be denied their rights, especially when doing so puts them on an official record knowing they risk losing those rights. I am a firm believer in common-sense gun control, such as keeping firearms out of the hands of domestic abusers, convicted felons, and illicit recreational drug users/traffickers. However, depriving law-abiding citizens of their second amendment rights because of the prescription medication they take is wrong and does nothing to increase public safety.

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