Comment on FR Doc # 2026-01141

I am the Operations Manager at a Federal Firearms Licensee (FFL). We believe this move by the ATF is the right move. However, we would like some clarification added for FFLs with regards to State Medical Marijuana cards specifically, and medical/recreational use of marijuana generally. FFLs are required to stop a transfer transaction if we know or have reason to know that the transferee is a prohibited person. In the past we have been advised that the presence of a Medical Marijuana card issued by a state gives us reason to know that the person is prohibited as an unlawful user of a controlled substance for a period of 1 year after the expiration date on the card. We as FFLs can be made aware of the presence of a medical marijuana card in any number of ways: the person could present it as proof of residency when the drivers license doesn't have the correct address; they could tell us they have the card when filling out a 4473 and are looking for clarification on question 21f, etc. Sometimes a problem arises when an individual in a state where marijuana use is legal (whether medical or recreational) believes that they should not be prohibited, becoming agitated when the FFL stops the transaction. First, does the ATFs new position on what constitutes a prohibited person regarding unlawful use change in any way how FFLs are expected to respond to the possession of a medical marijuana card by a transferee? Second, whether or not the expected response by FFLs has changed, we believe that the rule should clearly state whether or not the ATF believes this to be prohibiting, and for how long. This would give FFLs something concrete to point to when advising customers how we are conducting the transaction and why. Third, clarification on what an FFL can use to determine unlawful use and therefore stop a transaction will be helpful. For instance, would the odor of marijuana on a person, on its own, be a reasonable reason to stop a transaction? We understand ATF expects us to make judgement calls with regards to any particular transaction on any particular day; however, guidance with this would be helpful now, given the large number of states which allow marijuana use as a legal activity in at least some circumstances.