Comment on FR Doc # 2026-01141
Anonymous AnonymousOtherIndividual
Summary: The commenter expresses a mixed position, acknowledging that the ATF's revision is a step in the right direction but arguing that it remains problematic. They argue that the definition should be more nuanced to account for varying levels of substance use and to ensure that safe, nonviolent individuals are not unfairly deprived of their Second Amendment rights.
Overall, while this change by the ATF is a step in the right direction by making the definition of an unlawful user of controlled substances clearer, it is still highly problematic due to the increasing state and local legalization and decriminalization of substances such as cannabis and psychedelics, which should not be used against safe and nonviolent individuals to unfairly deprive them of their constitutional rights to bear arms. Additionally, due to the level of variation of effect of each controlled substance and the means of their use, differentiation between different substances, depths of dependence and means of use are critical for ensuring that those who are not safe to possess firearms due to their substance use are prevented from doing so and that they are offered opportunities to prove their safety by accepting treatment and rehabilitation without preventing safe, rational individuals from possessing firearms based on overly broad criteria.