Comment on FR Doc # 2026-01141
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Summary: The commenter supports updating the rules regarding unlawful users of controlled substances to protect public safety. However, they argue that the proposed changes should be more restrictive to align with recent Supreme Court precedents, specifically advocating that only individuals who are currently impaired or judicially determined to be dangerous should be barred from firearm ownership.
I support updating the rules on unlawful users for Form 4473 to better protect public safety. However, in light of today's SCOTUS decision in the Hemani case, the changes should go further. Using marijuana or other drugs every other day does not make someone an 'unlawful user' under the ruling. Occasional or non-intoxicated use isn't grounds for automatic disarmament without due process in court.
Just like old public drunkenness laws required actual impairment or proven danger, ATF must follow the Court's guidance: no restrictions based on pre-crime assumptions. Agencies shouldn't ask questions on the form that overreach constitutional limits or turn honest answers into felonies. Respect the Second Amendment and today's precedent—focus only on those currently impaired or judicially determined to be unusually dangerous.