Revising Definition of Unlawful User of or Addicted to Controlled Substance

The Firearms Policy Coalition and FPC Action Foundation support the ATF's decision to abandon a regulatory interpretation that disarmed individuals based on isolated evidence of drug use. However, they argue the final rule must go further by narrowing the definition of "unlawful user" to only include individuals with demonstrated incapacity or active intoxication, citing recent Supreme Court precedent.

GIFFORDS and Brady United Against Gun Violence oppose the ATF's interim final rule, arguing that it was issued without proper notice-and-comment procedures required by the APA and the Gun Control Act. They contend that the rule is arbitrary and capricious because it fails to consider safer, more nuanced alternatives that distinguish between different types and amounts of controlled substances.

The American Academy of Physician Associates (AAPA) supports the ATF's proposal to clarify the definition of "unlawful user of or addicted to controlled substance" to include those with valid prescriptions. They specifically request that the regulation be updated to include "other qualified healthcare professional (QHP)" to ensure that physician assistants (PAs), who are authorized to prescribe controlled substances in most states, are not unfairly penalized or delayed in purchasing firearms.

The American Association of Nurse Practitioners (AANP) supports the ATF's effort to clarify the definition of an unlawful user of controlled substances but requests specific language updates. They argue that the regulation should use the terms "licensed practitioner" and "prescribing practitioner" instead of "physician" to ensure that patients receiving lawful prescriptions from nurse practitioners are not incorrectly deemed unlawful users.

Everytown for Gun Safety Support Fund opposes the interim final rule because it weakens the federal drug prohibitor by removing clear regulatory inferences and adding confusing new criteria for determining drug addiction. They argue the rule complicates the NICS background check process, increases the risk of "default proceed" sales to prohibited persons, and poses a significant threat to public safety.

The National Shooting Sports Foundation (NSSF), a trade association for the firearms industry, supports the ATF's revised definition of "unlawful user of or addicted to controlled substance" as it aligns with court interpretations. However, they argue that the ATF should provide further specific guidance and refinements to ensure the definition complies with the *United States v. Hemani* decision and to help federal firearms licensees (FFLs) navigate complex legal and employment requirements.

SEARCH, a nonprofit organization representing state justice information systems, supports the ATF's updated guidance but argues it is currently insufficient due to a lack of specific, objective criteria. They request that the ATF provide clear definitions for terms like "recent" and "regular" use to ensure consistent nationwide application and reduce operational burdens on state agencies.

The commenter, an Operations Manager at a Federal Firearms Licensee (FFL), supports the ATF's move to revise the definition of an unlawful user of a controlled substance. They request specific clarifications regarding how FFLs should handle state-issued medical marijuana cards and whether factors like the odor of marijuana should constitute "reason to know" for stopping a transaction.

The commenter requests the approval of the Final Rule, citing various legal authorities and acts related to firearms, ammunition, and commerce. They express support for the rule's implementation for the purpose of "Justice, Peace, and Making America Great Again!"

An individual is advocating for the revision of the definition of an unlawful user of controlled substances to allow individuals who have surrendered their medical cards to purchase firearms. They argue that current waiting periods are irrational for non-addicted individuals and that the right to own a firearm should not be restricted by such periods.