• MartianRecon@lemmus.org
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    5 months ago

    Theres no way to prove beyond a reasonable doubt he was on substances when he purchased the firearm. The form asks if you’re a USER of drugs. If he was not using substances when he was buying the firearm, he didn’t lie.

    That’s fine. If this is now precedent, the government needs to go and retroactively charge all users, and not just a spotlight democrat.

    • Zak@lemmy.world
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      5 months ago

      27 CFR § 478.11 addresses that. The court is not making new law here.

      Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm.