stems from a 7-page form that would-be gun buyers must fill out when purchasing a weapon from a licensed gun business. The form includes standard questions about things that would disqualify someone from legal gun ownership, like previous felony convictions, mental health problems or illegal drug use.when he said he wasn’t using drugs. Biden’s attorneys say he didn’t consider himself a drug addict when he purchased the weapon.
“It’s fairly rare for this line on the background check form to be prosecuted alone,” Charles said. “It can be difficult to prove these kinds of cases, because unless someone confesses or is under the influence at the time, there’s not always a lot of evidence.” “In every state that has legal marijuana, there are hundreds of thousands of people who possess firearms,” Charles said. If they also use marijuana — even with a medical marijuana card — they are illegal gun owners under the federal law, he said.Andrew Willinger, the executive director of the Duke Center for Firearms Law, said illegal gun ownership charges typically show up in court as part of larger criminal cases.“It’s very rare for this to be sort of the lead charge in a case.
It’s easier to track how many people are denied purchases. According to the U.S. Department of Justice’s Bureau of Justice Statistics, about 25 million applications for gun transfers or permits were filed in 2020. Only about 1.6% of them — roughly 398,000 — were denied, and about half of those denials were because the applicant had a felony conviction, indictment or arrest. Drug use or addiction accounted for about 8.6% of the denials, according to the bureau.
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