Gauss Law Firm- Denver Bankruptcy Lawyers

Marijuana And Guns in Colorado

Everyone who buys a gun legally and submits to the required background check must fill out ATF form 4473 which asks if you are an unlawful user of or addicted to marijuana or any narcotic or controlled substance. If you have a medical marijuana card and or use marijuana legally in Colorado the federal government nevertheless considers marijuana illegal and your ownership of a firearm is also considered illegal. You may be committing a crime by answering “no” to the form 4473 question about drug use.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives sent a letter in 2011 wherein it stated its policy is that answering “no” to a marijuana use question and possession a gun while being a user or rather being “addicted” to marijuana is inherently illegal. It would follow that you also break the law by selling a weapon to a regular marijuana user, even if that person is using marijuana legally with respect to the State of Colorado.

The US Attorney for the District of Colorado has indicated that any decision to prosecute someone for illegal possession of a weapon while being an “addicted” marijuana user will be made on a case by case basis. I am unaware of gun charges being brought against marijuana users in Colorado. The matter implicates important constitutional and patient’s rights issues.

Nevertheless, if you are temporarily selling weapons in order to prepare for a bankruptcy there is little need to sell a gun to a marijuana user. Improper sales can lead to criminal as well as civil trouble. See C.R.S. 18-12-112. A sale to a licensed dealer or pawn shop that buys guns is likely the best alternative. You an then replace weapons later, after your case is filed and thereby protect both your gun rights and bankruptcy rights.

There are many safe and legal ways to deal with guns in advance of your bankruptcy. Please call today if you would like a consultation or have questions about this issue. (303) 501-4028