by Ben Sanderson, Gunowners of America:
Congress cannot allow Wall Street to profit off the legal marijuana industry while at the same time criminalizing the constitutional right to bear arms. It is unconscionable to criminalize the exercise of a God-given right because an individual engaged in legal or non-criminal activity.
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In 43 states, Marijuana is either medically or recreationally legal[i]. Under the SAFER Banking Act of 2023, legal cannabis businesses would be able to collaborate with financial institutions despite marijuana not being federally legalized. However, the SAFER Banking Act does not extend this same protection to individuals who live in a state with legal marijuana that also wish to exercise their constitutionally protected right to keep a firearm in their home or carry a firearm in public for self defense.
When purchasing a firearm, gun owners must complete an unconstitutional registration Form 4473—a form not mandated by any statute. This permanent gun registration form not only records the make, model, serial number of the firearm or the name, address, and social security number of a prospective gun owner, but it also functions as an affidavit with a mandatory question asking:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.[ii]
If a gun owner were to possess or use marijuana in accordance with state law and purchase a firearm, federal law makes it a felony punishable by up to 15 years in prison. Yet even the Federal Bureau of Investigation has lower standards for hiring federal agents! FBI’s employment eligibility guide states:
Candidates cannot have used marijuana or cannabis in any form (natural or synthetic) and in any location (domestic or foreign) within the one (1) year preceding the date of their application for employment.
Marijuana or cannabis use before the candidate’s 18th birthday is not a disqualifier for FBI employment, however. Adjudicative personnel will evaluate the candidate by using the “wholeperson concept.”[iii]
A recent clarification from the FBI stated that using marijuana “more than twenty-four (24) times after turning 18 years old is a disqualifier for FBI employment.”[iv] The federal government cannot, on one hand, lock gun owners in prison for lawfully using marijuana in accordance with state law while simultaneously hire pot users to be FBI agents.
Insufficient “Reputational Risk” Protections for Gun Ownership
In recent years, as a result of political pressure, banks and credit card issuers have shown an increased willingness to put restrictions on gun dealers and manufacturers seeking loans, banking services, or credit card processing.[v] These financial institutions have demanded that gun dealers put restrictions on their inventory, restrictions on the customers, and restrictions on their means of doing business. In doing so, they are following in the footsteps of the Obama administration’s “Operation Chokepoint,” which tried to dry up credit for gun-related businesses and thus force them to close their doors.[vi]
