New gun-control legislation would prohibit those arrested but not convicted of drug crimes from possessing firearms
Get collared years ago on a bogus drug charge because the oregano in your back pocket looked like was a bag of weed? Or maybe a judge back in 2006 dropped those charges because you were able to provide proof for that Adderall prescription? Under proposed legislation, it will not matter if you were innocent all along or even proven innocent by a court of law.
Either way, you can forget about buying a gun.
The Fix Gun Checks Act of 2011 would greatly expand the definition of those legally prohibited from owning firearms to include anyone who’s ever been arrested — even if never convicted or found guilty — for drug possession within a five-year period. The legislation is certainly troubling for those who want a “common sense” debate about drug decriminalization. And it would seem fears that any new national gun-control legislation would be used to limit the gun-rights of law-abiding citizens is at least partially justified.
Sponsored by New York Democratic Sen. Chuck Schumer and introduced earlier this month, the expanded background checks bill includes a “clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms.” Under Schumer’s bill, the definition of a “drug abuser” would include anyone with “an arrest for the use or possession of a controlled substance within the past 5 years.”
Current federal law already specifies that two kinds of drug users can be barred from owning a gun: (1) Those who have been convicted of possessing or using a controlled substance in the past year and (2) Anyone who has had multiple drug arrests in the past five years, including one within a year of applying for a firearm, according to the Bureau of Alcohol, Tobacco and Firearms.
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