“It is my judgement that denying Americans the personal Second Amendment right to possess firearms as articulated by the Supreme Court…for the mere use of marijuana pursuant to state law is arbitrarily overbroad and should be narrowed,” the senator stated.
Federal law states that “It shall be unlawful for any person…who is an unlawful user of or addicted to any controlled substance…to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
“In my judgement the disqualification of an entire class of marijuana users acting consistently with state law from possessing any firearm merits a view of federal legal policy,” Murkowski writes. “Without such a review I fear that otherwise law abiding citizens will choose to answer the marijuana use question on Form 4473 [because]either they believe their use is fully lawful or because they believe marijuana use consistent with state law should not subject them to a firearms disability. In either case, they would be potentially exposed to criminal liability for false statements.”