Arizona Shooting Prompts Schumer to Push for Military to Report Applicants' Drug Use to Prevent Gun Purchases
Unlike McCarthy's go-nowhere magazine ban, Schumer's proposal looks like it could be implemented through action by the Administration and without Congressional approval.
The prohibition in 18 U.S.C. § 922(d)(3) ("is an unlawful user of or addicted to any controlled substance") appears potentially ambiguous enough to encompass prior drug use, depending on how "is" is interpreted. Does anyone know of prior court cases dealing with this question?
If someone admits to a federal official that he's used illegal drugs, that information should be sent to the FBI so that person can be disqualified from purchasing a gun, Sen. Chuck Schumer said Sunday.
Noting that the alleged shooter in the Tucson massacre had admitted to military recruiters that he had used drugs on several occasions, Schumer said he is proposing to the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives that the military be required to notify federal officials about such admissions. The New York Democrat said such a process does not require new legislation.
Unlike McCarthy's go-nowhere magazine ban, Schumer's proposal looks like it could be implemented through action by the Administration and without Congressional approval.
The prohibition in 18 U.S.C. § 922(d)(3) ("is an unlawful user of or addicted to any controlled substance") appears potentially ambiguous enough to encompass prior drug use, depending on how "is" is interpreted. Does anyone know of prior court cases dealing with this question?