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Or to change that stupid ATF form 4473 which basically requires anyone who smokes weed to either commit a felony by lying (checking the box for they don't use illegal drugs) or tell the truth (checking the box that they do) and being unable to purchase a firearm. Unfortunately the war on law abiding gun owners had to continue so on a few occasions their position continued to be that marijuana users should not be allowed to buy or own firearms.
Hypocrisy+++++
That question is required by HR 1025 ("The Brady Act"). To get rid of weed as a factor, there would either need to be a change to the form requirement, or weed to be made federally legal and thus not an illegal substance. The requirement is not an ATF determination.
Joe Biden could theoretically pardon all people in violation of this, but I wouldn't hold my breath for a blanket universal pardon involving guns and weed together.
Nope. Biden's DOJ was happily pushing the 'weed users can't have guns' as one angle of gun control, while the administration was simultaneously pushing the 'weed shouldn't be persecuted' angle. Quite hypocritical really.
I was just pointing out the way on a limb theoretical to cover all my bases. The Presidential pardon could in theory be used on a mass scale (and it has been in the past) but in realistic terms, no it won't happen. That said, inside the realm of some sort of reality weed will still be a factor on 4473 until the law either removes the question about illegal drugs, or weed is made federally legal. That's not something controlled solely by the executive branch.
Not entirely. Not solely controlled by the president for sure. But this is where we get into the question of law vs. regulation. Law gives DEA the right to regulate drugs and substances. DEA classifies marijuana as harmful, thus it becomes illegal. Law requires the 4473 form question on illegal drugs. Political decisionmaking and bureaucratic policy decide whether state medical marijuana registries should be imported into NICS deny lists. And Biden is of course responsible for the actions and communications of his own office.
So if Biden wanted to go hardcore pro-weed, he could simply order DEA to de-schedule marijuana, and if they refuse demand the resignation of the DEA head and replace them with someone who'd deschedule weed. That then effectively removes the federal prohibition on marijuana. As a softer action, he could order FBI to not import state MMJ registry lists into NICS. And he could direct his office that while he and they may be anti-gun, marijuana won't be used against gun owners.
But it has been the position of various parts of the executive branch that marijuana users must still be prohibited....