It is now national news that Hunter Biden, son of President Joe Biden, was convicted of 3 felonies involving the purchase of firearms. The crime, that he signed a standard gun purchase form asking if he was a user of illegal drugs to which he replied “no”. The firearm purchase documents are the same as required in Tennessee and the proof seemed to indicate while he was otherwise a legal U.S. citizen to own and purchase firearms, he was actively dealing with an addiction to crack cocaine. It is not only a violation of federal law to lie on signed documents for the purchase of a firearm but also for users of controlled substances to simply possess firearms. United States Code Section 922 states, in part, that it is unlawful for any person in the acquisition or attempted acquisition of any firearm to knowingly make false oral or written statements. Further, the United State Code states, in part, it shall be unlawful for any person who is an unlawful user of or addicted to any controlled substance to possess any firearm or ammunition.
Likewise, Tennessee essentially adopts the federal offense. In Tennessee, it is a criminal offense to possess a firearm and be prohibited from possessing a firearm under any other state or federal statute. By doing so, it makes it crime for any citizen to possess or purchase a firearm if it can be later determined that they were at the time a user of illegal drugs.
The reality is that even Marijuana is classified as a controlled substance federally as well as in the state of Tennessee. As such, every Tennessean can be prosecuted if you use illegal THC in any form if you purchase or possess a firearm. While Hunter Biden’s prosecution may well be welcome news to many on the right side of politics, as many in Tennessee are, it should be a frightening forecast of the power of government to apply such a law whenever they choose against whomever they choose. I suspect a high percentage of Tennesseans use marijuana either recreationally or for medicinal purposes and an even higher percentage of Tennesseans buy or own firearms. As a result many are subject to arrest and prosecution if you’re on the wrong side of politics or maybe simply unlucky.
Ultimately, you need to know you can be arrested and put in jail for the offense of unlawful possession of a weapon if an officer has “probable cause” to believe you use any controlled substance, including marijuana or attempt to buy a firearm without disclosing that use.
Welcome to Freedom,
Frank Lannom and Tyler Stanfield