The Federal Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) announced a proposed rule change on Jan. 22 that has offered a significant change in opinion from the agency. According to the filing that was published in the Federal Register, marjiuna consumption would no longer be grounds to deny an individual from buying or possessing a firearm.
The announcement comes amidst the flurry of an impending case involving the constitutionality of gun bans relating to marijuana use that is slated to be heard in early March.
Since the passage of the Gun Control Act (GCA) in the late ’60s, gun sales were prohibited to anyone “who is an unlawful user of or addicted to any controlled substance.” This aspect of the GCA has triggered widespread confusion, one that has now reached the Supreme Court, after a man in Texas was indicted for possession of a firearm after cannabis and other drugs were seized from his property.
Under ATF’s interim final rule, the definitions of an “unlawful user” will be expanded upon, now reading “a person who uses a controlled substance and demonstrates a pattern of compulsive use of the controlled substance, characterized by impaired control over use, is addicted to a controlled substance.” Similarly, “unlawful use” must include evidence of compulsive and regular use overtime and into the present.
ATF’s filing also revealed that during the fiscal year for 2025, 4,364 individuals were denied a firearm after admitting to one incident of drug use. This is nearly half of the 9,163 total denials from that year.
“This is an interim measure to address the harm to constitutional rights caused by erroneously denying a person a firearm while ATF further assesses whether new examples might be useful or feasible, given the variety of case-by-case fact patterns,” the filing read.
ATF will allow for public comments on the rule change until late June. The agency said it may also reassess definitions of “unlawful users” following the ruling from the Supreme Court.