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Bill/Issue: H.R.2071 (Second Amendment Protection Act)

Sponsor(s): Rep. Alexander Mooney; Rep. Thomas Massie

FPC Position: Support (Amendments Requested)

Letters: FPC 2019-9-13 Letter of Support (Requesting Amendments)

Summary: As written, H.R.2071 would:

1) Exempt an “individual using marihuana for a medical purpose in accordance with State law” from the general proscription at 18 U.S.C. § 922(d)(3) (prohibiting “any person” from selling otherwise providing any firearm or ammunition “to any person knowing or having reasonable cause to believe that” they are “an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)”);

2) Exempt an “individual using marihuana for a medical purpose in accordance with State law” from the general proscription at 18 U.S.C. § 922(g)(3) (making it a crime for “any person” “who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))” 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.”); and,

3) Provide that such amendments would take effect 90 days after the date of enactment of the Act.

FPC has requested two common-sense amendments that would serve the intent of the legislation, the interests of the People, and further respect human rights. Amendment #1 is shown in markup, and Amendment #2 seeks preemption of state/local laws that would conflict with the new federal law.

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