evasive_chimpanzee@lemmy.world 1 day ago
Assuming you mean in the US, there is a national system called NICS that basically has the FBI run a background check. Some states have additional systems to augment that.
The conditions that get you put into the “no” list are things like committing a felony, domestic violence, drug use, etc. Being committed (against their will) to a mental institution is on that list. A mental institution would have to report you with evidence to get you added to the list. Potentially, he could ask his psychiatrist to do that for him. It may not be an option, but if you brother is worried himself, that is good evidence, I think.
When you buy a gun, you have to check boxes on a form to say you aren’t a felon, addicted to drugs, a fugitive, etc. They can check the felon and fugitive part, so if you lie, you get in big trouble. Drugs, though, they obviously dont have a list, so really it’s just a way to add penalties if they can later prove that you lied (e.g., hunter biden). You couldn’t just do a drug and automatically pop onto a list.
Hackworth@piefed.ca 1 day ago
Caveat on the drug thing: There is a list of who has a medical cannabis Rx. And I suppose any prescription… do opiods count?
seathru@quokk.au 1 day ago
The question is: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
So prescriptions should not count.
Zak@lemmy.world 1 day ago
Medical cannabis cards are not prescriptions, and cannabis remains illegal for medical use under federal law in the USA.
There have been attempts to interpret this as meaning that someone with a medical cannabis card may not legally own a firearm, but when the question has gone to court recently, judges have usually disagreed,
Fondots@lemmy.world 1 day ago
The exact wording is if you are an
“unlawful user of or addicted to any controlled substance”.
So a legal prescription to opioids shouldn’t be a disqualifier, unless you become “addicted” which could maybe be up to some interpretation, but if you stick to what your prescribed it would be pretty hard for anyone to prove an addiction
Weed is in a weird place, and I’m not 100% up on the latest stuff with that and how rescheduling will change things, but since it’s still schedule I, as far as the feds are concerned there is basically no legal use for marijuana so pretty much any use is a disqualifier. I don’t know how rigorously they check that against people who have medical cards.
CaptDust@sh.itjust.works 1 day ago
captainlezbian@lemmy.world 1 day ago
Yeah, I have to get drug tested a lot in my career and have an Adderall prescription. Firstly only one employer has even attempted to drug test me themselves because what they need is to know anything I test positive for is prescribed. Secondly that one that bucked the wisdom of others (it was a job placement agency) fucked up royally by kicking me out as I tried telling them that legally since I can prove I have a prescription for it they can’t reject me for it (this is why most don’t want to know, it opens liabilities). In their parking lot I reported them to the EEOC who declined to sue, but told me I had a case and I was allowed to. No justice here though, I’d gotten a different job by then and didn’t care enough to sue for a job I never wanted