Us Congress 2023-2024 Regular Session

Us Congress House Bill HB363

Introduced
1/13/23  

Caption

Second Amendment Protection Act This bill exempts certain individuals who use medical marijuana from federal firearms-related restrictions. Currently, federal firearms laws prohibit an individual who is an unlawful user of or addicted to a controlled substance from shipping, transporting, receiving, or possessing a firearm or ammunition. This bill exempts from the prohibition an individual who uses marijuana for a medical purpose in accordance with state law.

Impact

If enacted, HB 363 would significantly impact the legal framework surrounding firearms and medical marijuana use across the nation. The bill acknowledges the increasing number of states that have legalized medical marijuana, thereby recognizing the rights of individuals who use it for legitimate medical purposes. Proponents argue that the bill strengthens Second Amendment rights for patients who rely on medical marijuana and removes barriers that could discourage them from seeking necessary treatment due to fears of losing their gun ownership rights.

Summary

House Bill 363, also known as the Second Amendment Protection Act, proposes amendments to federal firearms law to exempt medical marijuana users from prohibitions on gun ownership. Under current regulations, individuals classified as unlawful users of or addicted to a controlled substance are barred from shipping, transporting, receiving, or possessing firearms or ammunition. This bill aims to provide an exception for those who use marijuana legally for medical purposes in accordance with state laws, thereby aligning federal firearms restrictions with various state medical marijuana laws.

Contention

The bill is likely to face contention from various stakeholders, particularly those concerned about public safety and the potential implications of legalizing firearms for medical marijuana users. Opponents may argue that allowing such exceptions could lead to increased risks, citing concerns over the use of firearms by individuals who are under the influence of substances that affect judgment and coordination. Detractors will likely push for stricter interpretations of existing laws to maintain a cautious stance on gun ownership tied to any drug use, regardless of its legal status at the state level.

Companion Bills

No companion bills found.

Previously Filed As

US HB5488

To codify that The Gun Control Act of 1968 prohibits unlawful users of drugs and those addicted to controlled substances, specifically marijuana, may not ship, receive, or possess a firearm

US SB93

Relating to prohibiting public funds from being used to enforce certain federal or international laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.

US SB438

Relating to prohibiting public funds from being used to enforce certain federal or international laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.

US SB378

Relating to prohibiting public funds from being used to enforce certain federal or international laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.

US HB38

Concealed Carry Reciprocity Act This bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines. Specifically, an individual who is eligible to carry a concealed firearm in one state may carry or possess a concealed handgun (other than a machine gun or destructive device) in another state that allows its residents to carry concealed firearms. It sets forth requirements for the lawful concealed carry across state lines. The bill preempts most state and local laws related to concealed carry and establishes a private right of action for a person adversely affected by interference with a concealed-carry right established by this bill.

US HB168

This bill revises criminal provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. The term transport includes staying in temporary lodging overnight; stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment; and any other activities that are incidental to the transportation. It does not include transportation related to certain crimes. The bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill.

US SB818

Firearms; creating the Firearms Freedom Act; defining terms; making certain firearms, firearm accessories, or ammunition exempt from federal law or federal regulation. Effective date.

US SB818

Firearms; creating the Firearms Freedom Act; defining terms; making certain firearms, firearm accessories, or ammunition exempt from federal law or federal regulation. Effective date.

US HB354

LEOSA Reform Act This bill broadens the authority for certain law enforcement officers to carry concealed firearms across state lines. Specifically, the bill allows qualified active and retired law enforcement officers to carry concealed firearms and ammunition (including magazines) in school zones; in national parks; on state, local, or private property that is open to the public; and in certain federal facilities that are open to the public. Further, the bill permits states to reduce the frequency with which retired law enforcement officers must meet certain qualification standards.

US HB1024

Require that an application for a medical marijuana registry identification card include a notice of federal law regarding firearms and the unlawful use of a controlled substance.

Similar Bills

No similar bills found.