Marijuana users are subject to federal and state legislation and at times the two sets of legislation tend to conflict with each other. We are going to discuss whether having a Medical Marijuana Card affects the holder’s eligibility to purchase a gun and whether the subject can purchase a gun after expiry of their card.
The Federal Government
The Gun Control Act of 1968 states that any individual who unlawfully uses or is addicted to any controlled substance must not own a firearm. According to federal laws cannabis is an illegal substance, therefore, regardless one uses it for medical or relaxation, he or she must not own a gun. Individuals that use it for medical purposes must admit their use on form 4473 lest they face perjury charges.
Federal law stipulates harsh punishment for any individual caught illegally handling the substance.
California
In this state,legit cannabis patient are not eligible for gun ownership. In August 2016, a California-based U.S. Court of Appeals for the Ninth Circuit overwhelmingly ruled 3 – 0 that no medical marijuana user in this state should be allowed to own a firearm.
To reach the decisions, the court relied on information in a letter from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that regardless of which state an individual lives in, as long as he or she uses or is addicted to marijuana, is barred by federal law from purchasing or using firearms and ammunition. It does not matter whether for any purpose; the state of residence has legalized use of marijuana.
Worse still, an individual that uses a gun in connection with a drug offense like cultivation, possession, or sale, will face additional criminal charges.
Nevada
The above-stated ruling applies for Nevada because it is one of the nine western states that fall under the California-based U.S. Court of Appeals for the Ninth Circuit’s jurisdiction.
Hawaii
This state openly discriminates against cannabis users owning guns. It has stated that an individual registered in the medical marijuana program is ineligible to legally acquire guns.
Hawaii gun data for 2016 shows that out of the 328 declined gun permits, 42 were on grounds the applicant was a medical marijuana patient. This was 12.8 percent of the total denied permitsand the figure was only second to mental health issues which accounted for 21% of the total denials.
The state only allows medical cannabis patients to apply for gun permits at least one year after their medical marijuana cards expire. A recent change in the federal gun permit application form (Bureau of Alcohol, Tobacco, Firearms,and Explosives (ATF) updated Form 4473)partially accounts for the high denial rates.
The updated form is not only affecting Hawaii but other states such as Oregon that are currently issuing guns to medical cannabis patients.
Oregon
Things are quite different in Oregon; in 2011 a court ruled that individuals who use cannabis can own guns. In fact, Oregon’s Medical Marijuana Law is virtually silent on firearms. It doesn’t bar OMMP patients or cardholders from purchasing or possessing guns. However, State and Federal Lawsconflictwith each other on this matter.
While a marijuana user won’t have any problems with state laws when applying for a gun permit, problems arise when filling out the mandatory Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473.With this form, any individual using cannabis for any reason will certainly disqualify for a gun permit.
In Oregon, individuals are allowed to use cannabis for medical and recreational purposes. Also, the State’s Laws do not prohibit individuals who use marijuana from possessing guns. However, if an individual simultaneously is in possession of marijuana and a gun, he or she will be violating Federal law. Also, the State will consider it criminal or an aggravating sentencing factor if an individual uses a firearm in a crime, especially a commercial drug offense.
Reasons for Denying Marijuana Patients Gun Permits
Most medical experts argue that marijuana has multiple effects on users including aggression or violence. In 2011, Nevada resident S. Rowan Wilson filed a lawsuit for being denied a gun permit on grounds she was had a medical marijuana card. She lost the case as the court argued that using drugs such as cannabis raises the risk of unpredictable or irrational behavior, which will make any gun user dangerous.
Public safety is top priority for all governments, and until they can find sufficient proof that marijuana use does not have negative impact on people’s behavior, we are going to see more legislation pass.
Summary
While states such as Oregon allow marijuana users to possess guns, the overall binding federal legislation has made it very difficult for most users. However, a number of marijuana users are willing to trade their gun ownership rights for the substance. We expect to see more changes in these laws in future as more states legalize marijuana use for medical and recreational use.
