Can You Own a Gun and Have a Medical Card in Oklahoma

Does being a medical marijuana patient bear upon i's 2nd subpoena rights? Asked differently, can yous legally own a gun with a medical marijuana card ?

Unfortunately, the unproblematic answer is no. Considering the federal government says cannabis is illegal, medical cannabis users are thought to exist utilizing a controlled substance. Every bit such, according to federal law, medical marijuana patients cannot legally buy firearms.

However, gun and cannabis laws vary from state to state , and there'southward a lot more than to cannabis and gun ownership than meets the centre. This piece dives into more details surrounding bearing firearms every bit a medical cannabis user and what yous should keep in mind when considering calculation either to your life. Note that nil in this article constitutes legal advice and if you accept specific questions about medical cannabis in your country, we recommend consulting a lawyer.

What the Law Says About Medical Marijuana and Gun Ownership

The federal laws governing firearm buying and medical marijuana stretch dorsum for decades. The Gun Control Act of 1968 prohibits individuals from possessing guns or armament if they are addicted to or use whatsoever controlled substance.

Federal law is quite articulate regarding its opinion on medical marijuana and gun buying. The FDA still classifies cannabis equally a Schedule one controlled substance, significant it has no apparent medicinal value, has high corruption potential, and (according to the nomenclature) both possession and use are illegal.

The Federal Agency of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter to all licensed firearms dealers in 2011 stating that one cannot purchase a firearm at a gun store if they hold a medical marijuana bill of fare. When a menu-carrying patient challenged the police in Wilson vs. Lynch, the 9th U.S. Excursion Court of Appeals upheld that prohibiting the sale of firearms to medical marijuana patients did not violate their second amendment rights.

The 9th U.S. Circuit Court of Appeals' gun and medical marijuana ruling applies to the following states:

• • Alaska
  • Arizona
  • California
  • Hawaii
  • Idaho
  • Montana
  • Nevada
  • Oregon
  • Washington
  • Commune of Guam
  • Northern Mariana Islands

Even so, the laws vary outside of these states, and where some have restrictions, others may not. A recent ruling in Oregon , for example, allowed medical marijuana gun owners to receive a concealed deport license. On the other hand, Florida recently ruled that a medical marijuana patient could non legally purchase a firearm.

And remember, federal police supersedes state law, regardless of whatever legislation a state has written into its constabulary books on gun ownership and medical marijuana.

Are In that location Loopholes to the Laws?

The Wilson vs. Lynch ruling doesn't necessarily close the door for MMJ patients seeking to purchase guns. As each country has dissimilar rules, some require groundwork checks, whereas others, like Georgia , brand information technology easy to purchase a gun with little fuss. Federal police force clarifies that licensed weapons dealers must perform a background check on anyone purchasing a gun, but then once more, i-fifth of all gun sales involve unlicensed dealers.

However, the ATF issued a second alarm following the Wilson vs. Lynch case . The organization amended Course 4473, which potential gun owners are required to fill up out when purchasing a gun, to ask the question of whether the bidder uses cannabis or is fond to it. Unfortunately, should you marking "yeah" on the question, you lot are ineligible to own a gun legally. But if you carry an MMJ menu and say "no," yous don't utilise cannabis, yous've committed perjury which is a felony.

According to the ATF , "The use or possession of marijuana remains unlawful under Federal constabulary regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

The law is merely applicative if the gun seller performs a background check, and, sadly, firearm purchasing regulations are frequently lax. However, if police enforcement pulls you over, you'd want to avert giving them reasonable cause to search your vehicle if you're carrying both a firearm and cannabis.

Does a Medical Marijuana Bill of fare Invalidate a Gun License?

Essentially, yes. Even if you're in a state with legalized cannabis for medical or recreational use, you cannot legally ain a firearm even if yous are licensed for both.

If you possess a gun, a medical marijuana card "invalidates" any firearm license you lot may take. This puts many people in an unfortunate catch-22 if they already take a gun, and enforcement depends on the context of the situation.

Fifty-fifty though the language of the Gun Command Human action is straightforward, the changing sentiment effectually cannabis and its emerging legality has fabricated enforcing it all but incommunicable.

The police force was originally meant to enhance sentences for criminal drug dealers carrying firearms. But at present, as an example, armed security guards are often required to protect dispensaries to ensure safety and supervise cannabis transportation and purchases. By being in the presence of cannabis, these people are violating the law only for working in a dispensary. Yet, many states don't enforce the law to protect their cannabis industries.

Additionally, the ATF will technically permit medical cannabis patients to have a gun in their house if their spouse does not swallow cannabis. The spouse must keep the weapon locked abroad to ensure the medical marijuana cardholder cannot access it.

The law gets fifty-fifty more than confusing if you apply for an MMJ and already own a gun. You cannot buy more firearms, merely there's no existing guidance on what to do with your gun…and relinquishing it could open the door to potential prosecution against y'all.

A side note: you tin purchase a gun over again once your MMJ card expires.

The Lesser Line on Whether You Can Own a Gun with an MMJ Card

Ultimately, this all means one thing for patients: for at present, you must choose between your medical marijuana card or your second amendment rights. Anyone determined enough to own a gun and utilize cannabis despite the law volition probably find a way to practice so, only information technology'southward a dangerous game to play.

In the future, we hope new legislation is introduced that will let medical marijuana patients to access this life-irresolute medicine and enjoy their 2nd amendment rights.

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Source: https://leafwell.com/blog/can-you-own-a-gun-with-a-medical-marijuana-card/

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