Firearm Ownership with a Medical Marijuana Card
Hello and welcome. You are asking a very important and serious question. Many people in New York want to use medical cannabis for their health, but also want to protect their right to own a gun. So, they ask, can you own a firearm with a medical card? The answer is very complicated because the rules for the country are different from the rules for our state. This guide will help you understand the situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should speak with a qualified attorney for advice on your specific situation.
The Core Conflict: Federal Law vs. State Law
The main reason this is so confusing is that two sets of laws say opposite things. Think of it like a game where the main rulebook and the local rulebook don’t match.
In New York, our state law says that medical cannabis is legal for patients who need it. This means New York gives you the right to get a card and use cannabis to help with your health.
However, the federal government, which makes laws for the whole country, has a different rule. It says that cannabis is still an illegal drug, like heroin. They don’t see it as medicine at all.
When it comes to guns, the federal law is the one that matters most. This is where the big problem starts for medical cannabis patients who want to own firearms.
The Federal Barrier: Why You Can’t Have Both
The United States government has very strict rules about who can and cannot own a gun. Unfortunately, these rules directly affect anyone who uses cannabis, even for medical reasons.
The Gun Control Act of 1968
A long time ago, the federal government passed a law called the Gun Control Act. This law lists all the people who are not allowed to buy or have a gun.
One of the groups on that list is any person who is an “unlawful user of or addicted to any controlled substance.” Because the federal government says all cannabis is an illegal substance, they believe anyone who uses it is an “unlawful user.” This includes patients with a state-approved medical card.
The ATF and Form 4473
This is where the rule becomes very real for someone trying to buy a gun. When you go to a licensed gun store, you have to fill out a background check form called ATF Form 4473.
On that form, there is a very direct question you have to answer. It asks if you are an unlawful user of marijuana or any other controlled substance. The form even has a big, bold warning on it.
The warning says that even if your state has made marijuana legal, it is still illegal under federal law. So, if you are a medical cannabis patient, the federal government says you must answer “yes” to that question. If you answer “yes,” the gun sale will be denied.
Answering “no” when you know you are a medical cannabis user is considered lying on a federal form. This is a very serious crime and can lead to prison time and large fines. So, this form makes it impossible to legally buy a gun from a store if you use cannabis.
What Does This Mean for New York Residents?
So, how does all this federal stuff affect you here in New York? It means that even though New York gives you a medical marijuana card, that card can’t protect you from the federal gun laws.
You might wonder if the government knows you have a card when you get a background check. Patient information is usually kept private and is protected by health privacy laws like HIPAA. The state does not usually share its list of patients with the federal government.
The real issue comes up when you try to buy a gun and have to fill out Form 4473. The law puts you in a position where you have to choose between being honest about your cannabis use and buying a firearm. This is the main problem with the federal law vs state law cannabis conflict.
The Benefits of a Medical Card, Even with These Restrictions
Hearing all of this can be discouraging, especially if you want to do both legally. It forces you to make a choice. However, it’s important to remember why getting a medical card is still a great choice for your health.
A medical card gives you access to cannabis products that are tested, safe, and regulated. You can get guidance from doctors on how to use it for many different medical conditions. A card also gives you legal protection at the state level for possessing and using your medicine.
Choosing to take care of your health is a very important decision. While the gun laws are a serious issue, the benefits of being a medical cannabis patient are huge for your well-being.
Note: Understanding these laws is complex, but getting help for your health shouldn’t be. A medical card provides access to regulated, safe cannabis for numerous conditions. If you’re ready to explore your options, you can Apply For Your New York Medical Marijuana Card Online Today! Get your NY Medical Marijuana Card in 15 mins for $149, or renew for $99. You only pay if approved by our trusted doctors. Sign up to start your consultation!
The Final Verdict on Guns and Medical Cannabis
So, let’s circle back to our original question. As the law stands today, the answer to “can you own a firearm with a medical card?” is a clear no.
The problem is the major difference between state and federal law. Until the U.S. government changes its laws on cannabis, medical patients will be blocked from legally buying or owning guns.
This means you have to make a choice based on what is most important to you. We strongly recommend speaking with a lawyer to get advice for your personal situation. But when it comes to your health, learning about the benefits of a medical card on the NY Marijuana Card website is a great first step.
Frequently Asked Questions (FAQs)
This topic brings up a lot of questions. Here are some of the most common ones we hear.
What if I already own guns and then get a medical card?
This is a tricky situation. The federal law says an “unlawful user” cannot possess a firearm, which means just having them at home could be a problem. This is a legal gray area, and it’s best to talk to a lawyer about it.
Does this apply to recreational cannabis users, too?
Yes, it does. The federal law doesn’t care if you use cannabis for medical or recreational reasons. Since the U.S. government sees all cannabis as illegal, the gun laws apply to every single person who uses it.
Are there any court cases challenging this?
Yes, people have been fighting this rule in court. Some judges have started to question if this law is fair. However, as of today, the law has not been changed, and it is still in effect across the country.
