Can You Have a NY Gun Permit and a Medical Marijuana Card

Can You Have a NY Gun Permit and a Medical Marijuana Card?

Suppose you’re a New York resident who uses medical cannabis and also values your Second Amendment rights. In that case, you may be asking: Can I get a concealed carry permit while holding a NY medical marijuana card?

The answer is yes, you can obtain a concealed carry permit in New York even if you are a certified medical marijuana patient. However, the situation is complex due to the conflict between state and federal law.

While New York State does not prohibit medical marijuana patients from applying for or holding a firearm license, federal law still classifies cannabis as a Schedule I controlled substance, which introduces legal gray areas.

This article explores what you need to know about getting a concealed carry permit in New York while using medical marijuana, the legal landscape, and how to protect your rights.

If you’re considering medical cannabis, we recommend speaking with a licensed physician at NY Marijuana Card to get certified legally and understand how it may affect your lifestyle.

Can You Get a Concealed Carry Permit in NY with a Medical Marijuana Card?

Yes — Under New York State Law

New York does not have a statute that disqualifies someone from obtaining a firearm license solely because they are a registered medical marijuana patient.

This means:

  • You can apply for and receive a concealed carry permit
  • You can legally possess a firearm under New York State law
  • Your status as a medical marijuana patient is not automatically disqualifying

However, you must still meet all other eligibility requirements, including:

  • Being 21 years or older
  • Having no felony convictions
  • Demonstrating good moral character
  • Completing required training under NY’s concealed carry improvement act

While New York allows medical marijuana users to obtain concealed carry permits, federal law presents a conflict.

Under the Gun Control Act of 1968, individuals who are “unlawful users of or addicted to any controlled substance” are prohibited from possessing firearms. The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) interprets this to include all cannabis users, regardless of state legality.

What This Means:

  • You can legally own and carry a firearm in New York as a medical marijuana patient
  • But you may be in violation of federal law
  • Federal enforcement is rare, but the risk exists

What About Purchasing a Firearm?

When purchasing a firearm from a federally licensed dealer, you must complete ATF Form 4473, which asks:

“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

If you answer “yes,” the dealer cannot legally sell you the firearm.
If you answer “no” while holding a medical marijuana card, you may be committing perjury under federal law.

Important Note:

  • Private sales in New York are heavily regulated and must go through a licensed dealer
  • This means you will likely need to complete Form 4473 regardless of how you acquire the firearm

So, Can You Legally Carry a Firearm with a Medical Marijuana Card in NY?

Yes — But Be Cautious

While New York State does not prohibit it, federal law still considers cannabis users ineligible to possess firearms.

This creates a dual-compliance issue:

  • You are legal under state law
  • You are not legal under federal law

What You Can Do:

  • Apply for your concealed carry permit through your local licensing authority
  • Be honest during your application process
  • Understand the federal risks, especially when purchasing firearms from licensed dealers

What Are the Risks?

While enforcement of federal cannabis-related firearm laws is rare for individual patients, the risks include:

  • Federal prosecution (in extreme cases)
  • Denial of firearm purchase from licensed dealers
  • Legal complications if involved in a federal investigation or incident

What Are the Benefits of Having Both?

For many New Yorkers, having both a medical marijuana card and a concealed carry permit provides:

  • Access to natural, plant-based medicine for chronic conditions
  • The ability to legally carry a firearm for personal protection
  • Full exercise of state-level rights under New York law

How to Apply for a Medical Marijuana Card in NY

If you haven’t yet applied for your card, the process is simple and 100% online:

Step-by-Step Guide

  1. Sign Up
    Visit NYMarijuanaCard.com and create your profile in minutes.
  2. Meet with a Doctor
    Book a video consultation with a licensed New York physician.
  3. Get Certified
    If approved, your doctor will issue your certification immediately.
  4. Start Using It
    Your certification is submitted to the state, and you can begin purchasing cannabis from licensed dispensaries.

Cost: $149
Approval Time: 15 minutes
Guarantee: 100% money-back if not approved

Summary Table: Firearms & Medical Marijuana in NY

Action New York State Law Federal Law Legal Outcome
Hold a medical marijuana card Legal Legal Allowed
Apply for a concealed carry permit Legal Legal Allowed
Own a firearm as a cannabis user Legal Illegal Risky
Purchase a firearm from a dealer Legal Illegal Risky
Lie on ATF Form 4473 Illegal Illegal Felony offense

Final Thoughts

So, can you get a concealed carry permit in New York if you have a medical marijuana card? Yes, you can.

New York does not bar medical cannabis patients from exercising their right to carry a firearm. However, due to the ongoing federal prohibition of cannabis, you must be aware of the potential legal risks—especially when it comes to firearm purchases and federal forms.

If you’re considering medical cannabis and want to understand how it may impact your rights, we recommend speaking with a licensed physician at NY Marijuana Card. Our team is here to guide you through the process safely and legally.

Frequently Asked Questions (FAQs)

1. Can I get a concealed carry permit in NY with a medical marijuana card?

Yes. New York does not prohibit medical marijuana patients from obtaining a concealed carry permit.

2. Does federal law allow cannabis users to own guns?

No. Federal law prohibits firearm possession by anyone who uses cannabis, even for medical purposes.

3. Will I be denied a firearm purchase if I have a medical marijuana card?

If you disclose cannabis use on ATF Form 4473, you will be denied. Lying on the form is a felony.

4. Can I be arrested for having both a gun and a medical marijuana card?

While rare, federal prosecution is possible. It’s important to understand the risks.

5. Should I consult a doctor before applying for a card?

Yes. Speak with a licensed physician at NY Marijuana Card to ensure you understand how medical cannabis may affect your legal rights.

NY Marijuana Card Team
NY Marijuana Card Team is a collective of certified healthcare professionals and cannabis advocates dedicated to simplifying medical marijuana access for qualifying New York residents. With extensive experience navigating state regulations, the team provides compassionate guidance through the certification process. They combine medical expertise with a patient-centered approach, ensuring individuals receive proper education about cannabis treatments. The NY Marijuana Card Team remains committed to destigmatizing medical marijuana while helping patients find natural alternatives for their health conditions.