Can You Own a Gun if You Have an Expunged Felony?
Whatever your thoughts on America's gun civilisation, information technology cannot be denied that many Americans consider gun ownership a fundamental correct. The ease of admission to firearms that one can argue is a constitutional right guaranteed by the 2nd Subpoena, combined with a well-funded and highly influential gun lobby, means substantially that in America, if you desire a gun, yous can pretty much go ane.
The statistics conduct this out. A 2017 Gallup Poll estimates that there are 393 1000000 registered firearms in America, meaning that there are currently more guns than people. According to a 2022 report, that breaks down to 120.5 guns per every 100 people.
Even more than surprising, half of that total amount of weaponry is endemic past simply iii% of the population. With numbers like these, it may come up as a surprise that anyone in America over the age of 18 cannot purchase a firearm if they and so desire. Even so, there are a few exceptions to state gun laws enforced by the federal government, including people with vehement criminal histories, mental health issues, and patients who hold medical marijuana cards. If you agree a medical marijuana card, you cannot purchase a gun.
Table of Contents:
- Why Guns are Off-Limits for Medical Cannabis Patients
- Enforcement Issues with Guns and Marijuana
- Recreational Cannabis Consumers Can Own Guns, Why Not Medical Patients?
- Medical Marijuana Patients Sue to Ain Guns
- FAQs
Why Guns are Off-Limits for Medical Cannabis Patients
The reason for MMJ patients who have followed their state'due south laws in legally obtaining a medical marijuana card to exist grouped into the same firearm prohibited status every bit violent criminals and the mentally ill dates dorsum to the The Gun Command Act of 1968, which prohibits anyone from possessing guns or ammunition if they utilise or are addicted to cannabis or whatsoever other controlled substance.
An open letter from the Bureau of Booze, Tobacco, Firearms, and Explosives (ATF) put out in 2022 restated their position that the 1968 law still stands. The letter says that anyone who uses marijuana, regardless of state constabulary, qualifies as an "unlawful user of" the controlled substance, and is therefore prohibited from owning a gun. Regardless of changing societal attitudes well-nigh marijuana, medical marijuana patients cannot own guns.
The ATF is responsible for gun restrictions on medical cannabis patients. photo credit
In that same letter, federal officials clarified that possession of a medical marijuana card served as reasonable cause to suspect the card owner of beingness an unlawful marijuana user, even if that person obtained the menu to use marijuana by following the law.
This ruling has prevented many second Subpoena fans who could do good greatly from owning an MMJ carte du jour from applying for one because they also want to purchase or ain a gun. Because their MMJ carte du jour is registered in a government database, they will be flagged in a background check as being a suspected consumer of marijuana. The only legal fashion the ATF volition allow a medical cannabis patient to even have a gun in their home is if their spouse does not consume cannabis, purchases a firearm, and keeps it locked away with no access to the MMJ card holder.
Enforcement Issues with Guns and Marijuana
Despite the articulate legal language, enforcing the 1968 Gun Command Human action in its full capacity is incredibly difficult in the age of legalized cannabis. For example, according to the federal law gun owners are non allowed to exist around people who are known cannabis consumers or growers. The thought backside this was to create judgement-enhancing criminal charges for drug dealers who were packing heat. Nonetheless, armed security guards hired to scout over a dispensary, coin transfers from the store, or marijuana transportation throughout a legalized state are also technically in violation of federal gun laws and could be charged for doing their jobs.
It'southward condign harder to enforce cannabis gun laws with more than states legalizing. photo credit
Officials in legalized states like Colorado essentially look the other mode on enforcing these gun laws to ensure that the industry is protected. Otherwise, marijuana businesses would be sitting ducks for criminals who somehow gained access to a firearm despite the ATF'due south strict regulations and articulate legal linguistic communication.
And while Us federal law is clear on the necessity for all licensed firearm dealers to perform groundwork checks on those seeking to purchase a gun, non-MMJ card-holders who smoke weed tin can pretty easily purchase a firearm.
Recreational Cannabis Consumers Tin can Own Guns, Why Non Medical Patients?
Without a conviction for any marijuana-related charges on your record, you can pretty easily smoke a joint in the morn, walk to a licensed gun shop in the afternoon, cheque "no" on the "Are you an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any other controlled substance?" question, and take your weapon in 5 days. This is, of course, illegal and anyone who does this can exist charged with a felony.
Even so, if you're caught with a gun and are around marijuana or known marijuana producers, federal gun laws will nevertheless come up down actress difficult on you for violating the 1968 Gun Rights Act, no matter what your state laws say about the legality of marijuana.
If y'all already endemic guns prior to legalization and are applying for a medical marijuana carte du jour, the law gets very fuzzy. Yous volition be unable to buy more guns, but so far at that place are no clear instructions on what to do about the guns you already have. Giving them upwardly could open y'all to prosecution for having them around your marijuana in the commencement place. In other words, this places medical marijuana patients in a gray area, where they can own guns, just tin can't become caught with them.
Medical Marijuana Patients Sue to Own Guns
MMJ patients take filed lawsuits in several states to try to become these policies reversed. In 1 case filed in 2016, a federal appeals courtroom ruled that the 1968 Gun Rights Act did non violate the Second Amendment rights of a Nevada MMJ patient who was prohibited from purchasing a firearm by a local gun store in 2011.
More than recently, a Philadelphia-based physician named Matthew Roman filed a lawsuit against the federal government in 2022 after beingness prohibited from purchasing a firearm from a licensed dealer in Pennsylvania. The doctor has both prescribed medical marijuana to patients and uses it himself to deal with PTSD. He was trying to purchase the handgun for protection and answered the groundwork check questionnaire honestly.
His suit alleges that both his right to own a firearm and his Fifth Amendment right against self-incrimination were violated, since the federal firearms transaction form requires MMJ patients to state that they take used cannabis "unlawfully" even if it's legally sanctioned under state law. While the outcome of this lawsuit is still uncertain, Matthew Roman's medical license was suspended in 2022 by the state due to his unhinged YouTube appearances, so information technology might be a good thing in this individual case to non provide him with a gun.
Despite the lawsuits filed past MMJ patients, there is fiddling likelihood for the ATF to change their position on medical marijuana and gun laws until marijuana is federally legalized.
However, if yous are an alcoholic, you can hop in your car right now and buy that gun. You can fifty-fifty announce it to the licensed gun salesman on your fashion in – the law is (hypocritically) on your side. Hopefully we'll meet these airheaded paradoxes become a thing of the past as cannabis reform continues to spread and more people (especially our friends at the ATF) go educated on the bodily science behind cannabis.
FAQs
Tin you lot become a gun with a medical carte du jour in Colorado?
Only if you lot purchase it from someone who does not practise a background check, and it is withal illegal to possess the gun.
Tin can you ain a gun with a medical card in Florida?
Information technology'southward illegal to own a gun in Florida with a medical bill of fare, since it violates federal law.
Can I own a gun if I accept an expired medical card Pennsylvania?
It is nevertheless illegal to own a gun even if you take an expired medical card, since there'due south already proof that you are or were an unlawful user of marijuana. It's the same as having a past marijuana conviction.
Can medical marijuana patients own a gun in any country?
It is currently federally illegal for any cannabis consumer to own a gun in any land.
Do you believe medical marijuana patients should have access to firearms? Why or why not? Share your opinions in the comments below.
Photo Credit: Ryan (license)
Source: https://potguide.com/blog/article/medical-cannabis-patients-own-guns/
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