Can I Own A Gun If I Have A Medical Card in Louisiana?

If you live in Louisiana and are a medical marijuana patient or considering applying for a medical marijuana card, you may be wondering how this decision impacts your ability to own a firearm. Louisiana has a legal Medical Marijuana Program that allows patients with qualifying conditions to access cannabis for therapeutic purposes. However, the intersection of state medical marijuana laws and federal firearm regulations creates a complicated legal landscape for patients who want to exercise their Second Amendment rights.

This article will help you understand the complexities of owning a gun if you have a medical marijuana card in Louisiana. Whether you’re a gun owner curious about your rights or a patient new to medical cannabis, this guide will break down the legal nuances, provide real-life examples, and offer advice on navigating this tricky situation.

The Federal-State Conflict: What You Need to Know

To fully grasp the issue at hand, it’s essential to understand the conflict between state and federal laws. While Louisiana has legalized medical marijuana for qualifying patients, federal law still classifies marijuana as a Schedule I controlled substance. This classification creates significant legal issues for patients who use medical cannabis and wish to own or purchase firearms.

Federal Law: The Gun Control Act of 1968

The Gun Control Act of 1968 governs who can and cannot own firearms under federal law. Specifically, the law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from purchasing or possessing a firearm. Since marijuana remains illegal under federal law, this restriction applies to all cannabis users, even if they are using marijuana legally under Louisiana’s Medical Marijuana Program.

When buying a firearm from a licensed dealer, individuals are required to fill out ATF Form 4473, which includes a question asking whether the applicant is an unlawful user of any controlled substances, including marijuana. Even if you’re using medical cannabis legally in Louisiana, answering “yes” will result in a denial of the firearm purchase. Answering “no” while holding a medical marijuana card could be considered perjury, a federal offense.

Louisiana Law: Medical Marijuana and Firearm Ownership

Louisiana’s Medical Marijuana Program allows patients with specific qualifying conditions to access medicinal cannabis. However, the state does not have any specific laws that prevent medical marijuana patients from owning or purchasing firearms. Louisiana law does not require patients to forfeit their gun rights simply because they are using medical cannabis.

That said, because federal law overrides state law, medical marijuana patients in Louisiana are still subject to federal firearm restrictions. This means that while you may be able to legally own a gun under Louisiana law, federal law makes it illegal for you to possess or purchase firearms if you are using cannabis, even for medical purposes.

What Does This Mean for Louisiana Medical Marijuana Patients?

If you are a medical marijuana patient in Louisiana, the conflict between state and federal laws creates a complicated scenario. Here’s what it means in practical terms:

• If you already own firearms and later obtain a medical marijuana card, you are in a legal gray area. Louisiana law does not require you to surrender your firearms, but federal law makes it illegal to possess them as a cannabis user.
• If you try to purchase a firearm from a dealer while holding a medical marijuana card, you will likely be denied after filling out ATF Form 4473, as admitting to cannabis use disqualifies you from purchasing a firearm under federal law.
• If federal authorities choose to enforce the law, you could face legal consequences for possessing firearms while being a medical marijuana patient.

Can You Be Denied a Gun Purchase for Having a Medical Marijuana Card?

Yes. Under federal law, anyone who is a user of marijuana, even for medical reasons, is prohibited from purchasing a firearm. If you attempt to buy a gun from a federally licensed dealer, you will be required to complete ATF Form 4473, which asks about your drug use. If you answer honestly that you use medical marijuana, your purchase will be denied.

If you lie on the form and say that you do not use marijuana, you could face perjury charges, which is a federal offense. This is why it’s essential to be honest and fully understand the legal risks involved.

Legal Risks of Owning Both a Gun and a Medical Marijuana Card

The most significant legal risk for medical marijuana patients who own firearms comes from the conflict between federal and state law. While Louisiana law is more permissive, federal law takes precedence in this matter. Here are some of the main risks:

• Federal Charges: If federal authorities decide to enforce the law, medical marijuana patients who possess firearms could face charges for unlawful possession of a firearm.
• Perjury Charges: If you falsely declare on ATF Form 4473 that you are not a user of marijuana when you hold a medical marijuana card, you could be charged with perjury, which carries severe penalties.
• Loss of Gun Rights: Violating federal firearms laws could result in the permanent loss of your right to own or possess firearms in the future.

Although there has been no widespread federal enforcement targeting medical marijuana patients who own guns, the legal risk remains present. It’s crucial to be aware of these risks and make informed decisions based on your circumstances.

Potential Changes in the Legal Landscape

The legal relationship between cannabis and firearms is evolving, and there are ongoing efforts to reform cannabis laws at both the state and federal levels. Some lawmakers have introduced bills aimed at rescheduling or decriminalizing marijuana, which could potentially remove the conflict between state medical marijuana programs and federal firearm laws.

In addition, some states have attempted to pass laws that protect the rights of medical marijuana patients to own firearms. However, due to the supremacy of federal law, these efforts have been largely symbolic. Until federal cannabis laws are reformed, medical marijuana patients will continue to face challenges when it comes to firearm ownership.

What Should You Do If You’re a Medical Marijuana Patient in Louisiana and Want to Own a Gun?

If you are a medical marijuana patient in Louisiana and want to own or purchase a firearm, you should carefully consider your options and the potential legal risks. Here are some steps you can take:

• Consult with a Lawyer: It’s a good idea to talk to an attorney who specializes in cannabis or firearms law. They can help you understand your rights and the potential consequences of owning a gun as a medical marijuana patient.
• Stay Informed: Keep up with changes in both state and federal laws regarding cannabis and firearms. As cannabis laws continue to evolve, new rulings or legislative changes could impact your rights.
• Weigh the Risks: If owning a firearm is important to you, consider the potential legal risks of using medical marijuana. Some patients may choose to explore alternative treatments that do not conflict with federal law.

Real-Life Example: A Louisiana Patient’s Dilemma

Consider the story of John, a 40-year-old Louisiana resident who suffers from chronic pain due to a past injury. After years of unsuccessful treatments, John turned to Louisiana’s Medical Marijuana Program for relief, and he found that cannabis helped manage his pain more effectively than traditional medications.

However, John is also an avid hunter and gun owner, and he became concerned about the legal implications of owning firearms while using medical marijuana. After doing some research, John realized that while Louisiana law didn’t require him to give up his guns, federal law made it illegal for him to own or purchase firearms as a cannabis user.

John consulted with an attorney who explained the legal risks involved. Ultimately, John decided to keep his medical marijuana card but chose not to purchase any new firearms to avoid potential legal issues. He continues to monitor changes in the law and remains cautious about his situation.

Conclusion

For medical marijuana patients in Louisiana, the question of whether you can own a gun is complicated by the conflict between state and federal laws. While Louisiana law allows for medical marijuana use and firearm ownership, federal law prohibits cannabis users from possessing or purchasing firearms. This creates a challenging legal landscape that patients must navigate carefully.

Until federal laws change, medical marijuana patients in Louisiana who wish to own firearms should be fully aware of the legal risks and consider consulting with a lawyer to better understand their rights. While it may be frustrating for those who rely on medical cannabis, staying informed and making cautious decisions is the best way to protect yourself in this legal gray area.