If you are a resident of New York and hold a medical marijuana card, or you are considering applying for one, you may be wondering how this affects your ability to own or purchase a firearm. The issue is not as straightforward as you might hope, largely because of the conflict between state and federal law. New York has a well-established Medical Marijuana Program that allows patients to legally use cannabis for a range of medical conditions, but federal law still classifies marijuana as an illegal substance. This is where the complications arise for gun ownership.
This article will help explain the current legal landscape surrounding medical marijuana and gun ownership in New York. If you’re new to medical cannabis and are concerned about your ability to own a firearm, we’ll provide you with the information you need to make an informed decision.
The Federal and State Law Conflict
The primary issue for medical marijuana patients who want to own guns is the conflict between federal and state law. In New York, state law allows the use of medical marijuana under the New York Compassionate Care Act, but at the federal level, marijuana remains classified as a Schedule I controlled substance under the Controlled Substances Act. This creates a legal gray area for those who want to own a firearm while also using medical cannabis.
Federal Law: The Gun Control Act of 1968
The Gun Control Act of 1968 (18 U.S.C. § 922) is a federal law that regulates who can legally own and purchase firearms. Under this law, individuals who are considered “unlawful users” of controlled substances, including marijuana, are prohibited from purchasing or possessing firearms. This applies regardless of whether marijuana is legal for medical use at the state level.
When purchasing a firearm from a federally licensed dealer, you are required to complete ATF Form 4473. This form includes a question about whether you are an unlawful user of controlled substances, including marijuana. Admitting to marijuana use will cause your gun purchase to be denied, and lying on the form is considered perjury, a federal crime that carries significant penalties.
New York Law: Medical Marijuana and Gun Ownership
New York’s Medical Marijuana Program allows patients with qualifying conditions to use cannabis legally. The law does not specifically address the issue of gun ownership for medical marijuana patients, but it does not change the fact that federal law prohibits marijuana users from owning firearms.
New York has some of the strictest gun laws in the country, including background checks and permits for gun owners. However, the state does not currently revoke your gun rights simply because you are a medical marijuana patient. That said, you are still subject to federal law, which views marijuana use as illegal, regardless of the state’s stance.
The Impact of Federal Law on Medical Marijuana Patients in New York
Here’s how federal law affects your ability to own or purchase firearms if you are a medical marijuana patient in New York:
- Owning Firearms: New York law does not explicitly prevent medical marijuana patients from owning firearms, but federal law prohibits marijuana users from possessing firearms. This means that even though you may legally own a gun under New York law, you could be in violation of federal law if you are using medical marijuana.
- Purchasing Firearms: When purchasing a firearm from a federally licensed dealer, you must fill out ATF Form 4473 and disclose whether you use controlled substances, including marijuana. Admitting to marijuana use will result in your purchase being denied, and lying on the form can lead to prosecution for perjury.
- Legal Risks: Although the federal government has not heavily enforced marijuana-related gun laws against individual medical marijuana patients, the possibility of facing federal charges still exists. If the federal government chose to enforce these laws, you could face charges for unlawful possession of a firearm.
Can You Be Denied a Gun Purchase for Holding a Medical Marijuana Card?
Yes. Under federal law, medical marijuana patients are classified as “unlawful users” of a controlled substance, which means they are prohibited from purchasing firearms. If you try to buy a gun from a licensed dealer in New York, you will be required to fill out ATF Form 4473. Admitting to using marijuana will result in your purchase being denied, and lying on the form is a federal offense with serious consequences.
The Legal Risks of Owning a Gun While Using Medical Marijuana
Even though New York allows the use of medical marijuana, the conflict with federal law creates significant legal risks for gun owners. Here are the main risks to consider:
- Federal Charges: Federal law prohibits marijuana users from possessing firearms, even if they are using marijuana legally under state law. While there has not been a significant push to prosecute individual medical marijuana patients, the risk remains that federal law could be enforced at any time.
- Perjury Charges: If you lie on ATF Form 4473 and claim that you do not use marijuana when you actually do, you could be charged with perjury. This is a serious offense that could result in fines, imprisonment, or both.
- Loss of Gun Rights: If you are convicted of violating federal gun laws, you could lose your right to own or possess firearms permanently, even if you stop using medical marijuana in the future.
Potential Changes to Cannabis and Gun Laws
The legal landscape surrounding cannabis and firearms is constantly evolving. There are ongoing efforts at both the state and federal levels to reform cannabis laws, including proposals to remove marijuana from the list of Schedule I controlled substances under the Controlled Substances Act. If marijuana were reclassified, medical marijuana patients would no longer be considered “unlawful users” under federal law, potentially resolving the conflict between state medical cannabis programs and federal firearms regulations.
However, until such changes are made, medical marijuana patients in New York must navigate the legal gray area created by the conflict between state and federal laws.
What Should You Do if You’re a Medical Marijuana Patient in New York and Own or Want to Purchase a Gun?
Here are a few steps you can take if you’re a medical marijuana patient in New York and are concerned about your ability to own or purchase a firearm:
- Consult a Lawyer: A lawyer who specializes in cannabis or firearms law can help you understand your legal rights and risks. They can provide personalized advice based on your specific circumstances and help you navigate the complexities of state and federal law.
- Stay Informed: Keep up to date with any changes in state or federal laws that could impact your ability to own or purchase firearms. The legal landscape is continually evolving, especially as more states legalize marijuana for medical and recreational use.
- Weigh the Risks: If owning firearms is important to you, you may need to consider the legal risks of continuing to use medical marijuana. Some patients may choose to explore alternative treatments that don’t conflict with federal law.
Real-Life Example: A New York Patient’s Dilemma
Consider the story of Sarah, a 40-year-old New York resident who suffers from chronic pain due to fibromyalgia. After years of trying multiple treatment options, Sarah found relief through the state’s Medical Marijuana Program. Cannabis has helped her manage her pain and improve her quality of life.
However, Sarah is also a gun owner, and when she considered purchasing a new firearm, she was concerned about how her medical marijuana use might impact her ability to buy the gun. After researching the issue, Sarah discovered that while New York law allows her to use medical marijuana, federal law still prohibits her from purchasing a firearm as a marijuana user.
To avoid any legal issues, Sarah consulted with a lawyer who explained the federal restrictions on firearm ownership for marijuana users and advised her to be cautious about buying new firearms while using medical cannabis. Understanding the legal risks, Sarah decided to keep her current firearms but chose not to purchase any new ones until federal laws change.
Conclusion
The question of whether you can own a gun if you have a medical marijuana card in New York is complicated by the conflict between state and federal law. While New York allows for the legal use of medical marijuana, federal law still prohibits marijuana users from owning or purchasing firearms.
Until federal marijuana laws change, medical marijuana patients in New York who wish to own or purchase firearms must navigate the potential legal risks. Consulting with a lawyer, staying informed about legal developments, and weighing the risks are the best ways to protect yourself and your rights as both a medical marijuana patient and a gun owner.
Frequently Asked Questions (FAQs)
1. Can I legally buy a gun in New York if I have a medical marijuana card?
No. While New York allows the use of medical marijuana, federal law prohibits individuals who use marijuana from purchasing firearms.
2. Will I lose my existing firearms if I get a medical marijuana card in New York?
No. New York law does not require you to surrender your firearms if you become a medical marijuana patient. However, federal law still prohibits marijuana users from possessing firearms, which creates a legal risk.
3. Can I be arrested for owning a gun and using medical marijuana in New York?
While federal enforcement has been inconsistent, it is possible for medical marijuana patients who own firearms to face federal charges for unlawful possession of a firearm. The risk exists, even if New York state law does not actively enforce federal marijuana laws.
4. Are there efforts to change the law regarding cannabis and gun ownership?
Yes. There are ongoing efforts to reform cannabis laws at both the state and federal levels. Removing marijuana from the list of Schedule I controlled substances could potentially resolve the conflict between medical marijuana use and gun ownership in the future.
