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

If you live in Oklahoma and use medical marijuana or are thinking about applying for a medical marijuana card, one common question you might have is whether your cannabis use affects your ability to own or purchase a firearm. Oklahoma has a well-established Medical Marijuana Program that allows patients with qualifying conditions to legally use cannabis, but navigating the issue of gun ownership can be tricky as state and federal laws often conflict.

This article will guide you through the current legal landscape, explaining how federal and Oklahoma state laws intersect and what implications this has for medical marijuana patients who own or want to purchase firearms. Whether you’re new to medical cannabis or concerned about your gun rights, we’ll help you better understand the situation and make informed decisions.

The Conflict Between Federal and State Law

One of the biggest challenges for medical marijuana patients who wish to own firearms is the conflict between state and federal law. In Oklahoma, like many other states that have legalized medical marijuana, the state permits the use of cannabis for medical purposes. However, under federal law, marijuana remains illegal, classified as a Schedule I controlled substance under the Controlled Substances Act. This creates a legal gray area for gun ownership.

Federal Law: The Gun Control Act of 1968

Federal firearm laws, particularly the Gun Control Act of 1968 (18 U.S.C. § 922), prohibit certain individuals from purchasing or possessing firearms. Under federal law, individuals who are considered “unlawful users” of controlled substances—including marijuana—are barred from owning or purchasing guns. This applies even in states like Oklahoma, where medical marijuana has been legalized.

When purchasing a firearm from a federally licensed dealer, you are required to fill out ATF Form 4473. This form asks if you are an unlawful user of any controlled substances, including marijuana. Answering “yes” will result in the denial of the firearm purchase. Lying on the form is considered perjury, a federal crime that carries serious penalties, including fines or imprisonment.

Oklahoma Law: Medical Marijuana and Gun Ownership

Oklahoma allows the use of medical marijuana under its Medical Marijuana Authority (OMMA), which regulates the licensing and use of cannabis for patients with qualifying medical conditions. Although Oklahoma law does not provide specific restrictions on gun ownership for medical marijuana patients, the issue is primarily governed by federal law.

State law does not explicitly prevent you from owning a firearm if you are a medical marijuana patient. However, since federal law considers marijuana users “unlawful,” medical marijuana patients are still prohibited from purchasing a firearm from a federally licensed dealer. This means that even though you are following Oklahoma’s medical marijuana laws, you could run into legal complications if you try to buy a gun.

How Federal Law Impacts Medical Marijuana Patients in Oklahoma

Here’s what you need to know if you’re a medical marijuana patient in Oklahoma who either owns or wants to purchase a firearm:

• Owning Firearms: While Oklahoma state law does not explicitly prohibit medical marijuana patients from owning firearms, federal law does. This means that if you are using medical marijuana, you are considered an unlawful user of a controlled substance under federal law, which could put you at risk of violating federal statutes if you own a gun.
• Purchasing Firearms: When you attempt to purchase a firearm from a federally licensed dealer, you must complete ATF Form 4473. This form asks whether you use controlled substances, including marijuana. If you answer “yes,” the dealer will refuse the sale. Lying on the form by answering “no” can subject you to federal perjury charges, which can lead to fines, imprisonment, or both.
• Legal Risks: While federal authorities have not aggressively pursued individual medical marijuana patients for gun ownership, the risk of legal complications remains. If federal laws were enforced, medical marijuana patients who own or purchase firearms could face charges for unlawful possession of a firearm under federal law.

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

Yes. Under federal law, medical marijuana patients are considered unlawful users of a controlled substance. This means that you will be denied the purchase of a gun from any federally licensed dealer if you admit to using marijuana. If you lie on the form, you could face federal criminal charges for perjury.

The Legal Risks of Owning a Gun and Using Medical Marijuana

Even though Oklahoma law allows for the legal use of medical marijuana, federal law creates significant legal risks for gun owners. If you are a medical marijuana patient in Oklahoma, you should be aware of the following risks:

• Federal Charges: Federal law prohibits marijuana users from possessing firearms. While enforcement of this law has been inconsistent, there is always a possibility that federal authorities could enforce these regulations, which could result in serious legal consequences.
• Perjury Charges: If you lie on ATF Form 4473 when attempting to purchase a firearm—by denying that you use marijuana when you actually do—you could be charged with perjury. This is a federal crime with severe penalties, including imprisonment.
• 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 laws surrounding cannabis and firearms are constantly evolving. There are ongoing efforts at both the state and federal levels to reform cannabis laws, including discussions about removing marijuana from the list of Schedule I controlled substances under federal law. If marijuana were reclassified, medical marijuana patients would no longer be considered “unlawful users” under federal law, potentially allowing them to own or purchase firearms legally.

However, until such changes are enacted, medical marijuana patients in Oklahoma must continue to 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 Oklahoma and Want to Own a Gun?

If you’re a medical marijuana patient in Oklahoma and are concerned about your ability to own or purchase a firearm, here are some steps you can take to protect yourself:

• 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 situation and help you navigate the complexities of state and federal law.
• Stay Informed: Keep up with any changes in state or federal laws that could impact your ability to own or purchase firearms. The legal landscape surrounding cannabis and firearms is evolving, and staying informed is crucial to protecting your rights.
• Consider the Risks: If gun ownership is a priority for you, you may need to carefully weigh the risks of continuing to use medical marijuana. Some patients may choose to explore alternative treatments that do not conflict with federal law.

Real-Life Example: An Oklahoma Patient’s Dilemma

Consider the case of John, a 35-year-old Oklahoma resident who suffers from severe anxiety and chronic pain. After years of trying different treatments, John found relief through Oklahoma’s Medical Marijuana Program. Medical cannabis has helped manage his symptoms and improve his quality of life.

However, John is also a gun owner and enjoys recreational shooting. When he decided to purchase a new firearm, he became concerned about how his medical marijuana use might affect his ability to buy a gun. After doing some research, John discovered that while Oklahoma allows him to use medical marijuana, federal law still prohibits him from purchasing a firearm as a marijuana user.

To avoid any legal issues, John decided to consult with a lawyer specializing in cannabis and firearms law. The lawyer explained the federal restrictions on gun ownership for marijuana users and advised John to hold off on purchasing new firearms while using medical marijuana. Understanding the risks, John decided to prioritize his health and continue using medical cannabis, even if it meant not buying additional firearms for the time being.

Conclusion

The question of whether you can own a gun if you have a medical marijuana card in Oklahoma is complicated by the conflict between state and federal law. While Oklahoma allows the legal use of medical marijuana, federal law still classifies marijuana as an illegal substance and prohibits users from owning or purchasing firearms.

Until federal marijuana laws change, medical marijuana patients in Oklahoma who wish to own or purchase firearms must carefully navigate the potential legal risks. Consulting with a lawyer, staying informed, and weighing the risks are the best ways to protect your rights as both a medical marijuana patient and a gun owner.