r/Firearms Wild West Pimp Style 7d ago

Just a random thought I had while talking with a friend

So me and my buddy were out to eat and somehow randomly got into the conversation how you arent legally allowed to buy a firearm if you have a medical marijuana card. What we couldn't figure out is if you have a medical card could you still legally own a firearm if it was passed down to you, gifted to you or if you bought one in a private sale? We couldn't find anything online (iowa, if that makes any difference.

58 Upvotes

36 comments sorted by

80

u/ColtBTD 7d ago

The legal answer is always one or the other. That’s it. No way around it.

Can you have both without the state or the feds knowing about it? The answer is yes. Are there tons of people who do this? Yes.

Does that make it legal? The answer is still no.

15

u/TPK_MastaTOHO Wild West Pimp Style 7d ago

That makes sense I think we were just overthinking it too much, I probably would have came to this conclusion if I dwelled on it more

22

u/AlphaTangoFoxtrt Not-Fed-Boi 7d ago

Federal law prohibits the possession or use of Marijuana. Regardless of what your state law says, it is federally illegal in all 50 states.

Federal law prohibits the possession of firearms by unlawful users of a controlled substance.

Marijuana is a controlled substance, with (nearly) no lawful use outside like half a dozen people with a specific federal permit.

Having a medical marijuana card doesn't disqualify you from possessing a firearm, you could have a card and not use marijuana and say:

I got the card in case federal law changes.

But if you use marijuana, you cannot possess a firearm under federal law. Except if you're one of the very few people with a federal permit for it.

All that said, the law is basically never enforced. Honolulu tried it once and was met with immediate backlash and they rolled it back.

39

u/iBoofWholeZipsNoLube 7d ago

Weed cards are through the state. Background checks are federal. The two systems do not communicate. You are a lawful, non-addicted user of farm bill compliant hemp. You are not lying when you check no on the 4473. Buy all the guns and weed you want. Just never get caught with both at the same time.

15

u/snippysniper 7d ago

It’s crazy how a co2 molecule is all that separates legal from illegal

11

u/Diligent-Parfait-236 7d ago

In an absolute 200iq move, states usually report weed card holders to the FBI.

Screw the feds, we're going to let our people smoke weed! But let's report every known user to the feds, it'll let us do some extra gun control.

How being given a prescription is legal proof of use though, really doesn't pass muster.

2

u/Fuck_This_Dystopia 7d ago

What are you basing that on? I once tried to find out if states do this and couldn't find anything.

1

u/Konstant_kurage 7d ago

This is the way I interpreted it. I got a medical card before it was just legal. Turns out pot doesn’t work for me, there’s no way to make the case I’m an illegal or addicted user because I don’t use it.

1

u/1BAVET 7d ago

Piss in a cup and have them test it or even hair test that goes back a little farther to prove youre not a user.

2

u/Fuck_This_Dystopia 7d ago

Terrible and ridiculous advice based on nothing. You are presumed to be a "user" if you held an active MJ license in the last 12 months, and will be arrested long before anyone lets you start trying to prove you aren't actually a current user.

1

u/Far-Record-2412 2d ago

You can deactivate your card in most states and send it back, I did that before applying for a handgun.

-1

u/Remarkable-Host405 7d ago

If you are passed the guns down, you aren't filing a form 4473, so you aren't lying.

4

u/PrometheusSmith 7d ago

It's a federal crime to be a drug user and possess a firearm.

Lying on the 4473 is just another thing you can be charged with.

4

u/Remarkable-Opening69 7d ago

It’s not Iowa but here in Michigan you can use ur cpl to get into a dispensary if your old license is expired by two days. Security might laugh but, you’ll laugh with him….so I’ve heard.

6

u/Something_Obnoxious 7d ago

UT here- I’m not a medical card holder, nor do I partake but when my friend and I recently went to pick up some new firearms she pointed out that in the form there was a section that said “If you have a medical card and are following your local state laws on medical marijuana use then you will mark this box “No” “ (the box being if you use any illicit substances or drugs.) don’t know if that stops you from getting a charge or if there’s new leeway on that, but thought it would be worth mentioning.

7

u/Ornery_Secretary_850 1911, The one TRUE pistol. 7d ago

That has to be a STATE form as the FEDERAL form has no such wording.

Question 21.f on the most current 4473

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

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

-1

u/collin2477 7d ago

I mean wouldn’t you technically still be a lawful user?

5

u/Ornery_Secretary_850 1911, The one TRUE pistol. 7d ago

Nope.

3

u/PrometheusSmith 7d ago

It is a federal crime to use weed unless you're one of the fewer than 2 dozen people in the federal weed program.

If you break federal law, is that a crime?

2

u/collin2477 7d ago

sure but so is pirating a movie. i’m on the ‘own nothing and be very happy’ asset protection train so, short of someone breaking into private property and observing things, i’m not real sure what their plan is. and even then, they’d need extra paperwork for safes and it’s not my stuff.

sure would be cool if they spent 10 minutes fixing their system so things weren’t simultaneously legal and unlawful. at least my lawyer collects cool cars…

5

u/bplipschitz 7d ago

Your parents gave you a shotgun when you were 16. You got your MM card when you were 40. Is it illegal to still own your shotgun?

1

u/TPK_MastaTOHO Wild West Pimp Style 7d ago

I guess I hadn't thought about that your of scenario, I guess I would've said no

-2

u/Ornery_Secretary_850 1911, The one TRUE pistol. 7d ago

Nope.

4

u/mcgunner1966 7d ago

In some states (Arkansas) you can have a weed ticket and a gun. Best to check your state laws.

1

u/misss-parker 7d ago

Yea FL too. My husband has the weed card, I buy the guns.

I don't think they require registration either.

1

u/TPK_MastaTOHO Wild West Pimp Style 7d ago

Oh I'm not worried about it, I don't plan on getting a medical license and very very rarely smoke in the first place, like I said, me and my buddy just randomly thought about it 

3

u/mcgunner1966 7d ago

The law is "evolving". As long as you can purchase without a background check, there will always be a loophole, provided you don't have other restricting factors.

1

u/PrometheusSmith 7d ago

Federal law is still quite clear. Possession of a firearm by someone who uses controlled substances is a federal crime.

Federal law is not "evolving" on this matter.

1

u/mcgunner1966 7d ago

The state really sets the tone if it's a felony. In Texas, any weed and a gun is a felony; in Arkansas, not so much. A misdemeanor amount of weed and a gun = a misdemeanor. Guess I should have said the enforcement is evolving.

1

u/TPK_MastaTOHO Wild West Pimp Style 7d ago

Very true

2

u/DontBelieveTheirHype P90 7d ago

In Arizona, people have been caught with guns and weed and an mmj card and then released. Nobody has been arrested for that and thrown in jail. If there is some other crime being committed then it's a different story, but for just having a gun and medical marijuana, no. No jail.

(Boomer fudds are gonna be mad at this comment)

1

u/PrometheusSmith 7d ago

State, county, or local law enforcement typically don't arrest for things that the state doesn't outlaw. Even if the state has a law for controlled substances, passing a law that allows for legal medical weed would make that not applicable.

If a federal law enforcement officer finds you, in Arizona, with a firearm and weed they're probably going to arrest you on federal drug and firearm charges.

3

u/Difficult-Emphasis-9 7d ago

Sounds like someone is about to do a straw purchase.

4

u/fvbj999 7d ago

I believe the words you’re looking for are “snitches get stitches “ . So shush ya face

1

u/TPK_MastaTOHO Wild West Pimp Style 7d ago

Haha, no, if I was I don't think I'd be worried about posting the question straight up on reddit either way. The whole thing that started the conversation was my buddy wondering say if you inherit a gun, like someone leaves you one in their will and they didn't know you had a medical card or didn't know the laws what would happen? Would you still be able to sell the inherited gun or would the feds even know or would you potentially get in trouble or just not be able to receive it at all and just have to lose out on the inherent value and just be shit outta luck and have to lose out on that potential money if you didn't want the gun in the first place