Medical marijuana users can't legally own firearms, federal government says

Medical marijuana users can’t legally own firearms, federal government says

Gun Rights

Despite voters approving State Question 788 this week, Oklahomans with medical marijuana cards will likely not be able to legally own or obtain firearms due to federal law. After several states passed legislation permitting the use of marijuana for medicinal purposes, the Bureau of Alcohol, Tobacco, Firearms and Explosives sent an open letter to firearm licensees in 2011. The letter states marijuana is listed in the Controlled Substances Act as a Schedule 1 controlled substance, along with heroin and LSD. Federal law prohibits any person who is an "unlawful user of or addicted to any controlled substance" from shipping, transporting, receiving or possessing firearms. There are no exceptions in federal law for marijuana "purportedly" used for medicinal purposes, even if its use is sanctioned by state law, according to the agency. Further, the ATF warned that possession of a medical marijuana card is evidence that someone is an "unlawful user of a controlled substance." A question on ATF Form 4473 , a firearms transaction record that’s part of the background check necessary to buy a gun, asks whether the applicant is an unlawful user of marijuana. According to the agency, medical marijuana card holders are required to answer "yes," and they will be unable to buy a firearm. In Nevada, medical marijuana patient S. Rowan Wilson challenged the ruling when a gun store refused to sell her a firearm in 2011. The 9th U.S. Circuit Court of Appeals in 2016 ruled that a federal government ban of gun sales […]

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