Do Medical Marijuana Cardholders Lose Gun Rights in 2025?

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Written By Steve Brandon

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December 17, 2024

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confused man holding gun with medical marijuana card in 2025 questioning gun ownership rights

In 2025, many people in the United States will ask, “Do you lose your gun rights if you have a Medical Marijuana Card in 2025?” Well, the answer is not in your favor. Yes, If you have a medical marijuana card in 2025, you could lose your gun rights. Although many states have legalized medical cannabis, current federal law still bars marijuana users from owning firearms. According to Data Published by Pew Research Center, around 25% of women and 40% of men own firearms, with 47% of gun owners living in rural areas. The Second Amendment protects gun rights, but possessing medical marijuana can complicate things, raising questions about hunting and firearm rights when your card expires. Continue reading to explore how medical marijuana impacts gun rights and what it means for you.

The Role of Federal Law in Gun Ownership and Cannabis Use

Marijuana and weapons are at the center of heated debates across the United States, raising questions about the legalities involved. For instance, federal law prohibits individuals using cannabis products from owning or purchasing firearms. This restriction exists because marijuana is still classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA), even in states where medical use is legal. So, if you have a medical marijuana card, understanding these rules is essential to avoid legal complications.

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atf form 4473 highlighting question about marijuana use for gun buyers

Does the ATF know if you have a medical marijuana card?

What is ATF?

The ATF, or Bureau of Alcohol, Tobacco, Firearms, and Explosives, is a federal agency in the U.S. that enforces laws related to alcohol, tobacco, firearms, explosives, and arson. They are responsible for making sure people follow laws about these items, including regulating the sale of firearms and investigating crimes involving explosives or illegal substances. Essentially, the ATF helps ensure public safety by enforcing laws related to these products and preventing illegal activities. The ATF doesn’t directly know if you have a medical marijuana card. But when you buy a gun, you’ll need to fill out ATF Form 4473, which asks if you use marijuana. If you answer “yes,” you won’t be able to buy the gun.

What is ATF Form 4473?

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) requires the “Firearms Transaction Record,” or ATF Form 4473, when a person buys a firearm from a licensed dealer in the US. The form gathers comprehensive data on the firearm and the customer, such as:

Personal Information: The buyer’s name, address, birth date, and other identifying information.
Firearm Information: The type, make, model, and serial number of the firearm being purchased.
Background Check inquiries: A set of inquiries regarding the buyer’s criminal background, drug usage, mental health history, and other characteristics that may preclude them from owning a handgun.

The form is used as part of the background check process through the National Instant Criminal Background Check System (NICS). Providing false information on ATF Form 4473 is a federal offense, punishable by fines and imprisonment. For more details, you can go through this legal document 18 U.S.C. § 924(a)(1)(A).

Can you have a concealed carry and medical marijuana card?

Yes, in some states, you can have both a concealed carry permit and a medical marijuana card, but it’s a complicated issue due to the conflict between state and federal laws. Federal law prohibits firearm ownership and possession for anyone who uses marijuana, even if it’s for medical purposes and legal under state law. This creates a legal gray area for people who hold both a permit and a medical marijuana card.

Here’s a simple breakdown:

State Rules: Many states allow both a medical marijuana card and a concealed carry permit, but each state has its own rules please check with your state laws.
Federal Law: Marijuana is illegal under federal law, and using it disqualifies you from owning or carrying firearms, including concealed carry.
Permit Applications: Applying for a concealed carry permit often requires you to declare you don’t use illegal drugs. A medical marijuana card could result in a denial.
Enforcement: While some states don’t strictly enforce federal firearm laws related to marijuana, federal law still applies and could cause legal issues.

existing guns and medical marijuana card concept with marijuana leaf and gun elements

What happens to my current gun collection if I obtain an MMJ card?

The answer to this question depends on various federal and state laws, as well as the gun owner’s situation. From a federal standpoint, people with a medical marijuana (MMJ) card are not allowed to own guns, and violating this rule can lead to serious legal consequences. So, this explains that the federal government is unlikely to arrest someone for already owning guns if they get an MMJ card. The key issue is not about owning firearms, but about purchasing them. Laws like the Brady Act are meant to prevent the sale of guns, but they don’t stop people from inheriting or receiving firearms as gifts.

steps to address concerns about medical marijuana cards and gun rights with tips for staying informed

What Should You Do If You’re Concerned About Your Gun Rights in 2025?

If you’re concerned about your gun rights and have a medical marijuana card, it’s crucial to understand the legal landscape.

Here are some key steps to take:

Consult with an attorney: If you’re unsure about your legal standing, consulting a lawyer who specializes in firearms or cannabis law can help clarify the rules.
Check state regulations: While federal law is clear, individual states may have specific regulations regarding gun ownership for medical marijuana users.
Be honest: Always disclose your cannabis use on the ATF form to avoid potential legal trouble.
Understand the risks: If you currently own firearms and then get a medical marijuana card, there are risks involved. While you may not face consequences for owning guns you already have, purchasing new ones or applying for a concealed carry permit could be problematic.
Keep updated on legal changes: Laws surrounding marijuana and firearms are evolving. Make sure you stay informed about any changes in both state and federal laws that may impact your gun rights as a medical marijuana user.

By following these steps, you can better understand the legal complexities of owning a firearm while holding a medical marijuana card. Always stay informed and seek professional advice if needed.

image of a medical marijuana card from mymmjdoctor with the heading 'want access to marijuana mmj card' and a button that says 'apply today'

Conclusion

If you have a medical marijuana card, you may be wondering whether it affects your gun rights in 2025. Federal law still prohibits individuals who use marijuana for medical purposes from legally owning or purchasing firearms, creating a complex legal situation. It’s important to be aware of these restrictions if you’re considering buying a firearm or applying for a concealed carry permit. Staying informed about state laws and seeking advice from legal professionals can help you navigate these challenges.

FAQs

Can you own a gun with a medical marijuana card? No, owning a gun with a medical marijuana card can be problematic due to federal law. While many states have legalized cannabis for medical use, federal law still classifies marijuana as a controlled substance. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), individuals who use marijuana for any purpose, including medical use, are prohibited from purchasing or owning firearms. This restriction applies even if the state law permits medical marijuana use.

Will you lose your gun rights if you have a medical marijuana card in 2025? Yes, if you have a medical marijuana card, you can lose your gun rights in 2025. Federal law prohibits anyone using marijuana, even for medical purposes, from owning or purchasing firearms. This includes medical marijuana cardholders, as the ATF follows federal law, not state law. Even in states where cannabis is legal, owning a gun could still be problematic for those using marijuana medically. Always consult legal professionals for specific guidance based on your situation.

Can my spouse have a gun if I have a medical marijuana card? The answer depends on whether your spouse is also a marijuana user. If your spouse is not using cannabis and is not a medical marijuana cardholder, they can legally possess firearms. However, if you’re living together and are a medical marijuana user, it’s important to ensure that your firearms are stored safely and securely to avoid any potential legal issues.

Can you hunt if you have a medical marijuana card? No, you cannot legally hunt if you have a medical marijuana card. Federal law prohibits anyone who uses marijuana, even for medical purposes, from possessing or using firearms. Since hunting typically involves the use of firearms, this creates a legal issue for medical marijuana cardholders. While some states may have different regulations, the federal restriction still applies, making it illegal to hunt with a firearm if you’re a medical marijuana user. Always check local state laws, but keep in mind that federal law takes precedence when it comes to gun ownership and marijuana use.

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