Court Rules That Medical Marijuana Card Holders Can't Buy Firearms

If you have a medical marijuana card, the 9th U.S. Circuit Court of Appeals says that you can’t buy a gun.

The court ruled 3-0 on Wednesday (March 21, 2018) that a ban preventing medical marijuana card holders from purchasing firearms is not in violation of the Second Amendment, the Associated Press reports. There are nine western states under the appeals court’s jurisdiction, including Nevada, where the case originated.

According to the BATF - 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.

When you buy a gun from a licensed dealer, you are required to fill out Form 4473. Question 11. e. on the form asks you if you're an unlawful user of marijuana or other substances. Because marijuana is illegal federally, its use will be considered to be unlawful regardless of state law.

If you answer 'YES' to Question 11. e., you will be denied a firearm.

If you lie on the form and answer 'NO' to Question 11. e., you could face serious legal consequences.

The AFT sent a letter to all federally licensed firearms dealers in 2011 instructing them not to sell guns to people with medical marijuana cards. The ATF says the card gives a dealer "reasonable cause to believe" the person uses marijuana and should be denied a firearm.