Gun Ownership for MMJ Patients in Minnesota?

Can You Own a Gun with a Medical Card in Minnesota?

No. Registered medical marijuana patients in Minnesota cannot lawfully own guns or ammunition. The state defers to the federal law on gun control, which disqualifies medical marijuana cardholders from possessing firearms.

Can Minnesota Medical Cannabis Patients Legally Carry Firearms Without Permits?

No. Medical marijuana patients in Minnesota cannot obtain firearms licenses, as the state bans registered patients from owning firearms legally.

Does Minnesota Require Background Checks for MMJ Patients Seeking Gun Licenses?

No. Minnesota does not allow gun ownership for medical marijuana patients.

Can You Get a Minnesota Medical Marijuana Card After Getting a Gun License?

Qualified medical cannabis patients can obtain Minnesota medical marijuana cards after getting gun licenses. However, a Minnesota medical marijuana card renders a gun license invalid. This means gun licensees will forfeit their right to carry firearms when they register with the Minnesota Cannabis Registry. Upon the expiration of their Minnesota medical marijuana cards, cannabis patients can legally purchase guns in the state. Additionally, spouses of cannabis patients may own guns, provided they are not marijuana consumers. Nonetheless, they must secure such firearms in a manner that prevents their partners (who are cannabis patients) from accessing them.

Legal History of Gun Ownership for MMJ Patients in Minnesota

Minnesota does not provide legal protection to medical marijuana patients in relation to firearm ownership. The state adopts a federal law that prohibits medical marijuana card holders from procuring guns. In 2021, a bill was introduced to cater to medical marijuana patients who desire to own guns. The bill, HF 435, provided that persons registered with the state’s cannabis registry will not be denied the right to purchase, own, carry, or possess firearms based on their status as cannabis patients. In 2022, a similar bill, SF 2802, was introduced to provide for medical marijuana patients’ right to own firearms. Both bills passed their first readings and are pending at the Minnesota Public Safety and Criminal Justice Reform, Finance, and Policy.

What Federal Law Says About the Firearm Rights of Medical Marijuana Users

The Second Amendment to the United States Constitution permits all citizens to own firearms. However, the federal government classifies marijuana as a Schedule I Controlled Substance&f=treesort&num=0&edition=prelim) and prohibits anyone using marijuana from acquiring firearms and ammunition. Similarly, the Gun Control Act of 1968 expressly bans unlawful users of controlled substances, including medical cannabis, from possessing firearms in the U.S.

In 2011, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued an open letter stating that medical marijuana cardholders cannot legally purchase firearms from licensed dealers. The ATF’s position was contested in the Wilson v. Lynch case. However, the 9th Circuit Court upheld that refusing to sell firearms does not breach a person’s Second Amendment rights.

Anyone procuring firearms in the U.S. must complete the ATF Form 4473. The ATF reiterates its position on cannabis users obtaining weapons with a warning statement on the form. False statements of marijuana usage on the ATF Form 4473 can result in felony prosecution. The penalty for dishonest responses includes fines up to $250,000, a jail term of up to 10 years in federal prison, and revocation of gun licenses.

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