Federal Gun Law and Medical Marijuana: Understanding the Implications for Background Checks
The use of marijuana, especially for those with a medical marijuana card, can significantly impact one's ability to purchase a firearm. Federal law, which trumps state law, imposes strict regulations on firearm purchases, ensuring public safety. This article discusses the specific implications and the potential consequences faced by individuals using medical marijuana when trying to obtain a firearm.
Understanding Federal vs. State Laws
The primary point to remember is that federal gun laws take precedence over state laws. Whether state marijuana use is legal or not does not alter the federal stance. Federal law prohibits individuals from purchasing firearms if they have used marijuana within the past year or have used it more than once in the past five years. This rule applies irrespective of the state where the individual resides or where the purchase is made.
Significant Considerations: Felony Convictions
One of the critical factors to consider is the presence of felony convictions. Federal law strictly enforces the prohibition of firearm ownership if an individual has a felony conviction, as these convictions override any state laws. A person who has failed a background check for firearm purchase likely has a felony conviction, making repeated attempts at obtaining a firearm futile until the conviction is rectified.
Implications for Medical Marijuana Patients
For individuals using medical marijuana, the situation is particularly complex. Under federal law, the use of any form of marijuana, including medical marijuana, is illegal. This means that these individuals will never be able to pass a federal background check for firearm purchases. Until marijuana is reclassified from a schedule 1 controlled substance, medical marijuana users face significant barriers to firearm ownership.
Even if a person is in a state that has legalized medical marijuana, they must be cautious. The federal background check is the determining factor, and the use of medical marijuana will inevitably result in a failure. An example to illustrate this is a friend in Illinois who had to surrender her firearm due to her medical marijuana card. This scenario underscores the importance of honesty in the background check process.
The Federal Form 4473 and the Risks
The Federal Form 4473 is an essential document when purchasing a firearm from a Federal Firearms License (FFL) dealer. This form includes a question that requires individuals to disclose whether they are an unlawful user of or addicted to marijuana or any controlled substance. Admitting to the use of marijuana, even under medical circumstances, carries severe penalties under federal law. Violating this section can result in a felony charge, punishable by up to 10 years in prison and a fine of up to $250,000.
Given these severe penalties, individuals with medical marijuana cards must either lie on the form and take this significant risk or face the certainty of failing the background check. Private sellers often require individuals to undergo background checks, further complicating the process for medical marijuana users.
Conclusion
Given the strict federal laws surrounding firearm ownership and marijuana use, individuals with medical marijuana cards face significant challenges. The federal government's uncompromising stance on this issue means that repeated background checks will not change the outcome. Honesty on the background check form is crucial, as the risks of lying are too high. States with more lenient laws on marijuana are no safeguard, as federal law remains the ultimate arbitrator in this context.