In an era where marijuana legalization is spreading like wildfire at the state level, one major legal landmine remains: gun ownership. Can you legally own or purchase a firearm if you use marijuana – even legally, with a state-issued card? According to the Armed Attorneys Edwin Walker and Richard Hayes, the answer is complex, risky, and potentially life-altering.
Federal Law: Still the Final Word
Edwin Walker and Richard Hayes open their discussion by making something crystal clear: under federal law, marijuana remains a controlled substance. This means anyone who is considered an “unlawful user of or addicted to any controlled substance” is federally prohibited from possessing firearms under 18 U.S. Code § 922(g)(3). It doesn’t matter if your state allows recreational or medical cannabis – federal law overrides.
As Hayes puts it, “Which law controls? Federal law. Every time.” Even if your state has decriminalized or legalized cannabis, that won’t protect you if the federal government decides to prosecute. That’s a scary truth for law-abiding citizens who follow their state’s rules but forget how far-reaching federal law can be.
The ATF’s Trick Question on Form 4473
Walker points to the infamous “gotcha” question on the ATF Form 4473 – the form you fill out when purchasing a firearm from a licensed dealer. Question 21(f) asks if you’re an unlawful user of marijuana or other controlled substances, and warns that use of marijuana is illegal under federal law, “regardless of whether it has been legalized or decriminalized” in your state.
Answer “yes,” and your firearm purchase is denied. Answer “no,” and if the government later finds out you lied, that’s a felony – on top of the unlawful possession charge. It’s a catch-22, and Walker says it’s one that has gotten people into serious legal trouble.
A Landmark Case: Daniels and the Fifth Circuit
Richard Hayes brings up the Daniels case, a major moment in the ongoing legal tug-of-war. Daniels, who used marijuana about 14 days per month, was found with a firearm and convicted under 922(g)(3). He challenged the law, claiming it violated his Second Amendment rights.
In a twist, the Fifth Circuit Court eventually agreed – as applied to Daniels, the law was unconstitutional. But Walker is quick to note: “It was an as-applied challenge. That means this ruling applies only to him. Everyone else still has to fight their own legal battle.”
So, while this case gives some hope, it doesn’t open the floodgates. You still risk federal prosecution unless the Supreme Court or Congress steps in to change things more broadly.
The Medical Marijuana Trap
Hayes warns that having a medical marijuana license is one of the biggest dangers for gun owners. A license is a written admission that you are actively using a federally banned substance. It’s a smoking gun for prosecutors – no pun intended.
He recounts a case in Texas where a man with a medical marijuana card was denied his License to Carry a handgun, despite having no criminal record. The state cited his admission of marijuana use, which under federal law made him a prohibited person.
The message here? A medical card may offer you relief for chronic pain, but it can also revoke your right to own a firearm.
“Continually Incapacitated”: What Does It Mean?
Both Walker and Hayes grapple with the confusing standard mentioned in the Daniels case: whether someone is “continually incapacitated” by marijuana use. The court didn’t define this precisely, but it suggests a difference between someone who smokes occasionally versus someone constantly under the influence.
“Who is continually incapacitated?” Hayes jokes. “Maybe someone like Snoop Dogg or Willie Nelson.” But the problem is, no one really knows where the line is drawn, and prosecutors can interpret that as broadly or narrowly as they want.
States Legalize, But the Feds Can Still Prosecute
Just because your state has legalized weed doesn’t mean federal agencies are powerless. As Walker explains, prosecutors can – and sometimes do – go after people even in legal states. Local police departments, in some cases, pass marijuana-gun cases up to the feds.
Even if this doesn’t happen often, it doesn’t mean it can’t happen to you. Walker warns, “The federal government can still prosecute at any moment, and your state law won’t protect you.”
The Surveillance Risk: Dispensaries and Firearms Records
Another point raised by the Armed Attorneys involves government surveillance and record cross-checking. Could the DEA use firearm purchase records to track gun owners who visit dispensaries? Hayes says yes, it’s possible – and it wouldn’t take much effort.
With digital records, license plate readers, and dispensary databases, it would be relatively easy to identify people who both use cannabis and own guns. That creates a legal ticking time bomb, especially if federal enforcement priorities change.
Licensing Trouble: More Than Just Gun Purchases
Licensing issues go beyond buying guns. Walker notes that in states with concealed carry programs, applying for a license may involve background checks that uncover your medical marijuana card.
If the licensing agency sees that you’re a cannabis user – even legally – they can deny your license outright, citing the federal gun prohibition. And some agencies, like Texas DPS, are especially aggressive in digging through applicants’ pasts.
Denial of Rights with No Conviction
Here’s the part that stings the most: you don’t even need to be convicted of a crime to lose your gun rights. Just the acknowledgment that you use marijuana – like holding a medical card – is often enough to disqualify you.
You could be a law-abiding, tax-paying citizen who simply follows a doctor’s advice for pain relief, yet be classified as a prohibited person under federal firearms law.
A Law That’s Out of Sync with Society
Hayes and Walker point out the broader issue: public opinion and state laws have moved on, but federal law remains stuck in the past. Gun owners are caught in the middle of a legal contradiction where doing the right thing in one jurisdiction might get you arrested in another.
With Congress slow to act and the courts issuing narrow rulings, there’s no consistent guidance. Until something changes, gun owners need to be cautious, especially in states where marijuana is legal but firearm rights remain federally restricted.
Can We Expect Change Anytime Soon?
So, will the federal government change its stance? Walker is doubtful. “Unless Congress steps in or the Supreme Court issues a broad ruling, we’re stuck with this patchwork.” The Daniels case gives some hope, but it doesn’t fix the underlying problem.
Until then, every gun owner using cannabis – recreationally or medically – faces a legal risk. That risk might be small in practice, but it’s real, and potentially devastating.
Be Careful Out There
The Armed Attorneys’ bottom line is this: know what you’re getting into. If you’re a gun owner who uses marijuana, or even thinks about getting a medical card, talk to a qualified attorney. The consequences of getting this wrong can follow you for the rest of your life.
And from my perspective – this contradiction is a perfect example of how outdated laws can make criminals out of everyday people. It’s time we got some clarity from Congress or the courts. Until then, be careful, stay informed, and don’t assume your state’s laws will keep you safe from Uncle Sam.
Gary’s love for adventure and preparedness stems from his background as a former Army medic. Having served in remote locations around the world, he knows the importance of being ready for any situation, whether in the wilderness or urban environments. Gary’s practical medical expertise blends with his passion for outdoor survival, making him an expert in both emergency medical care and rugged, off-the-grid living. He writes to equip readers with the skills needed to stay safe and resilient in any scenario.