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Q: How does an MMJ card affect gun ownership rights in Arkansas?
I am a gun owner with an MMJ card and would like to know how having a medical marijuana card might affect my gun ownership rights. I haven't experienced any issues or received notices about my gun rights, and I'm not aware of any specific changes or restrictions due to my MMJ card. What should I be aware of regarding laws in my state?
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James L. Arrasmith
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A:
In Arkansas, state law allows you to hold both a medical marijuana card and a firearm, but federal law takes a stricter position. Under federal law, marijuana remains a controlled substance, and anyone who uses it, even legally under state rules, is considered prohibited from owning or buying firearms. This creates a conflict that puts MMJ cardholders in a difficult position.
When purchasing a firearm from a licensed dealer, you must complete a federal background check form that asks about unlawful drug use. If you answer truthfully and indicate marijuana use, the dealer cannot legally sell you the firearm. If you answer untruthfully, you risk federal penalties for making a false statement. This means the real issue comes up during new purchases rather than with guns you already own.
For now, many people in your position continue to own firearms without immediate consequences, but the legal risk remains. You should be cautious about new purchases and aware that federal law enforcement could act even if state authorities do not. Understanding this tension between state and federal law is key to making informed decisions about both your gun rights and your medical marijuana use.
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