Can I Get A Gun License In Oklahoma If I Have A Medical Marijuana Card?

oklahoma gun permit marijuana card

Under the language enacted by SQ 788, a medical marijuana license holder may have and be issued a gun license. Section 245A in Title 63 of the Oklahoma Statutes states, “No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.” A concealed carry permit is now referred to as a handgun permit.

It’s believed that the new medical marijuana law overrides language in 21 O.S § 1290.10. It says that someone may not have a gun license if that person is ineligible to possess a pistol due to any provision of Oklahoma or U.S. law, except for felons who have been pardoned. Federal law states that anyone who is a user of a substance that the federal government considers illegal (which currently still includes marijuana) may not legally possess a gun or ammunition. Since this law is so new, the courts may ultimately have to decide this issue.

Even if you’re allowed to get a gun permit as a medical marijuana license holder under this new law, you still can’t legally possess a firearm or ammunition. Firearms dealers may not sell a gun or ammunition to anyone they have reason to believe is an illegal drug user (per federal law). Possession of a medical marijuana license would give a firearms dealer sufficient reason to believe someone is an illegal drug user (under federal law).

Would The OSBI Or A Gun Dealer Know That I Have A Medical Marijuana License?

It is unlikely that the OSBI or firearms dealers would know whether you had a medical marijuana license. This is due to the protections in 63 O.S. § 420A. It states that “The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants.” Therefore, we can assume that medical marijuana license information will remain private to everyone unless the individual discloses their status. The only way a firearms dealer would know that you have a medical marijuana license is if you told them about your medical marijuana license or used your medical marijuana license as a form of identification.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

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