SPRINGFIELD, Mo. — While medical marijuana is legal in Missouri, it is still illegal federally… Which will have an impact on gun owners.
Things are moving along quickly for implementing medical arijuana laws in Missouri, but there are some things you should keep in mind if you plan on applying for a medical card.
At Eagle Armory on National Avenue, they say they haven’t had too many inquiries yet. Howver, they know in the next few months they’ll be telling medical marijuana patients they can’t buy a firearm.
“You know, I could see how some people would get frustrated by it, but we have to do our part,” says Chan Hocklander of Eagle Armory.
Their “part” is to abide by the federal law. Hocklander says as a licensed dealer by the Federal Firearms License, that’s the word that they go by.
“At the end of the day since we’re licensed by the federal government, those are the laws we abide by. I’m not going to say it doesn’t matter what the state says, but at the end of the day, the federal law is going to trump state law for a business like ours,” says Hocklander.
In fact, state law doesn’t say much yet at all when it comes to medical marijuana and firearms ownership.
Criminal Defense Lawyer Adam Woody says the Missouri Department of Health and Senior Services are still sort of crafting the rules and regulations when it comes to medicinal marijuana in Missouri.
Woody says the ATF has been fairly lenient when it comes to states passing laws to legalize cannabis, but they drew the line at firearms posession.
“When it comes to gun ownership in conjuction with medicinal marijuana, that’s kind of where the ATF has decided to put it’s foot down. They are regulating that very closely, and in fact the ATF has completely outlawed sales of guns to people who have medicinal marijuana permits or prescriptions,” says Woody.
If a medical cannabis patient tries to buy a gun, they won’t get far.
“That is actually one of the things that background checks for purchasing firearms looks at. If you’re on the list as having a medical marijuana card, you cannot purchase a new firearm,” Woody explains.
At Eagle Armory, they know in the coming months those situations are bound to happen, but they are still working on how to deal with customers who have this conflict.
Woody expects the state regulations to stay silent on gun ownership laws, leaving it completely in the hands of the federal government.
While we wait on those final regulations to come down, Woody says this only applies to those wanting to buy new firearms. If you already own a gun and plan to apply for a medical marijuana card, there is no current state law that prevents you from doing that.