![Qualifying Conditions For A Medical Marijuana Card In New York [A Complete Guide]](https://images.squarespace-cdn.com/content/v1/6372601b51675e46e6449b9f/1671630492667-4WT038X8XL1YE41Q6SC1/blog-hero.png)
Let’s say you noticed that your medical card’s expiration date is just around the corner, and you’ve been eyeing a shiny new handgun for home protection, or a classic hunting rifle.
While an expired medical card means that you can no longer purchase medical marijuana legally, you might be wondering, “Can I own a gun if I have an expired medical card?”
We’re here to answer this question and more.
We’ll explain the level of difficulty when buying a gun in each state, detail why medical marijuana card holders can’t buy firearms and share how you can easily secure a medical marijuana card with Dr. Marijuana Card if you’re a New York State resident.
Can I Own A Gun If I Have An Expired Medical Card In My State?
The answer to this question is yes — you can legally own or purchase a gun if you have an expired medical marijuana card, in any state.
You just need to fill out the required forms such as the Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 4473 and fulfill the additional requirements needed to purchase a gun from a federally licensed dealer.
Form 4473 is a six-page document that includes:
Your name
Your date of birth
Your address
The National Instant Criminal Background Check System (NICS) background check transaction number
The firearm model and serial number
A short affidavit stating that you are eligible to purchase firearms under the federal law
In addition to your identification details, question 21(e) on Form 4473 asks if you are “an unlawful user of or addicted to any controlled substance.” If you use medical marijuana, you are considered an unlawful user of a controlled substance, even if you have a medical card.
As long as your medical card is expired and you are not using medical marijuana, you can legally purchase and own a gun in the United States.
While Form 4473 applies to every state that has legalized medical marijuana, each state still has different laws regarding buying guns and the requirements can vary from state to state.
In Georgia, for example, — the state with one of the weakest gun laws in the U.S. — you need to be 21 or older, have a clean criminal record, submit a government-issued valid ID and pass a background check to secure a permit to carry.
But if you live in New York, the requirements are more complicated, as gun laws are stricter.
(Speaking of The Big Apple, check out our blog to find out if it is hard to get a medical marijuana card in NY!)
Before purchasing a gun in New York, you must submit the following requirements:
A handgun license permit issued by the New York City License Division
Your proof of residency within the state of New York
Your driver’s license
Two of your photos
An original copy of your Social Security Card
A reference letter from your employer if you need the gun for your job
In addition to filling out forms and securing permits, you’ll need to hand over your social media accounts for review and pass in-person interviews.
Check out the video below to get a look at NYC’s latest gun laws:
From The Peach State to The Cowboy State, here are cannabis-friendly states that have more relaxed gun laws (but an expired medical card or no medical card at all is still a must):
Georgia
Alabama
Arizona
Texas
Arkansas
Louisiana
Florida
Maine
Michigan
Mississippi
Montana
West Virginia
North Dakota
Nevada
New Hampshire
New Mexico
Ohio
Oregon
Oklahoma
Alaska
Kansas
South Dakota
Kentucky
Missouri
Utah
From The Big Apple to The Golden State, here are cannabis-friendly states that have stricter gun laws (but an expired medical card or no medical card at all is still a must):
New York
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maryland
Massachusetts
Minnesota
New Jersey
North Carolina
Pennsylvania
Rhode Island
Virginia
Washington
Why Medical Marijuana Card Holders Can’t Buy Firearms
The Gun Control Act of 1968 states that medical marijuana users cannot purchase or possess any type of firearm.
A 2011 open letter composed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) highlighted that the Gun Control Act of 1968 continues to remain in effect, regardless of America’s evolving societal views towards marijuana.
The open letter stated:
Regardless of the state level’s legality, cannabis consumers are considered “unlawful users of” the controlled substance
Medical marijuana card ownership is a reasonable cause to suspect that the card owner is an illegal marijuana patient, breaking Federal Law, despite obtaining the medical marijuana card per the state law
As a Schedule I controlled substance, marijuana is considered, under Federal Law, to have “no currently accepted medical use in treatment” and “there is a lack of accepted safety for use of the . . . substance under medical supervision” (id. § 812(b)(1)(B) & (C)).
What do these gun laws mean for medical marijuana patients?
Ultimately, if you own a valid MMJ card, you cannot own or buy a gun. And if you have a gun, you cannot apply for a medical marijuana card.
Medical Marijuana & Firearms: FAQs
1. Can I Buy A Gun After My MMJ Card Expires?
Yes, you can legally purchase a gun after your medical marijuana card expires.
2. How Long Should I Wait Until I Can Buy A Gun After My MMJ Card Expires?
You can buy a gun as soon as your medical marijuana card expires. Typically, a medical marijuana card is valid for a maximum of 12 months.
3. What Happens If I Have A Gun And Want To Renew My Medical Card?
Since the federal government and The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) specify that medical marijuana consumers cannot legally own a gun, you’ll need to turn over your licensed firearm, if you want to renew your medical card.
If you live in New York, you can voluntarily surrender your gun or ammunition to a designated local law enforcement agency with immunity from illegal firearm possession charges.
4. What Happens If I Don’t Surrender My Gun Despite Using Medical Marijuana?
If you don’t surrender your gun despite using medical marijuana, you can face serious criminal charges, including jail time and hefty fines.
5. Can My Spouse Own A Firearm If I Have A Medical Marijuana Card?
Yes. If you have a medical marijuana card, the ATF allows your spouse to own a gun, as long as your spouse is not a cannabis consumer.
Your spouse just needs to purchase the firearm and keep it locked away, ensuring that you don’t have access to it.
How Can I Secure My Medical Marijuana Card In NY With Dr. Marijuana Card?
With Dr. Marijuana Card, you can secure a medical marijuana card in New York for only $129.
Simply schedule a 15-minute online consultation with Dr. Dave — a certified MMJ doctor — so he can review your medical history and determine if medical marijuana is the right treatment for your condition.
Have your proof of residency within the state of New York, a valid ID with your photo, and preliminary information about your health records ready. Don't worry — your personal details will remain safe with Dr. Dave, in accordance with HIPAA rules and NYS law.
During your online assessment, Dr. Dave will evaluate your current state, symptoms and medical history to determine if you qualify for medical marijuana use.
Once you get a diagnosis and receive the green light from Dr. Dave to use medical cannabis, you'll receive a PDF copy of your NYS DOH medical marijuana certification right after your appointment, which you can use to register for the NYS Medical Cannabis Program.
Once you follow these simple steps, you can purchase medical cannabis from your nearest registered dispensary facility in New York City. Start your treatment with medical marijuana ASAP when you connect with Dr. Dave!
(Oh, and if you don't qualify for medical marijuana, just consider it a free consultation!)
Can I Own A Gun If I Have An Expired Medical Card? Key Takeaways
The Gun Control Act of 1968 states that medical marijuana patients cannot legally buy or own a firearm.
To prevent paying hefty fines and jail time, you must choose between the two — renewing your medical card or owning a gun.
Keep in mind that gun laws vary from state to state, so it is important to check your state’s laws before purchasing a firearm once your medical card expires.
You will need to submit different requirements depending on your state’s laws, including background checks and in-person interviews in states with stricter gun laws.
If you choose to renew your medical card in New York, you can count on Dr. Marijuana Card for quick and easy renewal.
Set up an online consultation with Dr. Dave, a certified medical marijuana physician, to help you secure your medical marijuana certificate in four easy steps for just $129!
