Louisiana is known as the “Sportsman’s Paradise” for a very good reason. We love the outdoors, we love hunting, and we deeply value our ability to protect our families. Owning a firearm is a big part of life for many people in our state. At the same time, many folks are discovering the benefits of medical marijuana. It helps with pain, anxiety, and many other health issues. But there is a worry that choosing medicine might mean losing your rights. This leads to a very common question: Can MMJ Card Holders Buy Guns in Louisiana? The answer is a bit tricky because state rules and federal rules are different.
The short answer is that Louisiana state law protects your rights better than almost anywhere else. However, federal law still prevents you from buying new guns from a store. Let’s break this down so it makes total sense.
The Federal Hurdle: Why Buying is Hard
To understand the problem, we have to look at the laws coming from Washington, D.C. The federal government has a rule called the Gun Control Act of 1968. This law decides who is allowed to own weapons and who is not.
Under this federal law, anyone who uses “controlled substances” is banned from owning guns. This is where the conflict starts. The US government lists marijuana as a Schedule I drug.
They put it in the same group as dangerous street drugs like heroin. Because federal law applies to the whole country, it overrides state laws at gun stores. This means the federal government sees patients as “prohibited persons.”
Key Facts About Federal Rules:
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Federal Supremacy: Federal laws often trump state laws when it comes to purchasing firearms.
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Schedule I Drugs: The government still classifies cannabis as having no medical use.
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Prohibited Persons: Any user of cannabis is legally banned from possessing guns by the ATF.
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No Exceptions: Federal law currently does not care if you have a medical card or not.
The Louisiana Difference: Act 651 & State Protections
While the federal government is strict, Louisiana has taken a different path. Our state lawmakers realized that patients shouldn’t be punished for following doctor’s orders. So, they passed some very important laws to help us.
The most important one is Act 651, which was signed in 2022. This law is a game-changer for medical marijuana patients. It specifically protects your right to have a Concealed Handgun Permit.
The law says that the state cannot deny your permit just because you are a medical marijuana patient. This means that in the eyes of Louisiana, you are a law-abiding citizen. You can legally hold your permit and your medical card at the same time.
What Act 651 Means for You:
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Permit Protection: The state cannot deny a Concealed Handgun Permit solely based on patient status.
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State Rights: Louisiana explicitly recognizes the rights of patients to bear arms under state law.
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Law Enforcement: State police are instructed to treat patients as legal citizens, not criminals.
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Employment Rights: This act also helps protect state employees who are patients.
The Trap: ATF Form 4473 (Buying from a Dealer)
Even though Louisiana protects you, buying a new gun is still difficult. This is because of the paperwork you have to do at the store. When you buy from a licensed dealer, you must fill out a federal form.
This document is called the ATF Form 4473. It is a background check that goes through the FBI system. Every gun store in America has to use it.
Question 21(g) Explained
The form asks a lot of questions, but Question 21(g) is the trap. It asks if you are an unlawful user of marijuana or other drugs. It even has a bold warning printed right there on the paper.
The warning says that even if your state has legalized it, marijuana is still illegal federally. This means if you have a medical card, you cannot say “no.” If you do say “no,” you are lying to the federal government.
So, Can MMJ Card Holders Buy Guns in Louisiana from a dealer? No, because you cannot truthfully pass this background check without committing a crime called perjury.
Why the Background Check Fails:
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The Specific Question: You must answer if you use marijuana, and “yes” equals a denial.
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The Warning Label: The form explicitly states that having a medical card does not exempt you.
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Perjury Trap: Lying on a federal form is a felony crime punishable by prison.
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Dealer Liability: Gun store owners cannot sell to you if they know you have a medical card.
Prioritizing Your Health in the Bayou State
This creates a situation where you have to make a personal choice. Many people already own the guns they need for hunting or protection. For them, the ability to buy new guns isn’t as important as their health.
Living with chronic pain, PTSD, or cancer is very hard. Medical marijuana provides relief that helps people get their lives back. In Louisiana, you can legally possess your medicine and your current firearms under state law.
If you are ready to address your health needs with a legal recommendation, consulting with Kif Doctors is the safest path forward. We help you stay compliant with state rules so you can feel better.
We have a team that understands the unique laws in our state. You can learn about our Louisiana specialists and how we help residents every day. We are here to support your journey to wellness.
Transparent Costs for Louisiana Residents:
We believe you should know exactly what you are paying for. Follow this pricing: See our Affordable Rates Here for Instant Approval options! We keep our fees low so you can focus on healing without stress.
Why Health Comes First:
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Legal Medicine: A card allows you to buy safe, tested products from licensed pharmacies.
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State Protection: Act 651 offers legal cover for possession that you don’t get without a card.
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Better Living: treating your condition effectively can improve your sleep, mood, and mobility.
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Doctor Supervision: You get professional guidance on how to use cannabis safely.
What About Constitutional Carry in Louisiana?
Recently, Louisiana joined other states in allowing “Constitutional Carry.” This means that for many people, you don’t even need a permit to carry a concealed weapon anymore. This was a big victory for gun rights groups.
This law makes it easier to carry a gun for protection. However, it does not fix the problem at the gun store. Constitutional Carry is about carrying, not buying.
You still have to pass the federal background check to purchase a firearm from a dealer. The permitless carry law does not erase the federal “prohibited person” status. It just removes the state paperwork for carrying.
Constitutional Carry Facts:
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No Permit Required: Eligible citizens can carry concealed without asking the state for permission.
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Buying is Unchanged: This law does not remove the requirement for a federal background check at stores.
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Federal Limits: You are still subject to federal restrictions on possession and purchase.
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Know the Law: It is important to understand where you can and cannot carry, even without a permit.
Conclusion
Louisiana is doing a great job trying to protect its citizens. Laws like Act 651 show that our state values both your health and your rights. We are ahead of many other places in the country.
However, the federal government is still behind the times. So, Can MMJ Card Holders Buy Guns in Louisiana? You cannot buy new ones from a store because of federal forms, but state law protects your right to possess and carry what you have.
You shouldn’t let confusion stop you from getting the relief you deserve. If you are hurting, there is a legal way to feel better. Your health is the most valuable thing you own.
We are keeping a close eye on these laws as they change. You can read our latest guides to stay updated. If you are ready to take the next step, book your appointment today.
References
- Louisiana State Police (LSP): Concealed Handgun Permit Unit Information
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Form 4473 and Federal Regulations
- Louisiana State Legislature: Act 651 (2022 Regular Session)
