Can Marijuana Users Legally Own Guns In New York?

A federal judge just struck down a major roadblock to gun ownership. Here in New York, gun ownership in New York State has certainly not been a linear path. Many strict laws have been put in place and some have been ruled unconstitutional after lengthy legal battles.

A federal judge in Texas made a ruling in a case that could have widespread effects in New York. U.S. District Judge David Briones of the Western District of Texas heard the case of the United States of America v. Adrian Gil, II. In July of 2021, El Paso, Texas Police entered Gil's house and found two big bags of marijuana and a few guns. Gil had a medical marijuana card from New Mexico but admitted that he knew he was not legally permitted to own guns. Gil pleaded guilty and was sentenced to 35 months in prison, according to The Marijuana Herald.

Gil chose to appeal his case. Judge Briones ruled against the federal government, stating that it failed to prove that Gil was under the influence of marijuana at the time of his arrest. This case, even though it is in Texas, may have major implications for those who possess medical marijuana cards here in New York and want to own guns. Judge Briones wrote, “The Fifth Circuit made clear that history and tradition do not support disarming someone solely based on past drug use.”

Can Medical Marijuana Users In New York Own Guns?

If you possess a medical marijuana card in New York State, you are NOT legally allowed to own guns. While the case in Texas certainly sets a precedent for legal challenges to the firearm ban, it is still illegal. The federal Gun Control Act of 1968 prohibits the sale of guns to certain people, saying it,

"is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731 (a) of the Internal Revenue Code of 1954)."

That means that anyone in New York who has a license to consume marijuana cannot own a firearm. Technically, anyone who uses marijuana or illegal drugs can't own a gun.

However, the New Orleans-based 5th U.S. Circuit Court of Appeals ruled in favor of Paola Connelly. Law enforcement arrested Connelly's husband after a disturbance involving a weapon with a neighbor. She admitted to police that she used marijuana. Police found drugs and paraphernalia, as well as guns she owned inside Connelly's home. Connelly also faced charges, according to Reuters. In the court's ruling in favor of Connelly, U.S. Circuit Judge Kurt Engelhardt wrote, "Marijuana user or not, Paola is a member of our political community and thus has a presumptive right to bear arms," and that "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

***This article is not intended to provide legal advice or counsel

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