Gun Ownership for MMJ Patients in New Hampshire?

Can You Own a Gun with a Medical Card in New Hampshire?

No. Although New Hampshire currently has no specific laws concerning the possession of firearms by medical marijuana patients, the state conforms to a federal law prohibiting medical marijuana patients from carrying guns.

Can New Hampshire Medical Cannabis Patients Legally Carry Firearms Without Permits?

In compliance with federal law, New Hampshire medical marijuana patients cannot carry firearms.

Does New Hampshire Require Background Checks for MMJ Patients Seeking Gun Licenses?

No. Medical cannabis patients in New Hampshire cannot legally own firearms. No state legislation protects their gun ownership rights.

Can You Get a New Hampshire Medical Marijuana Card After Getting a Gun License?

There is no New Hampshire law specifically addressing gun ownership for medical marijuana patients. However, in line with federal law, it is illegal for anyone in the state to obtain a medical marijuana card after getting a firearm license. Considering the relaxed gun laws in New Hampshire, a cannabis patient may get a gun after their medical cannabis card expires. It is also possible for spouses of medical cannabis patients in the state to own guns.

Legal History of Gun Ownership for MMJ Patients in New Hampshire

Although there is no specific state law regulating gun ownership for medical marijuana patients in New Hampshire, the state has a relaxed outlook regarding gun ownership. In 2017, it passed Senate Bill 12 into law to remove the requirement of obtaining a permit to conceal a loaded handgun.

What Federal Law Says About the Firearm Rights of Medical Marijuana Users

Federal laws prohibit gun ownership or possession by medical marijuana patients. The Federal Gun Control Act of 1968 prohibits the sale of firearms to users of controlled substances. Since marijuana is currently listed as a Schedule 1 substance under the Controlled Substances Act of 1971, the possession of guns by medical marijuana patients is illegal.

Before purchasing firearms, prospective buyers must fill out the Firearms Transaction Records form (ATF Form 4473). The form includes a section (question 21(f)) where buyers are required to indicate whether they use cannabis. Marijuana users who answer “yes” under this section would be prohibited from purchasing firearms. Anyone who is a cannabis consumer but answers “no” to this question risks up to 10 years of imprisonment and/or a $250,000 fine.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a letter to licensed gun dealers in 2011 to remind them that marijuana users are prohibited from using or possessing guns in the U.S. In 2016, acting on the instructions contained in the letter, a licensed gun dealer refused to sell firearms to a medical marijuana cardholder. The cardholder then challenged the law preventing her from possessing and owning a gun in the Wilson v. Lynch case. The plaintiff, Rowan Wilson, argued that this law violated her Second Amendment rights to keep and bear arms. However, the court dismissed the plaintiff’s claim and upheld the federal law prohibiting medical marijuana cardholders from possessing or owning guns.

In this section: