Home » Podcast Episodes » Marijuana and Guns – Federal Judge Rules Ban on Marijuana Users Owning Guns Is Unconstitutional
The number one reason for Marijuana users in South Dakota not getting certified for their Medical Cards? Guns. Almost every illegal Marijuana user I encounter is terrified of having their guns taken away, losing their second amendment rights, and the ability to hunt. Hopefully after watching this video, some of those concerns will be put to bed and if not, let us know what second amendment fears are keeping you from getting certified for your Medical Card.
A Federal Judge in Oklahoma upheld the second amendment rights of Marijuana users by ruling that the Law Preventing Marijuana Users From Owning Guns is Unconstitutional. This ruling is a pivotal moment for legal and illegal Cannabis users across the country because it establishes a precedent for protecting the second amendment rights of Marijuana users going forward.
Unfortunately, data pertaining to gun ownership and the number of firearms in South Dakota varies wildly between sources. This is most likely due to how lax South Dakota’s gun laws are. By not requiring registration, licensing, or permitting South Dakota has absolutely no way of determining the number of gun owners or the actual number of firearms in the state.
Unfortunately, data pertaining to gun ownership and the number of firearms in South Dakota varies wildly between sources. This is most likely due to how lax South Dakota’s gun laws are. By not requiring registration, licensing, or permitting South Dakota has absolutely no way of determining the number of gun owners or the actual number of firearms in the state. The data below is taken directly from the FBI’s NICS Firearms Check Database.
Your Medical Marijuana patient status IS PROTECTED under HIPAA. Despite the fact that HIPAA is a federal law and Medical Marijuana is still illegal under federal law, HIPAA still applies to Medical Marijuana patients.
No one is coming to take away your guns. Not only is there no agency or program in place to disarm South Dakota residents, but there is also no way the state would know that you are both a Medical Marijuana patient and gun owner.
In fact, while researching this topic, I could not find a single source or example where a Medical Marijuana patients firearms were confiscated.
a) Your Medical Marijuana patient status will not show up on a federal background check.
b) It doesn't matter if you are currently an illegal Marijuana user or a Medical Marijuana Patient when purchasing a firearm. You will need to lie on the gun application regardless of whether you are a legal or illegal Marijuana user.
Getting your Medical Card does NOT exclude you from being able to obtain a hunting license. The only way the Game Fish and Parks would know you are a Medical Marijuana patient or Marijuana User is if you disclose that information on your application. Not only does the Game Fish and Parks not run background checks to confirm that you have not made any false statements, but being a Medical Marijuana patient would never show up on a background check to begin with.
South Dakota Hunting License Application....
South Dakota Hunting License Application
What would you do if you pulled someone over and they had marijuana and a loaded gun on them? (No Medical Card)
If you did pulled someone over who had marijuana and a loaded gun on them (No Medical Card), would that firearm being registered or not registered affect your decision?
What would you do if you pulled someone over who had marijuana, a loaded gun, and a medical card?
If you pulled someone over who had marijuana, a loaded gun, and a medical card, would that firearm being registered or not registered affect your decision?
What about hunters? What would you do if you pulled over a hunter with a hunting license, marijuana, and hunting rifle? (No Medical Card)
What would you do if you pulled over a hunter with a hunting license, marijuana, marijuana card, and hunting rifle?
Would you take into account the type of Marijuana someone has in their possession when making your decision to arrest, ticket, warn, or let someone go? For example possessing under two ounces of flower is a misdemeanor offense, whereas possessing any amount of a Marijuana Concentrate is a felony offense in South Dakota.
22-14. Unlawful Use of Weapons
22-14-7. Reckless discharge of firearm or shooting of bow and arrow–Leaving trip device–Possession of loaded firearm while intoxicated–Misdemeanor.
22-42. Controlled Substances and Marijuana
23-7. Firearms Control
23-7-7. Permit to carry concealed pistol–Background investigation–Carrying pistol without permit not prohibited.
23-7-8. Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
23-7-8.9. Retention of data by law enforcement officer limited.
HIPAA Rights – Source
South Dakota is a Permitless Carry State – Source
Understanding South Dakota Concealed Carry Pistol Permits – Source
South Dakota Hunting License Application – Source
South Dakota Medical Marijuana Patients Can Still Get Hunting License – Source
U.S. District Court Judge in Oklahoma Rules Ban on Marijuana Users Owning Guns is Unconstitutional – Source
Federal Court in Texas Rules that Banning Marijuana Users From Possessing Guns is Unconstitutional – Source
ATF Form 4473 – Source
Minnehaha County Concealed Pistol Permit Application – Source
South Dakota Firearm Handbook – Source
South Dakota Background Check Procedures – Source
Universal Background Checks – Source
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