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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.

Gun Statistics

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.

895,376

South Dakota Population

106,881

South Dakota
Total FBI firearm background checks in 2021

98,736

South Dakota
FBI Total estimated guns sold in 2021

117.5

South Dakota
FBI firearm background checks per 1,000 people in 2021

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.

55.3%

Of South Dakotans Admit to Owning Guns

64,666

South Dakota Registered Guns

10,296.8

11.5 Guns for Every 1,000 Residents

495,142.93

South Dakotans Own Guns

200 - 350 Million

Estimated Guns in the U.S.

895,376

South Dakota Population

00.2%

Of Guns in the U.S South Dakotans Admit to Owning Guns

64,666

South Dakota Registered Guns

495,142.93

South Dakotans Own Guns

Highlights

  • HIPAA

    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.

  • Current Gun Owners

    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.

  • Medical Card Holders Wanting to Purchase Firearms

    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.

  • Hunting

    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

Questions for South Dakota Law Enforcement

  • Marijuana and Loaded Gun - (No Medical Card)

    What would you do if you pulled someone over and they had marijuana and a loaded gun on them? (No Medical Card)

  • Registered or Unregistered Loaded Gun - (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?

  • Marijuana and Loaded Gun - (Medical Card)

    What would you do if you pulled someone over who had marijuana, a loaded gun, and a medical card?

  • Registered or Unregistered Loaded Gun - (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?

  • Hunting License, Marijuana, and Hunting Rifle - (No Medical Card)

    What about hunters? What would you do if you pulled over a hunter with a hunting license, marijuana, and hunting rifle? (No Medical Card)

  • Hunting License, Marijuana, and Hunting Rifle - (Medical Card)

    What would you do if you pulled over a hunter with a hunting license, marijuana, marijuana card, and hunting rifle?

  • Flower Vs Concentrates

    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.

Laws

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.

Sources and Resources

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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