Rights vs. rights
An interesting case in Arkansas
Every now and then, an intriguing news item pops up within the gun safety news ecosystem that begs for further exploration, because it impacts gun owners and non-gun owners in a unique way. A story by journalist Griffin Coop in the Arkansas Times this week is one such case.
A recent change in Arkansas state law means that holding a medical marijuana patient card is no longer a disqualifier for obtaining a gun permit in Arkansas. The change has raised concerns about public safety among federal firearms officials, and puts medical marijuana users who own guns in the middle of conflicting state and federal laws.
While permitless carry is the law of the land in Arkansas, concealed handgun carry licenses are available to those who want them so they can carry a gun in one of the states that do require permits. Act 757 of 2023 changed state law to prevent the Arkansas State Police from disqualifying medical marijuana cardholders from obtaining such a license, and to prevent the state Department of Health from telling State Police who the cardholders are.
The problem? The feds still consider marijuana to be a Schedule I controlled substance. Last October, the Bureau of Alcohol, Tobacco, and Firearms (ATF) weighed in on the Arkansas law in a letter, stating that anyone who uses marijuana, for medical reasons or otherwise, is “prohibited by federal law from possessing firearms and ammunition.”
The permit issue is especially difficult to navigate in Arkansas because the right to be a medical marijuana patient and to bear arms are both protected by the state Constitution. Such rights are considered to be on par with one another unless there is a specific exception in the law, according to Mary Claire McLaurin, a former regulatory counsel and legislative liaison for the Arkansas State Police.
As you can tell, it’s complicated. And it doesn’t only affect Arkansas. Florida, Minnesota, Mississippi, and Oklahoma are in the same boat.
We want to hear from you. What do you think of Arkansas’ new law? Does it create a public safety concern? Is there a way to balance state and federal statutes affecting gun ownership? Let us know.
