It seems like it should be a simple question with a simple answer. But it’s not. In Nevada, the state respects your right to get medical treatment. It also respects your right to own a gun. But when you mix the two, things get messy.

The main problem is that Nevada’s laws and the United States federal laws are in a big fight. They do not agree with each other at all. This leaves many people stuck in the middle and feeling very confused about what they are allowed to do.

For anyone who is asking the important question, “Can Medical Marijuana Patients Own Guns in Nevada?”, the very first step is to understand the fight between the rules. This guide will help you. We will look at Nevada’s specific laws, the powerful federal laws, and the risks you need to know about.

Nevada’s Laws: A Complicated Relationship with Guns and Cannabis

Nevada’s own laws create a strange and confusing puzzle for medical marijuana patients. Some states have laws that protect patients who own guns. Nevada is not one of them.

Instead, Nevada has specific rules that can directly affect your right to own a gun if you use cannabis. This is especially true if you want to carry a hidden gun, known as a concealed weapon.

The Key State Law: NRS 202.360

There is a very important state law in Nevada you need to know about. It is called Nevada Revised Statute 202.360, or NRS 202.360 for short. This is the main rule that talks about who can and cannot have a gun in the state.

This law says that people who are “an unlawful user of, or addicted to, any controlled substance” cannot have guns. This might sound just like the federal rule. But how Nevada uses this rule is what really matters for people living here.

The Impact on Concealed Carry Weapon (CCW) Permits

This is where Nevada’s law is the most clear. The state says that it will not give a Concealed Carry Weapon (CCW) permit to people who use controlled substances. Because marijuana is still on that list, this rule applies to medical cannabis patients.

When you apply for a CCW permit, the local police department handles it. They look at the law and say that having a medical marijuana card means you are a regular user. Because of this, they will deny your application for a permit to carry a hidden gun.

What About Open Carry and Simple Possession?

Okay, so carrying a hidden gun is a no-go. But what about just owning a gun and keeping it at home? Or what about carrying it openly where that is allowed? The law is not as direct about this.

But you are still at risk. The same law, NRS 202.360, could be used against you. If you ever have to talk to the police, they could say that your medical card proves you are a user of a controlled substance. This means even just owning a gun puts you in a legal gray area in Nevada.

Why the U.S. Government Says a Firm No

It doesn’t matter what the details of Nevada’s laws are. Federal law is like the final boss, and it makes the rules for everyone in every state. The U.S. government is very strict and clear about marijuana.

To them, marijuana is not legal for any reason. Not for fun, and not for medicine. This view has a huge and serious effect on your gun rights.

The Gun Control Act and “Unlawful User” Status

The big federal rule that causes all this trouble is the Gun Control Act of 1968. This law makes it a serious crime, called a felony, for an “unlawful user of… any controlled substance” to buy or even have a gun.

The federal government puts marijuana in the same group as very dangerous drugs like heroin. Because of this, they believe that anyone who uses marijuana is an “unlawful user.” They do not make any exceptions for patients who are following their state’s medical laws.

ATF Form 4473: The Point of No Return

When you go to a gun store to buy a firearm, you have to fill out a special paper. This is the ATF Form 4473, and it is a federal background check. There is one question on this form that creates an impossible choice for patients.

The question asks if you are an unlawful user of marijuana. If you are a patient, you are stuck. If you answer “yes,” you will be told you cannot buy the gun. If you answer “no,” you are lying on a federal document. This is a felony crime called perjury, and it can lead to years in prison and very large fines.

Can Medical Marijuana Patients Own Guns in Nevada?

We have looked at the state rules and the federal rules. Now let’s see what this all means in the real world. To answer the question, “Can Medical Marijuana Patients Own Guns in Nevada?”, we have to look at how both sets of laws push down on you at the same time.

The Clear “No” for Concealed Carry

If you want to carry a hidden gun in Nevada, the answer is very clear. It is a definite no. The state law and the way the police enforce it make it nearly impossible for a registered medical marijuana patient to get a CCW permit.

You will almost certainly be denied. This part is not a gray area; it is a clear rule in Nevada.

The High Risk of General Possession

What about just owning a gun you bought a long time ago? This is more complicated, but it is still very risky. You are not filling out a new federal form, but just having the gun is still a crime under federal law.

On top of that, Nevada’s own state law, NRS 202.360, can be used against you. The legal protection for patients in Nevada is much weaker than it is in other states. You are at risk from both the state and the federal government.

Note: Dealing with these laws can be a real headache, but getting the medical care you need should be easy. The most important step is to get your legal access to cannabis. The process is now very simple, and you can even get approved for your medical card online in minutes.

Steps for Responsible Patients and Gun Owners in Nevada

Because the laws in Nevada are so strict, patients need to be extra careful. If you are a patient and a gun owner, you have to be very smart about it.

Seek Specialized Legal Counsel

This article is here to give you information, not to give you legal advice. The smartest thing you can do is talk to a good lawyer. You need to find a lawyer who is an expert in both Nevada’s gun laws and its cannabis rules. They can give you advice for your life and your situation.

Stay Updated on Changing Laws

The laws around cannabis are always changing. A rule that exists today might be different next year. It is a good idea to stay informed about what is happening with both state and federal laws.

Being a responsible patient also means knowing about your treatment. You should talk to your doctor about what works for you, including the different cannabis strains and how they affect you.

Informational Bullet Point: HealifyNowMMJCards is dedicated to providing swift and easy access to care. You can get your medical card approved quickly and enjoy a hassle-free application process designed to provide the relief you need. Begin your application now!

Frequently Asked Questions (FAQ)

If I already have a CCW permit, will it be revoked if I get a medical marijuana card?

The state might not check the lists right away and cancel your permit. But when it is time to renew your CCW, you will have a problem. If they find out you are a patient, your renewal will be denied. Lying on the renewal form is also a crime.

Does this apply to recreational users too?

Yes, it does. The laws talk about being a user of a “controlled substance.” It doesn’t matter if your use is medical or for fun. In the eyes of both the state and federal law, any marijuana user is an unlawful user when it comes to guns.

Can my spouse own guns if they don’t use marijuana but I do?

Yes. Your status as a patient does not take away the gun rights of your spouse or family. But the guns must truly belong to them. They should also be stored safely where you cannot easily get to them, so no one can accuse you of possessing them.

Conclusion: A Clear Legal Risk in the Silver State

So, what’s the final answer? The answer to “Can Medical Marijuana Patients Own Guns in Nevada?” is that it is a very risky thing to do. Nevada’s own state laws are not on your side if you want to carry a concealed weapon.

And on top of that, federal law says that just owning a gun is a felony. The legal protection for patients in Nevada is very weak compared to other places. The risk of getting into serious trouble is high.

You have to think carefully about your right to own a gun and the possibility of facing charges. For patients who need to manage their medical card, using a safe patient login can make it easy to stay certified. In this tough legal situation, being cautious and getting advice from a lawyer are the most important things you can do.

Dr. Bryan Green

Dr. Bryan Green is a board-certified neurologist and author specializing in neurological disorders. With a medical degree and extensive clinical experience, he writes about the intersection of neuroscience and therapeutic interventions, including the use of medical cannabis for conditions like epilepsy, multiple sclerosis, and Parkinson’s disease. His work aims to educate patients and professionals on evidence-based treatments for seizures, spasticity, and neuropathic pain. Dr. Green’s publications blend medical expertise with accessible insights, drawing from his practice in states where cannabis is a legal treatment option.