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Arkansas gun law questioned by ATF

Arkansas allows medical marijuana patients to get a license for concealed carry. However, the ATF argues the law creates a "public safety concern."

LITTLE ROCK, Ark. — It's been two months since new gun laws took effect across the state, and one of them is being questioned by a federal agency.

The law in question is about medical marijuana patients and concealed carry licenses.

Gun stores, like Arkansas Armory, said they can't allow that to happen, but it's not because they don't want to.

Arkansas Armory General Manager Nathan House said that because they're a licensed federal firearms dealer, they're impacted by federal and state law, but one trumps the other.

"As a gun dealer, we must abide by federal law," House said.

The ATF sent a letter to the Arkansas Department of Public Safety this week and said the new Arkansas law creates a "public safety concern." 

Act 757 says a person's status as a medical marijuana patient should not be considered when deciding if they can get a concealed carry license.

"Medical marijuana is legal in the state of Arkansas under Arkansas law," House said. "But a schedule one controlled substance remains illegal at the federal level."

House said about a quarter of a million people have concealed carry licenses in Arkansas. They've used that card to prove they've passed a background check, but the ATF said it's not enough.

"The law needs to be repealed until that marijuana is removed as a schedule one drug at the federal level," House said.

"We can't train people with a medical marijuana license because we would have to furnish them with gun or ammunition," House said. "At least let them engage in federally prohibited activity on our premises."

With the ATF concerned, House said this could start a domino effect impacting anyone who wants a gun.

"We're going to get ourselves in a position where the Arkansas concealed handgun license will no longer be used," House said. "Usable as an exemption, the background check if the ATF continues down this path."

The ATF has requested a response to their letter in the next 30 days with answers on how the state can ensure concealed carry holders are not medical marijuana patients.

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