Recently we found an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released in conjunction with Ammoland all about medical marijuana and also just how it affects gun possession and your concealed carry license. This is a very complex problem, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and also with the proper info for the customer. This write-up just grazed the surface on the interaction of state and federal law, since medical cannabis is legal, and the relation in between cannabis possession and licensing in Michigan. Much of what was claimed is thought-provoking, however not 100% precise, so we chose to eliminate the inaccuracies and also offer you a helpful guide on your civil liberties as a Michigan person.
At the time the write-up was composed (2016 ), they could not offer really definitive answers considering that much of the Michigan Medical Marijuana Act and also adhering to benefits of its cardholders, when it pertains to weapon possession, was still a gray area in both federal as well as state regulation. The relationship in between both topics is extremely crucial, since when applying to acquire a gun, of any variety, you need to fill out the License to Purchase form with the state, according to federal legislation. On this form as well as the Concealed Permit License, you have to answer the question referring to possession and also use of marijuana and any type of various other controlled substances like it. We believe there is some aid from federal statute 18 U.S.C. § 922( g)( 3) relating to licenses and also possession, however it still does not clear up the problem extensively. The regulation specifies [anyone] "who is an unlawful user of or addicted to any controlled substance" is not eligible for an LTP or CPL, which by reasoning this does not consist of lawful MMC holders, indicating they are not banned from possessing a gun or ammunition. Given that this wording permits people that are following lawfully under state law, it can be suggested there ought to be no obstacle to possessing a weapon as well as holding a medical marijuana card at the same time. It can also be said that simply by having the card does not suggest you are in possession of or using cannabis and also it's subsequent products.
To be clear 922( g)( 3) is a governing law, yet it has subsequent amendments that need to not be overlooked. Particularly 922( d)( 3 ), which deals directly with the sale of guns, not just the screening process, and it includes the clarifying phrase "having reasonable cause". This condition is something that (g)( 3) does not add, additionally clouding the topic. This distinction may not stick out as a big difficulty, yet it is vital in the argument whether or whether not MMMA card holders are eligible to hold a CCP.
In the article, by Ammoland as well as MCGRO, they mention "The ATF takes the position that anyone with an MMMA card is probably using and therefore not allowed to possess a firearm." As discussed before this is not an outright truth, yet in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter discussing exactly how statues 922( d) as well as 922( g) associate, and also are defined relating to states with legalized marijuana. Their stance is, as a federally licensed firearm dealer, the dealer may not offer to any person that is recognized to or in fact does possess a medical marijuana card, as this is reasonable cause, and so the buyer is ineligible according to 922( d). This is not to claim they instructed that cardholders not have the ability to lawfully have a weapon, due to the fact that 922( g) does not include such a condition, but it does ensure that the acquisition as well as sale of a weapon would certainly be frowned upon, otherwise considered a crime.
As the best scenario and case law we can present, currently, we then checked out the judgment of the 9th Circuit Court of Appeals. This case took place back in August 2016, but their judgment is sound, a sufficient description of the voids the statues leave. The situation was Wilson v. Lynch, during which the 9th Circuit ruled opposing the ATF's open letter from 2011. The Court claimed "Title 18 U.S.C. § 922( d)( 3 ), 27 C.F.R. § 478.11, and also the Open Letter bar only the sale of firearms to Wilson-- not her possession of firearms." As this is a ruling from a circuit court, this is no longer opinion, through process or conjecture, but is now ruling case law.
In essence, it is the basic difference that comes into play when acquiring weapons as well as ammo, not in the possession of firearms. The above ruling is narrow in its application, in a sense, it only applies to federal law (not state law) relating to the sale, not possession, as well as just to cardholders that are not users. This is why the federal form 4473, which covers the usage as well as possession of marijuana and also various other controlled substances is still in use. So, if you are intending on obtaining a permit, apply for ones that just need to abide by state legislation and not federal, since federal law needs compliance with all statues.
Michigan law specifically lays out the precise requirements you need to fulfill to be determined worthy of a License to Purchase a pistol or a CPL, the statues they comply with are MCL 28.422 and also MCL 28.425 b, specifically. The factor we suggest to only apply on a state level versus a federal level is that neither 28.422 or 28.425 b have language similar to the federal laws, and neither have restrictive needs for MMC holders. If you are not guilty of violating any controlled substance laws, which would certainly then make you ineligible for holding a medical marijuana card also, you are eligible for weapon ownership.
An additional part of the (https://mcrgo.org/) post we want to cover, that is not exact, is the fact that state licensing calls for a NICS background check and hence that federal laws still need to be followed. This is inaccurate and false due to the fact that state licensing for medical marijuana is not included in the NICS search of your background. Again your right to purchase is under scrutiny pertaining to the Wilson ruling, not your right to possess and own a firearm.
Ultimately, the Michigan Medical Marihuana Act (MCL 333.26424) protects cardholders under section 4 from ever being "denied any right or privilege," and since gun ownership is a constitutional right, they can never rescind that right. To clarify better, the Act is initiated law, which means it can not be repealed, preempted, or modified without a supermajority (75% of the house and senate). This suggests that the Michigan licensing authority is statutorily forbidden from rejecting a cardholder a License to Purchase a pistol or obtaining a concealed permit license.
In Summary The Key Points:
The Federal laws that govern weapon sale and also possession are 922(d) (sales) and (922(g)(possession).
Both Federal statutes contain various requirements, and the 9th Circuit made clear the 'gray' area throughout the Wilson v. Lynch case in 2016.
The existing understanding of the Federal legislation is construed in such a way as to prohibit the sale of weapons to MMMA cardholders if the vendor has knowledge of the card.
Federal law does not have the authority to forbid possession of firearms for people that simply have an MMMA card, but are not using.
Considering that making an application for LTP as well as cpl are state-based application they do not require to address the marijuana and controlled substance question.
State law prevents Michigan authorities from denying any legal rights or benefits, such as owning and acquiring a firearm, to cardholders.
Bottom line: when somebody calls our office to ask if as an MMMA cardholder if it is still legal for them to acquire and have firearms the answer is Yes! Yes, you can, it is your right, and you have the ability to exercise that.
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