Legal Guide to Having a Medical Marijuana Card and Likewise Acquiring A Concealed Permit or License to Purchase a Pistol

Recently we discovered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released together with Ammoland all about medical cannabis and also just how it impacts gun possession and your concealed carry license. This is an extremely difficult concern, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and with the proper information for the customer. This article simply grazed the surface on the interaction of state and federal law, now that medical marijuana is legal, as well as the relation in between marijuana possession and licensing in Michigan. Much of what was said is thought-provoking, but not 100% accurate, so we made a decision to dispel the mistakes as well as give you a valuable overview on your civil liberties as a Michigan resident.

At the time the write-up was written (2016 ), they could not supply really clear-cut responses since much of the Michigan Medical Marijuana Act and also complying with opportunities of its cardholders, when it concerns weapon possession, was still a grey area in both federal and state regulation. The connection between both topics is extremely crucial, since when applying to purchase a gun, of any type of variety, you need to complete the License to Purchase form with the state, in accordance with federal regulation. On this form and the Concealed Permit License, you need to answer the question concerning possession as well as use of cannabis and also any other controlled substances like it. We believe there is some help from federal statute 18 U.S.C. § 922( g)( 3) pertaining to licenses and possession, however it still does not clear up the issue thoroughly. 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, meaning they are not banned from having a gun or ammo. Since this wording permits people that are following lawfully under state regulation, it can be said there need to be no barrier to having a weapon and holding a medical marijuana card simultaneously. It can also be said that just by possessing the card does not imply you are in possession of or using marijuana 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 neglected. Particularly 922( d)( 3 ), which deals directly with the sale of firearms, not just the screening process, and it consists of the clarifying phrase "having reasonable cause". This condition is something that (g)( 3) does not add, further clouding the subject. This difference may not attract attention as a huge difficulty, yet it is essential in the debate whether or whether not MMMA card holders are eligible to hold a CCP.

In the write-up, by Ammoland and also MCGRO, they specify "The ATF takes the position that anyone with an MMMA card is probably using and therefore not allowed to possess a firearm." As pointed out prior to this is not an outright fact, yet in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter describing how statues 922( d) and also 922( g) associate, and are specified referring to states with legalized marijuana. Their position is, as a federally licensed firearm dealer, the supplier might not market to any individual that is known to or actually does have a medical marijuana card, as this is reasonable cause, therefore the purchaser is disqualified according to 922( d). This is not to say they advised that cardholders not be able to legally have a weapon, because 922( g) does not contain such a stipulation, however it does make certain that the acquisition and also sale of a gun would be frowned upon, if not considered a crime.

As the best scenario and case regulation we can provide, right now, we then considered the judgment of the 9th Circuit Court of Appeals. This situation occurred back in August 2016, however their decision is sound, a satisfying explanation of the spaces the statues leave. The instance was Wilson v. Lynch, during which the 9th Circuit ruled opposing the ATF's open letter from 2011. The Court stated "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, yet is now ruling case law.

Essentially, it is the fundamental distinction that comes into play when buying weapons and also ammo, not in the possession of guns. The above judgment is narrow in its application, in a sense, it only applies to federal law (not state law) connecting to the sale, not possession, and also simply to cardholders who are not users. This is why the federal form 4473, which covers the usage and possession of cannabis as well as other controlled substances is still in use. So, if you are intending on obtaining a permit, apply for ones that just need to comply with state legislation and not federal, due to the fact that federal law needs compliance with all statues.

Michigan law specifically lays out the specific standards you require to meet 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 reason we recommend to only apply on a state level versus a federal level is that neither 28.422 or 28.425 b consist of language equivalent to the federal statutes, and also neither have limiting demands for MMC holders. If you are not guilty of violating any controlled substance laws, which would then make you disqualified for holding a medical marijuana card too, you are qualified for weapon ownership.

One more part of the (https://mcrgo.org/) article we want to cover, that is not accurate, 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 considering that weapon ownership is a constitutional right, they can never reverse that right. To describe 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 indicates that the Michigan licensing authority is statutorily restricted from refuting a cardholder a License to Purchase a pistol or obtaining a concealed permit license.

In Recap The Key Points:

The Federal laws that govern weapon sale and possession are 922(d) (sales) and (922(g)(possession).

Both Federal statutes contain various requirements, as well as the 9th Circuit clarified the 'grey' area during the Wilson v. Lynch case in 2016.

The current understanding of the Federal legislation is construed in such a way as to restrict the sale of firearms to MMMA cardholders if the vendor has knowledge of the card.

Federal regulation does not have the authority to ban possession of firearms for individuals that merely have an MMMA card, however are not utilizing.

Considering that making an application for LTP and also CPL are state-based application they do not need to respond to the cannabis and controlled substance question.

State legislation prevents Michigan authorities from rejecting any type of rights or privileges, such as owning and buying a gun, to cardholders.

Bottom line: when someone calls our office to ask if as an Mmma cardholder if it is still lawful for them to purchase and also have weapons the response is Yes! Yes, you can, it is your right, and you have the ability to exercise that.