Recently we discovered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released combined with Ammoland all about medical marijuana as well as just how it impacts weapon ownership and also 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 with the appropriate details for the consumer. This write-up just grazed the surface on the interaction of state and federal law, since medical marijuana is legal, and the connection in between marijuana possession and licensing in Michigan. Much of what was said is thought-provoking, but not 100% exact, so we chose to dispel the inaccuracies and provide you a useful overview on your civil liberties as a Michigan resident.
At the time the write-up was composed (2016 ), they couldn’t give really definitive responses considering that much of the Michigan Medical Marijuana Act as well as complying with benefits of its cardholders, when it comes to firearm possession, was still a grey area in both federal and state regulation. The connection in between both subjects is extremely vital, because when applying to purchase a weapon, of any type of variety, you need to fill out the License to Purchase form with the state, in accordance with federal legislation. On this form and also the Concealed Permit License, you need to answer the question relating to possession and use of cannabis and any other controlled substances like it. We believe there is some assistance from federal statute 18 U.S.C. § 922( g)( 3) concerning licenses as well as possession, however it still does not clarify the concern extensively. The regulation mentions [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 include legal MMC owners, suggesting they are not prohibited from possessing a weapon or ammo. Because this wording allows for people that are following legally under state legislation, it can be said there must be no obstacle to possessing a weapon as well as holding a medical marijuana card at the same time. It can likewise be argued that just by possessing the card does not suggest you are in possession of or using cannabis as well as it’s subsequent products.
To be clear 922( g)( 3) is a governing law, however it has subsequent amendments that ought to not be neglected. Specifically 922( d)( 3 ), which deals directly with the sale of guns, not just the screening process, and also it includes the clarifying phrase “having reasonable cause”. This condition is something that (g)( 3) does not add, further clouding the subject. This distinction might not attract attention as a large hurdle, however it is crucial in the argument whether or whether not MMMA card holders are eligible to hold a CCP.
In the article, by Ammoland and MCGRO, they state “The ATF takes the position that anyone with an MMMA card is probably using and therefore not allowed to possess a firearm.” As stated before this is not an absolute fact, but in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter explaining just how statues 922( d) and also 922( g) associate, and also are defined pertaining to states with legalized cannabis. Their stance is, as a federally licensed firearm dealer, the dealership may not offer to any individual that is recognized to or actually does have a medical marijuana card, as this is reasonable cause, and so the purchaser is disqualified according to 922( d). This is not to claim they instructed that cardholders not be able to legally possess a gun, since 922( g) does not include such a condition, however it does ensure that the acquisition and also sale of a gun would be frowned upon, otherwise considered a violation.
As the best scenario and case legislation we can offer, currently, we after that considered the ruling of the 9th Circuit Court of Appeals. This situation occurred back in August 2016, however their verdict is sound, a satisfactory description of the voids 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 said “Title 18 U.S.C. § 922( d)( 3 ), 27 C.F.R. § 478.11, and 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, however is currently ruling case law.
Fundamentally, it is the fundamental difference that comes into play when acquiring weapons as well as ammunition, not in the possession of guns. The above ruling is narrow in its application, in a sense, it only applies to federal law (not state law) connecting to the sale, not possession, as well as just 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 planning on obtaining a permit, apply for ones that only have to follow state legislation and not federal, due to the fact that federal law needs compliance with all statues.
Michigan law specifically lays out the specific criteria you need to fulfill to be determined worthy of a License to Purchase a pistol or a CPL, the statues they follow are MCL 28.422 and MCL 28.425 b, specifically. The factor we advise to just apply on a state level versus a federal level is that neither 28.422 or 28.425 b consist of language comparable to the federal statutes, as well as neither have limiting demands for MMC holders. If you are not guilty of violating any controlled substance laws, which would then make you ineligible for holding a medical marijuana card also, you are qualified for weapon ownership.
An additional component of the (https://mcrgo.org/) post we wish to cover, that is not exact, is the fact that state licensing needs a NICS background check and hence that federal laws still need to be adhered to. This is inaccurate and false because 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.
Finally, the Michigan Medical Marihuana Act (MCL 333.26424) shields cardholders under section 4 from ever being “denied any right or privilege,” and because weapon ownership is a constitutional right, they can never overturn that right. To describe additionally, 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 means that the Michigan licensing authority is statutorily banned from refuting a cardholder a License to Purchase a pistol or obtaining a concealed permit license.
In Recap The Key Points:
The Federal legislations that regulate weapon sale and possession are 922(d) (sales) as well as (922(g)(possession).
Both Federal statutes include various standards, as well as the 9th Circuit cleared up the ‘gray’ area throughout the Wilson v. Lynch case in 2016.
The current understanding of the Federal legislation is taken in such a way as to restrict the sale of guns to MMMA cardholders if the vendor has knowledge of the card.
Federal regulation does not have the authority to forbid possession of guns for individuals that merely have an MMMA card, however are not making use of.
Since looking for LTP as well as CPL are state-based application they do not need to answer the cannabis and controlled substance question.
State law prevents Michigan authorities from denying any legal rights or privileges, such as possessing and also buying a firearm, to cardholders.
Bottom line: when a person calls our office to ask if as an Mmma cardholder if it is still legal for them to purchase and possess firearms the solution is Yes! Yes, you can, it is your right, and you have the ability to exercise that.