Recently we discovered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) published together with Ammoland all about medical marijuana and exactly how it influences 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 also with the correct information 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 made a decision to dispel the errors and offer you a valuable overview on your civil liberties as a Michigan resident.
At the time the write-up was created (2016 ), they couldn't provide very clear-cut answers since much of the Michigan Medical Marijuana Act and adhering to privileges of its cardholders, when it comes to gun possession, was still a gray area in both federal and state law. The connection between both topics is really crucial, because when applying to buy a weapon, of any kind of variety, you have to complete the License to Purchase form with the state, according to federal legislation. On this form and the Concealed Permit License, you need to answer the question concerning possession and use of marijuana and any kind of other controlled substances like it. We believe there is some aid from federal statute 18 U.S.C. § 922( g)( 3) referring to licenses and also possession, however it still does not clear up the concern thoroughly. The legislation states [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, suggesting they are not forbidden from possessing a firearm or ammo. Since this phrasing allows for individuals that are following lawfully under state legislation, it can be argued there ought to be no barrier to owning a weapon as well as holding a medical marijuana card at the same time. It can additionally be argued that simply by possessing the card does not suggest you are in possession of or using marijuana and also it's subsequent products.
To be clear 922( g)( 3) is a governing law, but it has subsequent amendments that must not be forgotten. In particular 922( d)( 3 ), which deals directly with the sale of firearms, not just the screening process, and it includes the clarifying phrase "having reasonable cause". This clause is something that (g)( 3) does not include, better clouding the subject. This distinction might not attract attention as a large hurdle, yet it is critical in the debate whether or whether not MMMA card holders are eligible to hold a CCP.
In the short article, by Ammoland and also 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 discussed prior to this is not an outright reality, but in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter discussing exactly how statues 922( d) and also 922( g) correlate, and also are specified concerning states with legalized marijuana. Their stance is, as a federally licensed firearm dealer, the dealer might not offer to any person that is recognized to or in fact does possess a medical marijuana card, as this is reasonable cause, therefore the customer is ineligible according to 922( d). This is not to claim they advised that cardholders not have the ability to lawfully possess a firearm, since 922( g) does not contain such a clause, however it does guarantee that the acquisition and also sale of a weapon would be frowned upon, if not considered a crime.
As the best scenario and case law we can present, at this time, we after that considered the ruling of the 9th Circuit Court of Appeals. This case happened back in August 2016, but their verdict 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, as well as 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 more opinion, through process or conjecture, but is now ruling case law.
Essentially, it is the fundamental difference that comes into play when acquiring weapons as well as ammunition, 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) associating with the sale, not possession, and also simply to cardholders that are not users. This is why the federal form 4473, which covers the use and also possession of marijuana and also other controlled substances is still in use. So, if you are planning on getting a license, apply for ones that just need to abide by state law and not federal, since federal law calls for compliance with all statues.
Michigan law specifically lays out the precise requirements you require to satisfy to be determined worthy of a License to Purchase a pistol or a CPL, the statues they follow are MCL 28.422 and also MCL 28.425 b, respectively. The factor we recommend to just apply on a state level versus a federal level is that neither 28.422 or 28.425 b have language comparable to the federal laws, and neither have restrictive 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 also, you are eligible for weapon ownership.
One more part of the (https://mcrgo.org/) post we wish to cover, that is not precise, is the fact that state licensing needs a NICS background check and hence that federal laws still need to be complied with. 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) secures cardholders under section 4 from ever being "denied any right or privilege," and since weapon possession is a constitutional right, they can never overturn 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 means that the Michigan licensing authority is statutorily restricted from rejecting a cardholder a License to Purchase a pistol or obtaining a concealed permit license.
In Summary The Key Points:
The Federal regulations that control weapon sale as well as possession are 922(d) (sales) and (922(g)(possession).
Both Federal statutes contain various criteria, as well as the 9th Circuit clarified the 'gray' area during the Wilson v. Lynch case in 2016.
The current understanding of the Federal legislation is construed in such a way as to ban the sale of guns to MMMA cardholders if the vendor has knowledge of the card.
Federal law does not have the authority to prohibit possession of guns for people that simply have an MMMA card, yet are not utilizing.
Because applying for LTP and CPL are state-based application they do not need to respond to the cannabis and controlled substance question.
State legislation prevents Michigan authorities from denying any civil liberties or benefits, such as having and also purchasing a gun, 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 buy as well as have guns the answer is Yes! Yes, you can, it is your right, and you have the ability to exercise that.
