Recently we encountered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released along with Ammoland all about medical marijuana as well as just how it affects gun possession and your concealed carry license. This is a really complicated concern, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and with the right details for the customer. This write-up simply grazed the surface on the interaction of state and federal law, now that medical marijuana is legal, and the relation in between marijuana possession and licensing in Michigan. Much of what was claimed is thought-provoking, but not 100% exact, so we decided to eliminate the inaccuracies as well as give you a helpful overview on your legal rights as a Michigan person.
At the time the write-up was written (2016 ), they couldn't supply very clear-cut responses because much of the Michigan Medical Marijuana Act as well as adhering to privileges of its cardholders, when it pertains to weapon possession, was still a gray area in both federal and state law. The correlation between the two subjects is extremely essential, since when applying to purchase a weapon, of any kind of variety, you have 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 as well as use cannabis and 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 clarify the issue completely. The regulation mentions [anyone] "who is an unlawful user of or addicted to any controlled substance" is not qualified for an LTP or CPL, which by reasoning this does not consist of legal MMC holders, implying they are not banned from possessing a firearm or ammunition. Because this phrasing allows for individuals that are following legally under state law, it can be suggested there need to be no barrier to possessing a weapon and holding a medical marijuana card at the same time. It can additionally be said that simply by having the card does not indicate 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 ought to not be forgotten. Specifically 922( d)( 3 ), which deals directly with the sale of weapons, not simply the screening process, as well as it includes the clarifying phrase "having reasonable cause". This condition is something that (g)( 3) does not include, better clouding the topic. This difference may not stand apart as a big obstacle, yet it is essential in the debate whether or whether not MMMA card holders are eligible to hold a CCP.
In the article, by Ammoland and 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 before this is not an outright fact, yet in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter clarifying how statues 922( d) and 922( g) correlate, as well as are defined concerning states with legalized marijuana. Their stance is, as a federally licensed firearm dealer, the supplier may not market to anyone that is understood to or actually does possess a medical marijuana card, as this is reasonable cause, therefore the purchaser is disqualified according to 922( d). This is not to say they instructed that cardholders not have the ability to lawfully possess a weapon, because 922( g) does not include such a stipulation, but it does make sure that the acquisition as well as sale of a gun would certainly be frowned upon, otherwise considered a crime.
As the best scenario and case regulation we can provide, right now, we after that looked into the ruling of the 9th Circuit Court of Appeals. This situation occurred back in August 2016, but 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 claimed "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 more opinion, through process or conjecture, however is now ruling case law.
Essentially, it is the basic difference that comes into play when purchasing weapons and also ammo, not in the possession of weapons. The above judgment 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 who are not users. This is why the federal form 4473, which covers the usage as well as possession of cannabis and various other controlled substances is still in use. So, if you are planning on obtaining a license, apply for ones that only need to follow state law and not federal, because federal law requires compliance with all statues.
Michigan law specifically lays out the exact standards you need to satisfy to be determined worthy of a License to Purchase a pistol or a CPL, the statues they comply with are MCL 28.422 as well as MCL 28.425 b, respectively. The reason we advise to just apply on a state level versus a federal level is that neither 28.422 or 28.425 b have language similar to the federal statutes, and also neither have restrictive requirements for MMC holders. If you are not guilty of violating any controlled substance laws, which would certainly after that make you ineligible for holding a medical marijuana card as well, you are eligible for weapon ownership.
Another component of the (https://mcrgo.org/) short article we wish to cover, that is not accurate, is the fact that state licensing needs a NICS background check and hence that federal laws still need to be followed. This is inaccurate and false since 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) protects cardholders under section 4 from ever being "denied any right or privilege," and since weapon possession is a constitutional right, they can never rescind 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 suggests that the Michigan licensing authority is statutorily restricted from denying a cardholder a License to Purchase a pistol or obtaining a concealed permit license.
In Summary The Key Points:
The Federal legislations that control weapon sale as well as possession are 922(d) (sales) and also (922(g)(possession).
Both Federal statutes have different criteria, and the 9th Circuit made clear the 'gray' area during the Wilson v. Lynch case in 2016.
The existing understanding of the Federal law is taken in such a way as to prohibit the sale of guns to MMMA cardholders if the vendor has knowledge of the card.
Federal law does not have the authority to ban possession of guns for individuals who merely have an MMMA card, but are not using.
Given that getting LTP and CPL are state-based application they do not require to answer the cannabis and controlled substance question.
State regulation prevents Michigan authorities from denying any legal rights or advantages, such as possessing and also buying 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 acquire as well as possess guns the response is Yes! Yes, you can, it is your right, and you have the ability to exercise that.
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