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 how it affects weapon possession and also your concealed carry license. This is a really challenging problem, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and with the proper info for the consumer. This write-up simply grazed the surface on the interaction of state and federal law, now that medical cannabis is lawful, as well as the relation between cannabis possession and licensing in Michigan. Much of what was said is thought-provoking, but not 100% precise, so we made a decision to resolve the inaccuracies and also provide you a valuable overview on your rights as a Michigan person.

At the time the post was written (2016 ), they couldn’t provide extremely definitive responses because much of the Michigan Medical Marijuana Act and following advantages of its cardholders, when it involves gun possession, was still a gray area in both federal and also state legislation. The correlation between the two topics is extremely important, since when applying to get a weapon, of any type of variety, you have to fill out the License to Purchase form with the state, according to federal legislation. On this form and also the Concealed Permit License, you have to answer the question referring to possession as well as use marijuana as well as any type of various 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, yet it still does not make clear the issue completely. The legislation 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 authorized MMC owners, suggesting they are not forbidden from having a gun or ammo. Because this phrasing allows for people that are following legally under state regulation, it can be suggested there need to be no obstacle to possessing a weapon as well as holding a medical marijuana card at the same time. It can additionally be said that simply by possessing the card does not imply 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, yet it has subsequent amendments that need to not be neglected. Particularly 922( d)( 3 ), which deals directly with the sale of weapons, not just the screening process, as well as it includes the clarifying phrase “having reasonable cause”. This stipulation is something that (g)( 3) does not include, further clouding the topic. This distinction may not attract attention as a big obstacle, however it is critical in the debate whether or whether not MMMA card holders are eligible to hold a CCP.

In the post, by Ammoland as well as 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 discussed before this is not an outright reality, but in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter clarifying exactly how statues 922( d) as well as 922( g) correlate, and are defined concerning states with legalized cannabis. Their stance is, as a federally licensed firearm dealer, the dealer may not offer to any person that is recognized to or actually does possess a medical marijuana card, as this is reasonable cause, and so the purchaser is ineligible according to 922( d). This is not to claim they advised that cardholders not have the ability to lawfully have a weapon, because 922( g) does not consist of such a clause, however it does guarantee that the acquisition and sale of a gun would certainly be frowned upon, otherwise considered a crime.

As the best scenario and case legislation we can offer, right now, we after that looked into the ruling of the 9th Circuit Court of Appeals. This situation took place back in August 2016, however their decision is sound, a satisfying 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 said “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, however is currently ruling case law.

Fundamentally, it is the essential distinction that comes into play when purchasing 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) 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 use and also possession of cannabis as well as various other controlled substances is still in use. So, if you are intending on obtaining a permit, apply for ones that just have to comply with state law and not federal, due to the fact that federal law needs compliance with all statues.

Michigan law specifically lays out the exact requirements you require 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 reason we suggest to just apply on a state level versus a federal level is that neither 28.422 or 28.425 b contain language comparable 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 then make you ineligible for holding a medical marijuana card as well, you are eligible for firearm ownership.

An additional component of the (https://mcrgo.org/) short article we wish to cover, that is not precise, is the fact that state licensing requires a NICS background check and hence that federal laws still need to be adhered to. 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. Once more your right to purchase is under scrutiny pertaining to the Wilson ruling, not your right to possess and own a firearm.

Lastly, the Michigan Medical Marihuana Act (MCL 333.26424) secures cardholders under section 4 from ever being “denied any right or privilege,” and because weapon possession is a constitutional right, they can never reverse that right. To describe even more, 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 implies that the Michigan licensing authority is statutorily forbidden 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 govern weapon sale and also possession are 922(d) (sales) and also (922(g)(possession).

Both Federal statutes consist of different standards, and the 9th Circuit clarified the ‘gray’ area throughout the Wilson v. Lynch case in 2016.

The current understanding of the Federal law is taken in such a way as to prohibit the sale of weapons to MMMA cardholders if the seller has knowledge of the card.

Federal legislation does not have the authority to restrict possession of guns for individuals who just have an MMMA card, but are not using.

Given that applying for LTP as well as CPL are state-based application they do not require to answer the marijuana and controlled substance question.

State law prevents Michigan authorities from refuting any kind of civil liberties or benefits, such as having and acquiring a gun, to cardholders.

Bottom line: when a person calls our office to ask if as an MMMA cardholder if it is still lawful for them to buy as well as possess weapons the answer is Yes! Yes, you can, it is your right, and you have the ability to exercise that.