Legal Guide to Possessing a Medical Marijuana Card and Additionally Acquiring A Concealed Permit or License to Purchase a Pistol
Recently we came across an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) published combined with Ammoland all about medical cannabis as well as exactly how it influences gun ownership as well as 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 correct information for the customer. This article just grazed the surface on the interaction of state and federal law, now that medical cannabis is legal, as well as the connection between cannabis possession and licensing in Michigan. Much of what was said is thought-provoking, but not 100% precise, so we chose to eliminate the mistakes as well as provide you a valuable overview on your civil liberties as a Michigan person.
At the time the short article was composed (2016 ), they could not offer extremely definitive solutions given that much of the Michigan Medical Marijuana Act and following advantages of its cardholders, when it concerns weapon possession, was still a grey area in both federal and also state law. The relationship in between both subjects is really crucial, since when applying to get a weapon, of any kind of variety, you need to complete the License to Purchase form with the state, based on federal legislation. On this form as well as the Concealed Permit License, you have to answer the question relating to possession and use marijuana as well as any kind 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, however it still does not clear up the concern completely. 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 consist of legal MMC holders, indicating they are not restricted from possessing a gun or ammunition. Given that this phrasing enables individuals that are following legally under state regulation, it can be argued there should be no obstacle to having 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 mean 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, but it has subsequent amendments that need to not be overlooked. Specifically 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, even more clouding the subject. This difference might not attract attention as a huge difficulty, but it is critical in the argument whether or whether not MMMA card holders are eligible to hold a CCP.
In the short article, by Ammoland as well as MCGRO, they mention “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 explaining how statues 922( d) and also 922( g) associate, and also are specified referring to states with legalized marijuana. Their stance is, as a federally licensed firearm dealer, the supplier may not offer to anyone that is recognized to or in fact does possess a medical marijuana card, as this is reasonable cause, therefore the purchaser is ineligible according to 922( d). This is not to claim they instructed that cardholders not have the ability to lawfully possess a firearm, since 922( g) does not include such a provision, however it does make sure that the acquisition and also sale of a gun would be frowned upon, if not considered an infraction.
As the best scenario and case legislation we can provide, at this time, we then checked out the ruling of the 9th Circuit Court of Appeals. This case happened back in August 2016, yet their decision is sound, a satisfying explanation of the spaces the statues leave. The case 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 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 more opinion, through process or conjecture, but is currently ruling case law.
Basically, it is the fundamental difference that comes into play when purchasing weapons as well as ammo, 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) associating with the sale, not possession, and just to cardholders that are not users. This is why the federal form 4473, which covers the use and also possession of marijuana and other controlled substances is still in use. So, if you are planning on obtaining a license, apply for ones that only need to adhere to state law and not federal, because federal law calls for compliance with all statues.
Michigan law specifically lays out the specific standards you require to satisfy to be determined worthy of a License to Purchase a pistol or a CPL, the statues they adhere to are MCL 28.422 and also MCL 28.425 b, specifically. The reason we advise to only apply on a state level versus a federal level is that neither 28.422 or 28.425 b include language equivalent to the federal laws, and also neither have limiting 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 gun ownership.
Another component of the (https://mcrgo.org/) short article 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 complied with. This is inaccurate and false since state licensing for medical marijuana is not included in the NICS search of your background. Once 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) safeguards cardholders under section 4 from ever being “denied any right or privilege,” and given that gun ownership 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 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 regulations that regulate weapon sale as well as possession are 922(d) (sales) as well as (922(g)(possession).
Both Federal statutes include various criteria, and also the 9th Circuit clarified the ‘gray’ area during the Wilson v. Lynch case in 2016.
The existing understanding of the Federal legislation is taken in such a way as to forbid 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 weapons for individuals that simply have an MMMA card, but are not utilizing.
Because applying for LTP as well as CPL are state-based application they do not require to address the marijuana and controlled substance question.
State law prevents Michigan authorities from denying any kind of legal rights or advantages, such as owning as well as buying a weapon, to cardholders.
Bottom line: when somebody calls our office to ask if as an Mmma cardholder if it is still legal for them to acquire and also possess firearms the solution is Yes! Yes, you can, it is your right, and you have the ability to exercise that.