Recently we discovered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released combined with Ammoland all about medical marijuana and exactly how it impacts gun ownership and also your concealed carry license. This is a very difficult concern, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and also with the correct details for the customer. This write-up simply grazed the surface on the interaction of state and federal law, since medical cannabis is legal, as well as the relation between marijuana possession and licensing in Michigan. Much of what was stated is thought-provoking, but not 100% exact, so we decided to eliminate the mistakes and also provide you a beneficial overview on your civil liberties as a Michigan resident.
At the time the post was composed (2016 ), they couldn’t offer very conclusive solutions since much of the Michigan Medical Marijuana Act and complying with advantages of its cardholders, when it concerns gun possession, was still a grey area in both federal and also state law. The connection between the two subjects is very vital, due to the fact that when applying to purchase a weapon, of any kind of variety, you have to fill out the License to Purchase form with the state, based on federal law. On this form and also the Concealed Permit License, you need to answer the question concerning possession and use of marijuana and also any type of various other controlled substances like it. We believe there is some aid from federal statute 18 U.S.C. § 922( g)( 3) pertaining to licenses and also possession, but it still does not clear up the problem thoroughly. The legislation specifies [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 lawful MMC holders, implying they are not restricted from having a firearm or ammunition. Given that this wording enables people that are abiding legally under state law, it can be said there ought to be no obstacle to owning a weapon and also holding a medical marijuana card at the same time. It can likewise 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, however it has subsequent amendments that ought to not be neglected. Specifically 922( d)( 3 ), which deals directly with the sale of firearms, not just the screening process, and also it consists of the clarifying phrase “having reasonable cause”. This provision is something that (g)( 3) does not include, further clouding the topic. This distinction might not stand apart as a large difficulty, however it is crucial in the debate whether or whether not MMMA card holders are eligible to hold a CCP.
In the write-up, by Ammoland and also 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 prior to this is not an outright truth, however in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter clarifying just how statues 922( d) and 922( g) associate, and are specified pertaining to states with legalized marijuana. Their position is, as a federally licensed firearm dealer, the dealer might not market to anyone that is known to or as a matter of 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 state they instructed that cardholders not have the ability to legally have a firearm, due to the fact that 922( g) does not contain such a stipulation, yet it does guarantee that the purchase as well as sale of a weapon would be frowned upon, otherwise considered a violation.
As the best scenario and case legislation we can offer, currently, we after that explored the ruling of the 9th Circuit Court of Appeals. This instance happened back in August 2016, but their judgment is sound, a satisfying explanation 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 longer opinion, through process or conjecture, however is now ruling case law.
Essentially, it is the essential difference that comes into play when buying 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) connecting to the sale, not possession, as well as just to cardholders that are not users. This is why the federal form 4473, which covers the usage and possession of cannabis and other controlled substances is still in use. So, if you are planning on getting a permit, apply for ones that just need to comply with state regulation and not federal, because federal law requires compliance with all statues.
Michigan law specifically lays out the precise standards you require to meet to be determined worthy of a License to Purchase a pistol or a CPL, the statues they adhere to are MCL 28.422 and MCL 28.425 b, respectively. The factor we suggest to just apply on a state level versus a federal level is that neither 28.422 or 28.425 b include language equivalent to the federal statutes, and neither have limiting requirements for MMC holders. If you are not guilty of violating any controlled substance laws, which would certainly after that make you disqualified for holding a medical marijuana card too, you are eligible for gun ownership.
Another component of the (https://mcrgo.org/) post we want to cover, that is not exact, is the fact that state licensing calls for a NICS background check and hence that federal laws still need to be adhered to. 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) secures cardholders under section 4 from ever being “denied any right or privilege,” and because weapon ownership is a constitutional right, they can never reverse that right. To clarify 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 implies 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 Recap The Key Points:
- The Federal regulations that control weapon sale and possession are 922(d) (sales) and also (922(g)(possession).
- Both Federal laws have different standards, and the 9th Circuit clarified the ‘grey’ area throughout the Wilson v. Lynch case in 2016.
- The present understanding of the Federal regulation is interpreted in such a way as to prohibit the sale of firearms to MMMA cardholders if the seller has knowledge of the card.
- Federal law does not have the authority to restrict possession of firearms for individuals who merely have an MMMA card, but are not using.
- Because getting LTP and also CPL are state-based application they do not require to respond to the cannabis and controlled substance question.
- State legislation prevents Michigan authorities from refuting any civil liberties or advantages, such as possessing and purchasing a gun, to cardholders.
hen a person calls our office to ask if as an MMMA cardholder if it is still lawful for them to acquire as well as possess firearms the solution is Yes! Yes, you can, it is your right, and you have the ability to exercise that.