Recently we came across an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) published along with Ammoland all about medical cannabis and also exactly how it affects gun ownership as well as your concealed carry license. This is a really difficult problem, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum as well as with the appropriate information for the consumer. This short article just grazed the surface on the interaction of state and federal law, since medical marijuana is legal, as well as the relation between cannabis possession and licensing in Michigan. Much of what was claimed is thought-provoking, yet not 100% precise, so we made a decision to eliminate the mistakes and offer you a valuable guide on your rights as a Michigan citizen.
At the time the post was composed (2016 ), they could not supply extremely conclusive solutions because much of the Michigan Medical Marijuana Act and also adhering to opportunities of its cardholders, when it comes to weapon possession, was still a grey area in both federal and state legislation. The connection between both topics is extremely important, since when applying to acquire a weapon, of any variety, you need to complete the License to Purchase form with the state, in accordance with federal law. On this form and also the Concealed Permit License, you have to answer the question referring to possession and also use of cannabis and any kind of other controlled substances like it. We believe there is some assistance from federal statute 18 U.S.C. § 922( g)( 3) referring to licenses and possession, however it still does not clarify the issue extensively. 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 include legal MMC holders, suggesting they are not banned from having a weapon or ammo. Since this phrasing enables people that are abiding lawfully under state legislation, it can be said there need to be no barrier to having a weapon and holding a medical marijuana card at the same time. It can likewise be said that simply by possessing the card does not suggest you are in possession of or using marijuana as well as it’s subsequent products.
To be clear 922( g)( 3) is a governing law, however it has subsequent amendments that must not be neglected. Specifically 922( d)( 3 ), which deals directly with the sale of weapons, not just the screening process, and it consists of the clarifying phrase “having reasonable cause”. This condition is something that (g)( 3) does not include, further clouding the topic. This difference might not stick out as a big hurdle, but it is vital in the debate whether or whether not MMMA card holders are eligible to hold a CCP.
In the short article, by Ammoland as well as 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 mentioned prior to this is not an outright fact, however in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter explaining how statues 922( d) as well as 922( g) associate, and also are specified concerning states with legalized marijuana. Their position is, as a federally licensed firearm dealer, the dealer may not sell to any person that is understood 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 state they advised that cardholders not have the ability to lawfully possess a gun, due to the fact that 922( g) does not include such a provision, yet it does make sure that the acquisition as well as sale of a gun would certainly be frowned upon, if not considered a violation.
As the best scenario and case regulation we can provide, at this time, we after that looked into the ruling of the 9th Circuit Court of Appeals. This instance occurred back in August 2016, yet their decision is sound, a sufficient explanation of the spaces 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 stated “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, but is now ruling case law.
Basically, it is the basic distinction that comes into play when acquiring weapons as well as ammo, not in the possession of firearms. The above ruling is narrow in its application, in a sense, it only applies to federal law (not state law) relating to the sale, not possession, and also simply to cardholders who are not users. This is why the federal form 4473, which covers the usage and also possession of marijuana and also various other controlled substances is still in use. So, if you are intending on obtaining a permit, apply for ones that only have to comply with state law and not federal, since federal law calls for compliance with all statues.
Michigan law specifically lays out the exact requirements 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 and also MCL 28.425 b, respectively. The reason we suggest to only 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, as well as neither have limiting needs 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 also, you are qualified for weapon ownership.
Another component of the (https://mcrgo.org/) post we intend 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 adhered to. This is inaccurate and false because 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.
Finally, the Michigan Medical Marihuana Act (MCL 333.26424) protects cardholders under section 4 from ever being “denied any right or privilege,” and given that weapon ownership is a constitutional right, they can never rescind that right. To clarify 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 forbidden 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 regulate weapon sale and possession are 922(d) (sales) as well as (922(g)(possession).
Both Federal laws have various requirements, as well as the 9th Circuit clarified the ‘grey’ area during the Wilson v. Lynch case in 2016.
The current understanding of the Federal law is interpreted in such a way as to forbid the sale of weapons to MMMA cardholders if the vendor has knowledge of the card.
Federal regulation does not have the authority to prohibit possession of guns for people that simply have an MMMA card, but are not utilizing.
Considering that getting LTP and CPL are state-based application they do not require to address the marijuana and controlled substance question.
State regulation prevents Michigan authorities from refuting any type of civil liberties or benefits, such as possessing as well as purchasing a firearm, 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 and possess guns the response is Yes! Yes, you can, it is your right, and you have the ability to exercise that.