Recently we encountered an MCRGO (MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS) article (https://mcrgo.org/) released together with Ammoland all about medical cannabis and exactly how it influences weapon ownership and your concealed carry license. This is a really complicated issue, as you can imagine, for a shooting sports news blog to tackle and cover, in full spectrum and also with the right information for the consumer. This post simply grazed the surface on the interaction of state and federal law, since medical marijuana is legal, and the relation in between cannabis possession and licensing in Michigan. Much of what was stated is thought-provoking, yet not 100% precise, so we decided to resolve the inaccuracies and give you a helpful overview on your legal rights as a Michigan resident.
At the time the write-up was created (2016 ), they couldn’t supply very clear-cut answers since much of the Michigan Medical Marijuana Act and also adhering to benefits of its cardholders, when it involves firearm possession, was still a grey area in both federal as well as state regulation. The correlation in between the two topics is really essential, because when applying to acquire a weapon, of any variety, you have to complete the License to Purchase form with the state, in accordance with federal regulation. On this form and also the Concealed Permit License, you have to answer the question pertaining to possession and also use of cannabis and any other controlled substances like it. We believe there is some aid from federal statute 18 U.S.C. § 922( g)( 3) concerning licenses as well as possession, but it still does not make clear the concern 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 consist of authorized MMC holders, suggesting they are not forbidden from possessing a weapon or ammo. Since this phrasing allows for individuals that are abiding lawfully under state law, it can be said there ought to be no barrier to possessing 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 and also it’s subsequent products.
To be clear 922( g)( 3) is a governing law, but it has subsequent amendments that ought to not be neglected. Specifically 922( d)( 3 ), which deals directly with the sale of guns, not just the screening process, as well as it consists of the clarifying phrase “having reasonable cause”. This clause is something that (g)( 3) does not add, even more clouding the subject. This distinction may not stand out as a large obstacle, however it is critical in the debate whether or whether not MMMA card holders are eligible to hold a CCP.
In the article, 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 stated prior to this is not an absolute fact, however in 2011 the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) released an open letter describing how statues 922( d) and 922( g) associate, and also are specified referring to states with legalized cannabis. Their position is, as a federally licensed firearm dealer, the supplier may not market to anybody that is understood to or in fact does possess a medical marijuana card, as this is reasonable cause, and so the buyer is ineligible according to 922( d). This is not to state they advised that cardholders not be able to legally have a firearm, due to the fact that 922( g) does not have such a clause, but it does make certain that the purchase and sale of a gun would be frowned upon, if not considered a violation.
As the best scenario and case regulation we can offer, right now, we after that checked out the judgment of the 9th Circuit Court of Appeals. This instance took place back in August 2016, yet their decision is sound, an acceptable 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 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, yet is currently ruling case law.
Fundamentally, it is the basic difference that comes into play when purchasing weapons as well as 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) associating with the sale, not possession, and also simply 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 other controlled substances is still in use. So, if you are planning on getting a permit, apply for ones that only need to abide by state regulation and not federal, due to the fact that federal law calls for compliance with all statues.
Michigan law specifically lays out the exact criteria 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, specifically. The factor we advise to only apply on a state level versus a federal level is that neither 28.422 or 28.425 b contain language similar to the federal statutes, and also neither have limiting requirements for MMC holders. If you are not guilty of violating any controlled substance laws, which would certainly then make you ineligible for holding a medical marijuana card also, you are qualified for gun ownership.
One more component of the (https://mcrgo.org/) post we intend to cover, that is not exact, is the fact that state licensing requires a NICS background check and hence that federal laws still need to be followed. 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.
Lastly, the Michigan Medical Marihuana Act (MCL 333.26424) shields cardholders under section 4 from ever being “denied any right or privilege,” and given that weapon possession is a constitutional right, they can never reverse that right. To describe further, 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 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 gun sale and also possession are 922(d) (sales) and also (922(g)(possession).
Both Federal statutes have different standards, as well as the 9th Circuit made clear 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 ban the sale of guns to MMMA cardholders if the seller has knowledge of the card.
Federal law does not have the authority to forbid possession of weapons for people who merely have an MMMA card, yet are not making use of.
Because requesting LTP and CPL are state-based application they do not need to answer the cannabis and controlled substance question.
State law prevents Michigan authorities from denying any kind of civil liberties or opportunities, such as owning as well as acquiring a weapon, to cardholders.
Bottom line: when someone calls our office to ask if as an Mmma cardholder if it is still legal 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.