Can I Register A Gun When I Have A Medical Card In Michigan

Does being a medical marijuana patient affect i's second amendment rights? Asked differently, tin can y'all legally own a gun with a medical marijuana card ?

Unfortunately, the simple answer is no. Considering the federal government says cannabis is illegal, medical cannabis users are idea to exist utilizing a controlled substance. As such, according to federal police force, medical marijuana patients cannot legally purchase firearms.

Notwithstanding, gun and cannabis laws vary from state to state , and there'south a lot more to cannabis and gun ownership than meets the eye. This piece dives into more than details surrounding bearing firearms as a medical cannabis user and what you should go along in mind when considering adding either to your life. Note that zero in this article constitutes legal advice and if yous have specific questions about medical cannabis in your country, we recommend consulting a lawyer.

What the Law Says About Medical Marijuana and Gun Ownership

The federal laws governing firearm buying and medical marijuana stretch back for decades. The Gun Control Act of 1968 prohibits individuals from possessing guns or armament if they are fond to or employ any controlled substance.

Federal police force is quite clear regarding its opinion on medical marijuana and gun ownership. The FDA even so classifies cannabis equally a Schedule ane controlled substance, meaning it has no apparent medicinal value, has high abuse potential, and (co-ordinate to the nomenclature) both possession and employ are illegal.

The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an open letter of the alphabet to all licensed firearms dealers in 2011 stating that ane cannot purchase a firearm at a gun shop if they agree a medical marijuana card. When a card-carrying patient challenged the law in Wilson vs. Lynch, the 9th U.S. Circuit Court of Appeals upheld that prohibiting the sale of firearms to medical marijuana patients did not violate their second amendment rights.

Some states accept issued their ain laws in addition to this ruling. A recent ruling in Oregon , for example, immune medical marijuana gun owners to receive a curtained behave license. On the other hand, Florida recently ruled that a medical marijuana patient could not legally purchase a firearm.

And retrieve, federal law supersedes state constabulary, regardless of whatever legislation a state has written into its police force books on gun ownership and medical marijuana.

Are There Loopholes to the Laws?

The Wilson vs. Lynch ruling doesn't necessarily close the door for MMJ patients seeking to purchase guns. Every bit each state has dissimilar rules, some require background checks, whereas others, like Georgia , make it like shooting fish in a barrel to purchase a gun with little fuss. Federal law clarifies that licensed weapons dealers must perform a groundwork check on anyone purchasing a gun, merely then once again, one-5th of all gun sales involve unlicensed dealers.

Withal, the ATF issued a 2d warning following the Wilson vs. Lynch case . The organization amended Form 4473, which potential gun owners are required to fill out when purchasing a gun, to ask the question of whether the applicant uses cannabis or is addicted to it. Unfortunately, should you mark "yep" on the question, you lot are ineligible to own a gun legally. Just if you lot carry an MMJ card and say "no," you don't employ cannabis, you've committed perjury which is a felony.

According to the ATF , "The use or possession of marijuana remains unlawful under Federal law regardless of whether information technology has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

The police force is only applicable if the gun seller performs a background check, and, sadly, firearm purchasing regulations are often lax. Still, if constabulary enforcement pulls you lot over, you'd want to avoid giving them reasonable cause to search your vehicle if you're conveying both a firearm and cannabis.

Does a Medical Marijuana Card Invalidate a Gun License?

Essentially, yeah. Fifty-fifty if you lot're in a state with legalized cannabis for medical or recreational use, you cannot legally own a firearm fifty-fifty if you lot are licensed for both.

If y'all possess a gun, a medical marijuana carte du jour "invalidates" any firearm license you may take. This puts many people in an unfortunate catch-22 if they already have a gun, and enforcement depends on the context of the situation.

Even though the linguistic communication of the Gun Control Human action is straightforward, the changing sentiment around cannabis and its emerging legality has made enforcing information technology all but impossible.

The law was originally meant to enhance sentences for criminal drug dealers carrying firearms. But at present, equally an example, armed security guards are often required to protect dispensaries to ensure condom and supervise cannabis transportation and purchases. By being in the presence of cannabis, these people are violating the police merely for working in a dispensary. However, many states don't enforce the law to protect their cannabis industries.

Additionally, the ATF will technically permit medical cannabis patients to take a gun in their house if their spouse does non consume cannabis. The spouse must go along the weapon locked away to ensure the medical marijuana cardholder cannot access it.

The law gets even more than disruptive if you apply for an MMJ and already own a gun. You cannot purchase more firearms, just there's no existing guidance on what to practice with your gun…and relinquishing it could open the door to potential prosecution against you.

A side note: you lot tin buy a gun again once your MMJ card expires.

Medical Marijuana Card Cost

The Bottom Line on Whether You lot Can Ain a Gun with an MMJ Carte

Ultimately, this all ways one thing for patients: for now, you lot must choose between your medical marijuana card or your second amendment rights. Anyone determined enough to own a gun and use cannabis despite the law will probably notice a way to do so, but it's a dangerous game to play.

In the future, we hope new legislation is introduced that will let medical marijuana patients to admission this life-changing medicine and savour their second amendment rights.