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Michigan Medical Card and Gun Law

Discussion in 'Michigan Patients' started by abenedet, Jan 10, 2017.

  1.  
    abenedet

    abenedet Active Member

    I'm curious if it's legal to own a firearm for home defense and for range shooting while in possession of a medical marijuana card.

    I've been talking with a few buddies and getting different answers.

    If anyone says yes or no please provide back up by citing a credible website.

    I would really like to know what's the real answer. I also will explain how my buddies have a perfectly legal loophole that they believe is correct but would like any additional info on the topic.

    Thanks,
     
  2.  
    chemphlegm

    chemphlegm Well-Known Member

    theres no loopoles. having a card does not keep you from legally owning a firearm. Growing marijuana will.
    its always been this way, nothing has changed, card or no card, using/addicted to/growing an federally illegal drug while in possession of a firearm .

    I've personally see pistols and ammo returned to a grower after he was found compliant with the mmmp. dont medicate whle using guns, dont keep guns in the same building as the garden. dont tell anyone what you're doing. you can google this stuff yourself.plenty of hits on firearms and marijuana for the last 30 years, no loopholes though.

    its about committing a crime while growing marijuana. dont commit a crime, dont tell anyone , dont show anyone, dont talk to cops, dont lie on federal forms--thats the trick, a felony in itself. buying a gun, you state you do not use marijuana, its a lie, when busted, you lose twice.
     
    ttystikk likes this.
  3.  
    chemphlegm

    chemphlegm Well-Known Member

    http://media.mlive.com/citpat/news_impact/other/ATF medpot memo.pdf


    the feds make no distinction between federally scheduled marijuana use/possession / cultivation and medical marijuana.
    its always been illegal to grow both, purchase firearms while using or growing or under the influence of marijuana.

    why will they let a prozac taker buy a gun though? This is an experimental psychotropic drug indicated sometimes for people feared to do damage to themselves or others.....now with a gun! cops take antidepressants? I wish cops could use marijuana instead?
     
  4.  
    phaquetoo

    phaquetoo Well-Known Member

    Your post says we can legaly own a gun as long as we dont grow pot, than you say dont lie on a fed form, If I lie and say I dont smoke pot and get caught now I have 2 fellony's. so which is it? am I allowed to own my butt load of weapons or am I not, dont matter im not getting rid of them any how lol!

    Peace
     
  5.  
    chemphlegm

    chemphlegm Well-Known Member

    owning requires no questions, buying does aye?


    lying on a federal form is a crime
    committing a felony while in the possession of a firearm adds time

    nobody asks gun owners if they are pots smokers, its the other way around.
    be smart. if the feds are in your house for pot, guns just sweeten their pie, plea bargains, etc.

    be a grower holding a gun at the masked man with a badge coming through your door, you'll die anyways, no worries of criminal records.


    the feds say you cant grow pot either, keep that in mind. no distinction between medical and illegal for them. Committing a felony?

    add a gun, no matter when you bought it, what the felony is, what you said, or why you have it, or even if your state says its not a crime, feds say it is another crime to have the gun while in the commission of a felony, or even a bullet proof vest

    hope that helps
     
  6.  
    abenedet

    abenedet Active Member


    So if I want to purchase a firearm for range purposes then it's fine as long as it's not kept in where the garden is ? Sorry your post didn't have a clear answer.
     
    chemphlegm likes this.
  7.  
    leighgal

    leighgal Well-Known Member

  8.  
    chemphlegm

    chemphlegm Well-Known Member

    "in where the garden is" is not clear.
    if your gun is purchased under the pretense that you do not grow or use marijuana, and thats a lie, then you've broken the law.
    if you own a gun for the range and you do grow I'd suggest keeping it at a nearby friends house instead of yours. There's many degrees of possession, so gun possession is not clear either. I am not an attorney.
    a cop will decide at the time what to do, could be anything form stealing your gun to hitting you with it to ignoring it even.

    remember 10 years ago before mmmp the same question was on the form. did it stop people who smoked marijuana from buying a gun then? why should it now. dont commit a felony, dont attract police, nobody will ever know you have a gun, records are not cross checked, well, yet anyways
     
  9.  
    abenedet

    abenedet Active Member

    So the only way to fill out that form is to commit perjury ? That's how one would buy them ? Mind blowing to me, someone who just wants to own one for range time or home protection..
     
  10.  
    chemphlegm

    chemphlegm Well-Known Member

    nobody says a marijuana user cannot purchase a firearm in the paper, at the gun show either. Used guns wont have this pesky rule to follow, like gun stores, gander/dunhams/walmart for instance. thats the way marijuana users have to do it now I guess
     
  11.  
    mrbungle79

    mrbungle79 Well-Known Member

    Doesn't matter where you buy a handgun from, used or not, you'll still have to fill out the paperwork and go through a background check. Unless you have a cpl in which case you just need to fill out a RI-060 form Long guns are a different story.
     
  12.  
    chemphlegm

    chemphlegm Well-Known Member

    thank you this is true, I was stuck on long guns, I've known pistols are a different issue .
     
  13.  
    abenedet

    abenedet Active Member

    so long guns don't require as extensive of a check ? For example, if I bought used at a gun show then the form need not apply ?
     
    chemphlegm likes this.
  14.  
    Rrog

    Rrog Well-Known Member

    Which scenario is more likely to give you a bad day:

    A- Cops show up to a legal grow, 2 ounces, and a pistol

    B- Cops show up, no grow, 2 ounces with a MMJ Card, and a pistol
     
    Last edited: Jan 11, 2017
  15.  
    chemphlegm

    chemphlegm Well-Known Member

    A

    pistols must be registered, rifles, ak47, 12g, .308, etc need not be. but when you buy from a dealer at a store
    they will do a criminal background check for a rifle purchase, call the (fbi/atf?) and complete papers, no marijuana questions

    . A pistol requires more scrutiny for the purchase, including the marijuana question
     
  16.  
    abenedet

    abenedet Active Member

    You've answered my question then. I should have clarified that for rec rang shoot/ competition/sport/home defense that I wanted anything besides a handgun. Which makes sense now how people own and posses rifles for hunting while subscribing to the med card.

    Thank you,
     
    chemphlegm likes this.
  17.  
    chemphlegm

    chemphlegm Well-Known Member

    medical card holders own pistols too. maybe they no longer buy them, but they sure already own them

    if this was supposed to be the deal lara should have stipulated gun ownership clauses in the Marijuana Act, like must sell yours, or cant possess while growing. they make sure you dont have a crime, so they could have easily added a no gun provision. its convoluted, meant to put fear in your mind. follow the rules. if nobody knows you grow marijuana then nobody will care.

    just because I have a card at the time of pistol purchase does not mean I am a user or grower. forms dont ask about a card.
    I can legally check the right boxes and go home with my pistol. if one day I am in the commission of a felony and get caught with that gun and the feds are involved and they care to check how old my card is and what box I checked, how would they know I was telling the truth then or not when I completed the form?. will it matter even,? since assuming at that time they're there they believe I am committing a different felony, they dont visit because you bought a pistol and have a card, they dont even know that, (yet)

    the end
     
  18.  
    chemphlegm

    chemphlegm Well-Known Member


    rest assured, growing or not, if you answer the ninja hiding his badge when he kicks the door with a rifle, pistol, bbgun, stun gun, club, bat, you will likely die, it will be justified too, even if you grow or dont. rifle or pistol no matter. if the feds come and you have rifles at the ready, and you grow, they'll be pissed too.
     
  19.  
    captainmorgan

    captainmorgan Well-Known Member

    Both, I have a friend that spent time for canna and a pistol. It was his wife's legal gun , she had a concealed permit for her job. They charged him for it, long story short he pleaded down. Something else to take note of was that his card was expired and his lawyer told him that he would have faced more charges and longer time if his card wasn't expired. A friend that he had known for many years set him up by buying 4 grams from him.
     
    Rrog likes this.
  20.  
    chemphlegm

    chemphlegm Well-Known Member

    with friends like that...
    lawyers always tell us how much worse it would be if...... that makes us feel better about the cash we give to the justus system, to keep it going.
    not really a gun lesson, but an expired card and selling weed illegally to an informant, that was thought of as a friend. sucks, but these lessons are tough to learn for some. thanks for sharing.
     

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