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MMMP & CPL -Who's got both cards?

Discussion in 'Michigan Patients' started by HydroRed, Jul 31, 2016.

  1.  
    resinhead

    resinhead Well-Known Member

    Yeah you shouldn't have anything to worry about.
    And a firearm wouldn't be making the "situation" worse if it protects you.
     
    Last edited: Aug 1, 2016
  2.  
    captainmorgan

    captainmorgan Well-Known Member

    I have a friend in jail that may disagree with you. His wife had a legal licensed revolver in their home,she was a store manager that handled the money and did the banking for the business. He was busted for a small basement grow and they used the firearm in the house against him.
     
    Rrog, NurseNancy420 and resinhead like this.
  3.  
    mrbungle79

    mrbungle79 Well-Known Member

    according to last years census of cpl determinations there were a little over 2000 denials and only one was listed as being due to mmmp card. I would think it safe to assume that the one person decided to open their mouth about having the card. my buddy has both. I personally dropped my patient status so not to have any issues, plus in the field I am in we get randomly tested so it was a fairly easy decision. still a cg though but that shouldn't matter either way when applying for a card.
     
    Rrog likes this.
  4.  
    resinhead

    resinhead Well-Known Member

    Damn. They took his money twice while permitting him to violate federal laws. I wonder why they came in his house?

    Grey area indeed.
     
  5.  
    captainmorgan

    captainmorgan Well-Known Member

    The MMM laws were written to be all grey on purpose so that prosecutors can go after anyone they want. He had a few plants in his basement and he had a 25 year old drug conviction when he was 17. Been married for 20 years or so and worked a straight job till he was disabled,not exactly public enemy number one. The list of charges added up to 10 to 20 years which included habitual offender for the bust when he was a kid. Needless to say he took a plea bargain for a year in county rather than risk that much prison time. He wouldn't fight the gun charge because they threatened to charge his disabled wife with it because it was her pistol. Wonderful justice system we have,he sold 4 grams to a snitch that was a guy he had known for many years and he thought was a friend.

    Forgot to add that they took away his disability while he is in jail and his disabled wife is trying to survive on her disability checks alone. These two are truly disabled and not some scammers.
     
    Last edited: Aug 1, 2016
    Rrog likes this.
  6.  
    HydroRed

    HydroRed Well-Known Member

    I think the part about the firearm being registered to the wife and it being accessible to the husband is where things went wrong for your friend. If it were locked up in a keyed container, inaccessible to the husband then they legally couldn't charge him with any firearms charges....unless he was on parole and it could be proven he knew about the firearm in the home.
     
  7.  
    captainmorgan

    captainmorgan Well-Known Member

    I've known the man for many years and proud to call him a friend and he is a stand up guy who I've seen help others that were down on their luck even tho he lived month to month with the income he had. There are two reasons they went at him so hard,the first is he would not become their snitch and the second is that he is Mexican and 6'3" 300 pounds and has tattoos,what the cops call a typical gang member look but he wasn't. Great guy that got a shitty deal mainly because of his heritage and looks.
     
    Rrog likes this.
  8.  
    HydroRed

    HydroRed Well-Known Member

    I don't doubt a bit your friend is a stand up dude. To me, the fact that he did his and kept his ol lady out of it speaks volumes about his character.
     
    phaquetoo likes this.
  9.  
    HydroRed

    HydroRed Well-Known Member

    You aint lying. I'd been digging around on the internet for quite some time now trying to come up with anything concrete and found everything but.
     
  10.  
    NurseNancy420

    NurseNancy420 Well-Known Member

    There is no 'concrete' with any part or our law.
     
    HydroRed likes this.
  11.  
    Dr.Pecker

    Dr.Pecker Well-Known Member

    That's a good question, keep in mind we have a crooked attorney general. I own guns and I had them long before I got a mm card. I've never had an accidental discharge and I never shoot or handle a firearm when under the influence. I don't have a cpl and I probably wont get one until cannabis is rescheduled. Michigan is open carry anyway, just don't transport pot and guns at the same time. I took this from another forum. Jackson County Sheriff Mike Winters argued that issuing the license would violate federal law, specifically the Gun Control Act of 1968. That act from 44 years ago specifically forbids anyone who uses or is addicted to a controlled substance from having a firearm. The court found that Sheriff Winters had no precedent to deny Ms Willis her renewed gun permit license based on the fact she was a medical marijuana patient. The sheriff took the case to an appellate court, where Willis prevailed again, then Winters took the case all the way to the Oregon Supreme Court. The highest court in Oregon also agreed with the lower courts.The MI carry permit app has the following language:

    8. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f.MCL 250.224f does mention unlawful possession of a controlled substance, however if MM is legal in MI and the OP has his card etc. it would not appear to be unlawful possession

    However, as stated, the permit app includes the following:

    B. Federal Requirements
    Pursuant to MCL 28.426, a Concealed Pistol License may not be issued to a person prohibited under federal law from possessing or transporting a firearm. The federal requirements to possess or transport a firearm include that the applicant:
    1.
    Not have been convicted in any court of, or under indictment for, a crime punishable by imprisonment for a term exceeding one year (e.g. felony or misdemeanor punishable by 2 years).
    2.
    Not be a fugitive of justice.
    3.
    Not be an unlawful user of, or addicted to, any controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).
    According to the ATF letter, the Federal law makes no distinction between unlawful pot use and permitted medicinal use.
     
    vapor85 and HydroRed like this.
  12.  
    NurseNancy420

    NurseNancy420 Well-Known Member

    Leave the gun. Take the cannoli.
     
    Dr.Pecker likes this.
  13.  
    Dr.Pecker

    Dr.Pecker Well-Known Member

    Apparently it's a thing. I'll give up my mm card before I ditch my gun.
    [​IMG]
     
    phaquetoo and HydroRed like this.
  14.  
    mrbungle79

    mrbungle79 Well-Known Member

    as I said in my earlier post I let my pt card expire so as not to have any issues. I still have my cg cards though.
     
    Dr.Pecker likes this.
  15.  
    Dr.Pecker

    Dr.Pecker Well-Known Member

    You would still be in possession of a controlled substance. I don't think it matters unless you're in violation of the mm act.
     
  16.  
    mrbungle79

    mrbungle79 Well-Known Member

    i dont travel with both and when my meds are dry they are gone. but as for the feds, i am not addicted to or a user. therefore i have no concerns about filling out paperwork for a cpl or purchase permits.
     
    pergamum362 and resinhead like this.
  17.  
    Rrog

    Rrog Well-Known Member

    Anyone have an opinion after the Fed court upheld the fed firearm ban if using med weed?
     
  18.  
    Resinxtractor

    Resinxtractor Well-Known Member

    It's not surprising. Lieing on the form is a felony. You can still purchase firearms in most states without filling out the background check form if bought from a private seller not to mention you can build ar15's from 80% lowers fairly easily and buy all the parts to finish it online no background check needed.1911's are the same.
     
  19.  
    Rrog

    Rrog Well-Known Member

    If a person didn't have a MMJ card, it couldn't be proven you lied when you check that box

    So get your CPL

    Then get the MMJ card

    Seems like if you got them in that sequence you'd be better off
     
    HydroRed likes this.
  20.  
    HydroRed

    HydroRed Well-Known Member

    I was thinking the same. I should have got my cards in the order of CPL first, then MMMP. The order in which you get the cards changes the whole dynamic since they ask different questions on each card application.
     
    Rrog likes this.

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