Michigan MMJ and firearms

Rrog

Well-Known Member
I have heard to my surprise that if you have an MMJ card you can still own firearms. Any restrictions assuming no felony history, etc?

I seem to recall that at some point an MMJ card holder could not have firearms. That changed, apparently.

Thanks
 

stumpjumper

Well-Known Member
Changed when? It's a federal; offense, nothing to do with the state. I highly doubt the feds relaxed their position on it.
 

Slayxr

Member
yeah its federal, and i think they can't even check if you have your card? patient doctor thing? but federal law probably trumps that. but this is the reason my friend wont get his card because he believes this.
 

mrbungle79

Well-Known Member
hipaa prevents the feds from even knowing if you are a patient. and on the form to buy a pistol where it asks about illegal drugs, answering no is not perjury because it is a state form and in michigan cardholders are legal. when going to to purchase a pistol if you r asked if you r a mmj patient you are not obligated to disclose that also because of hipaa-The Health Insurance Portability and Accountability Act

although i'm sure that won't exactly stop the feds from doing what they do best. sarcasm implied. i would think unless they had a warrant which would mean there was also reason for investigating you in the first place that they would ultimately lose that case due to unlawful search and seizure and invasion of privacy. i'm no lawyer though. there are a few cases that i know of around the country right now dealing with this issue http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/1436-medical-marijuana-gun-ban-class-action-lawsuit thats one. heres another from oregon which is good newshttp://news.tenthamendmentcenter.com/2012/01/11/supreme-court-rejects-medical-marijuana-gun-rights-case/
 

mrbungle79

Well-Known Member
Unlawful user of, or addicted to, any controlled substance (convicted, of possession within last year, multiple arrests for possession within the past five years if most recent arrest occurred within the past year, or positive drug test within last year)

taken from the msp website under firearms. pistol purchase permit laws in mi. heres the link http://michigan.gov/msp/0,1607,7-123-1591_3503_4654-225113--,00.html and yes i have read the bulletin issued to all gun dealers about sales to mmj patients heres the link for the atf memo sorry it's a pdf http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf just don't show your card or tell them you r a patient. i'm a firm believer in the right to bear arms!!
 

abe supercro

Well-Known Member
many violations have happened w popo grabbing dispensary files on members. hippa won't really save anyone from much in the mmj world. mmj illegal on federal level, think hippa helps there too? hippo is no shield, in any way, for mmj superstar.
 

CashCrops

Well-Known Member
Hippa has nothing to do with your MMJ card or it's rights. L.A.R.A is the one who now issue's those cards sadly. I think they decided to do this so that police can now have access to that info. Just for giggle's though, I removed my guns from the house and keep my carry pistol in a magical place that only I have access to if that helps ya?
 

Rrog

Well-Known Member
I think MrBungle79 has the link that sets the tone. This is indeed Federal, and in Colorado a woman pushed the case up to the Fed Supreme Court. All lower courts agreed with her, and SCOTUS refused to hear it, meaning the lower court rulings stand.

While the law doesn't say go out with your MMJ card and bear arms, legal precedent says you can. At least that's what my non-legal brain comes up with. This is what my friend was referring to.
 

Slayxr

Member
It's just fucked up how they can even threaten to do this shit, no right to bare arms anymore? lol
 

ryan1918

Well-Known Member
Hippa has nothing to do with your MMJ card or it's rights. L.A.R.A is the one who now issue's those cards sadly. I think they decided to do this so that police can now have access to that info. Just for giggle's though, I removed my guns from the house and keep my carry pistol in a magical place that only I have access to if that helps ya?
So please tell me where in the hell they have access to our records? Because they don't unless they get a warrant it's not a open database, even though they have been trying to make it like that.

I own a gun, and purchased it brand new, I told them I had my MMMP card because I wanted to make sure it was okay, I know they would have a slim chance of ever finding out, but I think it depends on the city and how the police want to make it be, Saginaw is bad so if you can't own a gun because of that would find themselves in a big lawsuit, which will happen but I would never be scared to have my gun and my MMMP in the same house as Im protecting myself and my family, and could care less what the feds think about it.
 

ryan1918

Well-Known Member
Some have also stated that you can't get your CCW with your card, wrong, I know several people that have it, I think it's best to check with your local police dept to see how they feel about it, But all in all you have nothing to worry about it trying to get it.
 

TheMan13

Well-Known Member
The right to bare arms is only for the vested. cn
Vests are only for small arms survival ...

True story from a "friend":

I met this dealer today named T Rex... At the end of the day I asked him how the name T Rex came about and he said that he only deals in small arms ;)
 

cannabineer

Ursus marijanus
Oh my. I was thinking of just plain wear'em vests, not ballistic issue.
Lol about T Rex though. I won't ask if he had a big head. cn
 

TheMan13

Well-Known Member
Oh my. I was thinking of just plain wear'em vests, not ballistic issue.
Lol about T Rex though. I won't ask if he had a big head. cn
Ya, if you're wearing a vest I may just shoot you :bigjoint:

Don't want to take the chance with blood contamination :lol:
 
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