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Carrying A Ccw And Mmm?


Scottybud

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With my wife getting stabbed and robbed a couple weeks ago,its time to protect our selves.

 

 

The big question is can you open carry a gun via Michigan's right to bare arms or get a CCW being a medical MM patient? What are the laws?

 

Any help would be great!

 

 

Thanks!

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I would not mention Cannabis when you get your gun. Also "any laws and acts that are inconsistent with this act are void" and You shall be denied no right nor privilage for medical use". So you should be covered just in our law. But I am gunna think that if they found you with a gun and Cannabis, they would charge you with the "same old" charge's...

 

Sorry your wife got stabbed and robbed, its sad that we have to watch out for this kind of stuff, and they say we need more gun laws, I say everyone needs a gun!

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ScottyBud - saw you at Peacefest this past weekend.

 

In repsonse to your question, copied below is an answer I received from a well-informed Michigan Open Carry member:

 

"...anyone who is in possession of marijuana whether medical of otherwise would be in violation of the Federal 1968 gun control act.

 

Also there is no way to purchase a gun from a dealer without perjuring one's self as there is a question on the 4470 form that asks do you posses or use illegal drugs. Since federal law still lists marijuana as an illegal drug you MUST answer yes therefor the dealer cannot sell to you.

 

Basically the same goes for private party sales as you are in violation of the 1968 gun control act in regards to possession and therefor are precluded from purchasing or owning firearms period.

 

I would recommend that anyone thinking about getting a MM Card seek an attorneys advise. However the ones I asked stated in no uncertain terms "Hell No"

 

In order to correct this the federal law listing marijuana as an illegal drug would, have to be changed."

 

Sounded like a solid answer to me.

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Guest Wayne

IMHO it's a matter of how vital you believe your need for self defense is. If you would rather be in compliance and don't mind risking serious injury or death in the process it's your choice. Probably beats being alive, in prison, and/or broke as a result of wrongful death lawsuit.

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ScottyBud - saw you at Peacefest this past weekend.

 

In repsonse to your question, copied below is an answer I received from a well-informed Michigan Open Carry member:

 

"...anyone who is in possession of marijuana whether medical of otherwise would be in violation of the Federal 1968 gun control act.

 

Also there is no way to purchase a gun from a dealer without perjuring one's self as there is a question on the 4470 form that asks do you posses or use illegal drugs. Since federal law still lists marijuana as an illegal drug you MUST answer yes therefor the dealer cannot sell to you.

 

Basically the same goes for private party sales as you are in violation of the 1968 gun control act in regards to possession and therefor are precluded from purchasing or owning firearms period.

 

I would recommend that anyone thinking about getting a MM Card seek an attorneys advise. However the ones I asked stated in no uncertain terms "Hell No"

 

In order to correct this the federal law listing marijuana as an illegal drug would, have to be changed."

 

Sounded like a solid answer to me.

Good answer BUT, We are in violation of Federal law everyday, and we are legal by our state to be in violation of Federal law, so in turn, why should I loose my right to protect myself and my family?

Every person has a right to keep and bear arms for the defense of himself and the state.

I respect your answer 100% and agree with some of it, but I will not give up my .22 .

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ScottyBud - saw you at Peacefest this past weekend.

 

In repsonse to your question, copied below is an answer I received from a well-informed Michigan Open Carry member:

 

"...anyone who is in possession of marijuana whether medical of otherwise would be in violation of the Federal 1968 gun control act.

 

Also there is no way to purchase a gun from a dealer without perjuring one's self as there is a question on the 4470 form that asks do you posses or use illegal drugs. Since federal law still lists marijuana as an illegal drug you MUST answer yes therefor the dealer cannot sell to you.

 

Basically the same goes for private party sales as you are in violation of the 1968 gun control act in regards to possession and therefor are precluded from purchasing or owning firearms period.

 

I would recommend that anyone thinking about getting a MM Card seek an attorneys advise. However the ones I asked stated in no uncertain terms "Hell No"

 

In order to correct this the federal law listing marijuana as an illegal drug would, have to be changed."

 

Sounded like a solid answer to me.

 

 

Well that blows... :growl:

 

Im worried w the crime rate on the rise that compassion clubs are big targets to be robbed,those criminals thinking we have lots of killer meds and large sums of money on hand.

I would also like to make sure the club and our members are safe and secure,back to the drawing board...

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Good answer BUT, We are in violation of Federal law everyday, and we are legal by our state to be in violation of Federal law, so in turn, why should I loose my right to protect myself and my family?

Every person has a right to keep and bear arms for the defense of himself and the state.

I respect your answer 100% and agree with some of it, but I will not give up my .22 .

 

But, are we legal by any state law to be in violation of the Federal Gun Controls Act?

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There are many, many, people here in the forums that have a ccw. In other states it has came out that a ccw can not be denied do to MM. There has been a number of people with LEO interaction that have had a ccw, but did not have their gun on them, and had marijuana with them and the LEO let them go on there way. Most advise, do not carry both on you when you are out and about, just to avoid potential problems.

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There are many, many, people here in the forums that have a ccw. In other states it has came out that a ccw can not be denied do to MM. There has been a number of people with LEO interaction that have had a ccw, but did not have their gun on them, and had marijuana with them and the LEO let them go on there way. Most advise, do not carry both on you when you are out and about, just to avoid potential problems.

Makes since to me.

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But, are we legal by any state law to be in violation of the Federal Gun Controls Act?

Actually,

4. Protections for the Medical Use of Marihuana.

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

Isnt it my RIGHT to bear arms in the state of Michigan?

 

EDIT: Its not like our rights have not been trampled, and we are ALL still subject to Federal Prosecution for using Cannabis, and the penalty only goes up from use. So really we are NOT legal by our state law....

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There was a group in Owosso last summer at the park . They were a group that just wore guns right in plain sight . Didnt need a CCW gun was right their. Wonder if its legal for us to pack in plain sight ??. Like to talk to the leader of that group. Maybe they will have another get together this summer go down ask some questions

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The day i got certified for MM, i IMMEDIATELY contacted an attorney in regards to my transporting MM and carrying my pistol. He told me that you CAN carry both. Obviously, you want to make sure, god forbid, if you get pulled over and you DO have both, that you inform the officer that you are carrying your firearm. You DO NOT have to tell them you are carrying MM. Another tip he gave me, DO NOT KEEP YOUR CCW PERMIT RIGHT NEXT TO YOUR MM CARD! Keep them separate, again in case you get pulled over, the officer DOES NOT have to know you are an MM patient.

 

On a personal note, I will carry my pistol with me AT ALL TIMES whether or not I am transporting my meds. I have every right in the world to protect myself. Just like Zombie said, our state ALLOWS us to break the federal law of possessing MM. There are TOO many crooked criminals out here that, without warning might want something that I have.

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There was a group in Owosso last summer at the park . They were a group that just wore guns right in plain sight . Didnt need a CCW gun was right their. Wonder if its legal for us to pack in plain sight ??. Like to talk to the leader of that group. Maybe they will have another get together this summer go down ask some questions

 

It is legal to pack in plain sight in Michigan. We are an "open carry" state. Not sure about other states tho.

 

http://www.usacarry.com/forums/michigan-discussion-firearm-news/2792-open-carry-legal-michigan.html

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Yea it is legal to open carry pretty much everyone at those open carry picnics is some idiot who feels like they need attention.

 

 

In today's world it isn't about carrying a gun for attention,well maybe for a few peeps.

 

My wife was robbed and cut/stabbed by a robber at our head shop a couple weeks go,Patients getting robed,caregivers getting robbed...Its time to protect your meds and family from the evil on the this earth!

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With open carry, you can't carry it in your vehicle unless you have a CCW also. Not sure where they would come down on open carry on a motorcycle since it would not be concealed.

 

 

You can not open carry a pistol while in a vehicle,it has to be locked up and unloaded in a vehicles trunk or out of the reach of the driver/carrier if you dont have a trunk to but it in.

 

Thank You MICHIGAN for the right to bare arms!

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i've been wondering about that too. i'm not an attorney. my understanding is that an mm patient cannot legally have ccw since these people are in violation of federal drug law to begin with. the only way to get ccw is to lie about illegal drugs on the application. but then there are plenty of law abiding subjects who'd lie to "peace officers" about what they had for breakfast. i'd bet a c note that any attorney fully conversant with mm and ccw would agree. i'd love to be wrong about this. can any attorneys weigh in on this?

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One card allows you to defend yourself with deadly force. The other allows you to medicate yourself with a natural medicine. In either case, without the card, you are performing an illegal act. Even with the cards, in the right instances, possession and/or use of either can be illegal. It's up to you to make sure you don't cross the line with either. Like any law, they're not invoked until need be. Don't be stupid, and you should be fine. That being said.....

 

If LE needs to discuss something with you, make sure they know about your CCW, and if you're carrying. They fear weapons, and rightfully so, because in the wrong hands weapons make their jobs more difficult, and their lives shorter. If you produce your CCW and tell them if you have a gun, and do so in the right manner, they'll grant you tons of respect. Then they know they're dealing with a level-headed person, who understands their rights, who can be trusted, and who understands laws and their connotations. And they know more about the person they're dealing with because they were granted a CCW, and handle themselves appropriately. My guess is (your mileage may vary, based on the LEO you encounter) your encounter with that LEO will become a much more civil matter, based on how you acknowledged your CCW (and weapon, if need be). They may not even need to know about your MMJ or MMJ card, if you handle the more important matter correctly.

 

Keep this in mind. Guns don't kill people, people kill people. Marijuana doesn't make people stupid, inconsiderate or dangerous - they're that way without marijuana if that's their inclination. CCW's deal with matters of life and death and are paramount to LE. MMJ has yet to kill anyone. If you're an idiot with a gun or marijuana, you're still an idiot. There's a reason why some folks can't get a card for either.

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One card allows you to defend yourself with deadly force. The other allows you to medicate yourself with a natural medicine. In either case, without the card, you are performing an illegal act. Even with the cards, in the right instances, possession and/or use of either can be illegal. It's up to you to make sure you don't cross the line with either. Like any law, they're not invoked until need be. Don't be stupid, and you should be fine. That being said.....

 

If LE needs to discuss something with you, make sure they know about your CCW, and if you're carrying. They fear weapons, and rightfully so, because in the wrong hands weapons make their jobs more difficult, and their lives shorter. If you produce your CCW and tell them if you have a gun, and do so in the right manner, they'll grant you tons of respect. Then they know they're dealing with a level-headed person, who understands their rights, who can be trusted, and who understands laws and their connotations. And they know more about the person they're dealing with because they were granted a CCW, and handle themselves appropriately. My guess is (your mileage may vary, based on the LEO you encounter) your encounter with that LEO will become a much more civil matter, based on how you acknowledged your CCW (and weapon, if need be). They may not even need to know about your MMJ or MMJ card, if you handle the more important matter correctly.

 

Keep this in mind. Guns don't kill people, people kill people. Marijuana doesn't make people stupid, inconsiderate or dangerous - they're that way without marijuana if that's their inclination. CCW's deal with matters of life and death and are paramount to LE. MMJ has yet to kill anyone. If you're an idiot with a gun or marijuana, you're still an idiot. There's a reason why some folks can't get a card for either.

All of it well said, but the part in bold is best...lol Very good advice too...

I wish I could give you another posi-rep, you deserve it for this.

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One card allows you to defend yourself with deadly force. The other allows you to medicate yourself with a natural medicine. In either case, without the card, you are performing an illegal act. Even with the cards, in the right instances, possession and/or use of either can be illegal. It's up to you to make sure you don't cross the line with either. Like any law, they're not invoked until need be. Don't be stupid, and you should be fine. That being said.....

 

If LE needs to discuss something with you, make sure they know about your CCW, and if you're carrying. They fear weapons, and rightfully so, because in the wrong hands weapons make their jobs more difficult, and their lives shorter. If you produce your CCW and tell them if you have a gun, and do so in the right manner, they'll grant you tons of respect. Then they know they're dealing with a level-headed person, who understands their rights, who can be trusted, and who understands laws and their connotations. And they know more about the person they're dealing with because they were granted a CCW, and handle themselves appropriately. My guess is (your mileage may vary, based on the LEO you encounter) your encounter with that LEO will become a much more civil matter, based on how you acknowledged your CCW (and weapon, if need be). They may not even need to know about your MMJ or MMJ card, if you handle the more important matter correctly.

 

Keep this in mind. Guns don't kill people, people kill people. Marijuana doesn't make people stupid, inconsiderate or dangerous - they're that way without marijuana if that's their inclination. CCW's deal with matters of life and death and are paramount to LE. MMJ has yet to kill anyone. If you're an idiot with a gun or marijuana, you're still an idiot. There's a reason why some folks can't get a card for either.

 

 

Very well said...A + rep in need! :goodjob:

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So, listening to all of this thread, and it is so sad to see the pattern that emerges. Obviously, we need to have the means to protect ourselves because we, as a free people, have a right to our own life. Therefore, no person or block of voters or king or tyrant or mob or thug has a right to say that we cannot protect our own lives. The bad guys have them (weapons). But it seems that our own governments, local, state, and national, often times, whenever politically expediant, want to make us (law abiding citizens) out to be criminals for wanting to protect our lives (which we have an undeniable right to do). Laws and elected officials that do not respect the rights of each individual to live for their own sakes are, naturally, working against your interests at times, affecting some now more than others, but always sacrificing or forsaking some "for the greater good". Help us...:unsure:

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