No Registration For MMJ?

I inherited a pistol and when I went to get it registered, I was given a white 8.5x11 asking several otherwise "normal" questions coming from an oppressive unconstitutional registration scheme. The very first thing that I noticed at the top of (their priorities) was the question... Do you have, or have you ever had a Michigan Medical Marijuana card, and if it has expired, what was the expiration date... Or very very close in wording.

WTF


Michigan law is very clear, constitution be damned, that a person cannot be denied any right or privilege because of a MMJ card. All rights are by law, inclusive, including all gun rights.


MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008


333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.

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. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.

These people have been doing things their own way for a very long time.

BTW, the No Firearm sign that was once at the front door is now gone.

ETA Waterford Michigan

...and furthermore...

MCL 123.1102

123.1102 Regulation of pistols or other firearms.

Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

When I asked for my gov'ts arms, they said to provide me with records (like invoices) that would show arms that they owned would create a safety risk (ie risk of death). And I have had 3 agencies who are required by law to perform such reviews when I requested other agencies records all say the same thing: individual safety risks are associated with the disclosure.

So, either the registration requirements in my state are unlawful (you can own but must disclose and such disclosure=your death) under the 2nd amendment OR the state is wrong about the safety risk associated with disclosure.

I play both sides of the fence, alternating between arguments depending on what I am trying to achieve. If I'm seeking records, I say "hey, we have to disclose so the safety risk assessment is clearly wrong" to "hey, I should not have to register because if I do, it creates a risk of death for me and that would conflict with the 2nd amendment".

Drives officials up the wall.

When I told the "hey, I should not have to register.." to the Gov. staff they acted like they just snorted 20 lbs of coke.

I wouldn't have even registered the thing except that I wanted to sell it.

The OP is lacking some details. I'd be willing to make a few calls, but I need done details:

* what police department
* approximately what date the OP visited.
* what precinct did they go to?

Waterford PD?

Waterford PD. (again)
Yesterday.

+1 for Stepping up.

22Luke36 said:

Waterford PD. (again)
Yesterday.

+1 for Stepping up.

Click to expand...

A quick question: why not get your PP from another city?

Thought you had to get it from your own.

22Luke36 said:

Thought you had to get it from your own.

Click to expand...

HB 5225 changed that last year.

I'm not sure they know that. I forgot, honestly, I don't know how many people really do.

Didn't the ATF determine (yes the same ATF that recently violated a federal restraining order), that having a MMJ card is essentially admitting that a person is a user of prohibited drugs, and thus unlawful to posses a firearm? I'm sure Waterford would use that as their reasoning for asking the question...

The ATF released a memo. They tried to pass it off as a law, but it is just their opinion, no more enforceable than yours.

Yooper said:

Didn't the ATF determine (yes the same ATF that recently violated a federal restraining order), that having a MMJ card is essentially admitting that a person is a user of prohibited drugs, and thus unlawful to posses a firearm?...

Click to expand...

Codeine is a prohibited drug without a medical prescription, too.

Do I have to give up my guns if I want good cough medicine?

MAC702 said:

Codeine is a prohibited drug without a medical prescription, too.

Do I have to give up my guns if I want good cough medicine?

Click to expand...

Codeine is not banned at the federal level though. Although I'm sure they would see it as being prohibitive of owning a firearm if you were using it w/o a prescription, habitually of course

MAC702 said:

Codeine is a prohibited drug without a medical prescription, too.

Do I have to give up my guns if I want good cough medicine?

Click to expand...

Bad analogy.

Codeine is a Schedule II, III, IV or V Controlled Substances (based on formulation)and has a legitimate medical use.

MJ, on the other hand, is a Schedule I Controlled Substance and according to Federal law has no legitimate medical use and therefore illegal to use, posses, etc.

Okay, not a good analogy. But it is government that is telling you what Schedule a drug is on based on what medical purpose they feel you should have access to.

notalawyer said:

Bad analogy.

Codeine is a Schedule II, III, IV or V Controlled Substances (based on formulation)and has a legitimate medical use.

MJ, on the other hand, is a Schedule I Controlled Substance and according to Federal law has no legitimate medical use and therefore illegal to use, posses, etc.

Click to expand...

...and the 10th, among others, nullifies federal powers in the matter entirely. Not to mention the First, Second, Fourth, Fifth, and Eighth amendments.

The courts have ruled that the Fifth Amendment would nullify the requirement of registration when doing so would provide "evidence" of a criminal act. (I'll edit this with the court case when I find it.

Marchetti v. United States, 390 U.S. 39, 57 (1968). & Haynes v. United States, 390*U.S. 85 (1968)

I remember that now, it was an interesting study.