shovelhead
Member
Federal law over state law. Answer “yes” to the marijuana question and you are not eligible to purchase or possess.
A letter sent to all Michigan FFL ‘s March 3, 2020 removed a Michigan CPL to be used in lieu of a NICS check, this excerpt spells out the marijuana question.
“In spite of this specific statutory requirement, ATF recently received information from the Federal Bureau o f Investigation, Criminal Justice Information Services Division Audit Unit that Michigan CPLs have been, and continue to be issued to certain applicants without a determination by Michigan officials as to whether the applicant is prohibited under Federal law from possessing or transporting firearms. Specifically, ATF learned that CPLs were and
U.S. Department of Justice
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PUBLIC SAFETY ADVISORY TO ALL MICHIGAN FEDERAL FIREARMS LICENSEES (continued)
continue to be issued to applicants who were likely prohibited due to a conviction for a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)), and to habitual marijuana users (18 U.S.C. § 922(g)(3)). Although possession and use of marijuana is not unlawful under Michigan law, marijuana remains a "controlled substance" under Federal law, and those using marijuana are prohibited from possessing or transporting a firearm pursuant to 18 U.S.C.
§ 922(g)(3).”
A letter sent to all Michigan FFL ‘s March 3, 2020 removed a Michigan CPL to be used in lieu of a NICS check, this excerpt spells out the marijuana question.
“In spite of this specific statutory requirement, ATF recently received information from the Federal Bureau o f Investigation, Criminal Justice Information Services Division Audit Unit that Michigan CPLs have been, and continue to be issued to certain applicants without a determination by Michigan officials as to whether the applicant is prohibited under Federal law from possessing or transporting firearms. Specifically, ATF learned that CPLs were and
U.S. Department of Justice
-2-
PUBLIC SAFETY ADVISORY TO ALL MICHIGAN FEDERAL FIREARMS LICENSEES (continued)
continue to be issued to applicants who were likely prohibited due to a conviction for a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)), and to habitual marijuana users (18 U.S.C. § 922(g)(3)). Although possession and use of marijuana is not unlawful under Michigan law, marijuana remains a "controlled substance" under Federal law, and those using marijuana are prohibited from possessing or transporting a firearm pursuant to 18 U.S.C.
§ 922(g)(3).”