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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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If I get convicted of marijuana possession and own a pistol,

Resolved Question:

If I get convicted of marijuana possession and own a pistol, do I have to turn in my gun or am I just not aloud to buy anymore? Also what would happen if my home got searched and they found the gun and a personal use amount of marijuana?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

What state are you in?

Is the conviction for a misdemeanor or a felony?

Thanks
Customer: replied 1 year ago.

Michigan Misdemeanor, the question had two parts though =)

Expert:  xavierjd replied 1 year ago.
Thanks for the information.

I realize that the question has 2 parts. But I need a little more information.

1. Did you get a 7411 (first time conviction, dismissed upon completion of probation)

2. Are you on probation?

3. Do you have any other convictions? If so, for what? And were the convictions misdemeanors or felonies?

Thanks
Customer: replied 1 year ago.

I have no criminal record I want to use marijuana as medication though I do not have a Michigan Marijuana Card, And I would like to keep my firearms to protect my family.

Expert:  xavierjd replied 1 year ago.
Hi Jason,

If you have no criminal history, you (or your attorney) should ask the prosecutor if you can plead guilty to the misdemeanor under MCL(NNN) NNN-NNNN Under that statute, you are placed on probation (usually 1 year). During that year, if you comply with the terms of your probation, the case will be dismissed at the end of your probation. Probation can include, but not be limited to, fines/costs, no other convictions, attend a class or counseling, community service, and any other term set by the judge. The judge COULD also make you turn in any guns during probation. However, on a first offense, this is very unlikely. If you do not receive a 7411, a conviction will immediately go on your record and your license will be suspended for 6 months.

If your home were to be searched while you were on probation and marijuana was found, it is quite possible that you will lose your 7411 and a conviction will be entered, you will get new charges for marijuana (either possession or manufacture/delivery of marijuana--if scales, baggies, etc. are found) and you will get a new weapons charge (if the gun was not registered, etc.)

Under Michigan law, you do NOT have to turn in your legally registered gun (unless the judge orders you to do so). Also, you can still purchase a weapon if you have a misdemeanor conviction. HOWEVER, federal law prohibits anyone who has been convicted of a misdemeanor or felony from possessing/purchasing a weapon.

Moreover, a recent federal court decision even prohibits persons in Michigan who have a medical marijuana card from possessing/purchasing a weapon.

The botXXXXX XXXXXne is that you want to get a MCL(NNN) NNN-NNNNfor your first marijuana conviction. That way, no conviction appears while you are on probation and if you complete probation. That way, you don't have to worry about being able to purchase/possess a legal weapon.

However, if you do NOT successfully complete probation, a conviction will appear on your criminal history, and under federal law, you will not be able to possess/purchase a weapon. So, if your house is searched and marijuana is found, you will most likely lose your 7411 status and be charged again with a drug offense.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Not my question XD, The second question is this, Assuming that I am not on probation, have a clean record, but for some reason get searched and they find personal use marijuana and a firearm in my home? you answered that part as if im on probation.

Expert:  xavierjd replied 1 year ago.
Hi Jason,

Sorry for any confusion.

If your home is searched, based on your post:

1. You will be charged with possession of marijuana.

2. If there are any scales, papers, pipes, etc., you could be charged with possession of paraphernalia.

3. If the gun is illegal or unregistered, you could be charged with possession of an illegal firearm.

4. If the prosecutor determines that the amount of marijuana is MORE than for personal use, you could be charged with felony possession or if baggies, scale, etc. are found, then the gun would be seized and you could be charged with felony delivery and manufacture of marijuana.

5. If the gun is found and you are charged with a felony drug charge, the gun would be seized and you could be charged with possession of an illegal firearm during commission of a felony.

Again, Under Michigan law, you do NOT have to turn in your legally registered gun if you are charged with misdemeanor possession of marijuana. Also, you can still purchase a weapon if you have a misdemeanor conviction. HOWEVER, federal law prohibits anyone who has been convicted of a misdemeanor or felony from possessing/purchasing a weapon.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

Under MI law I don't but are you saying that under federal law I do have to get rid of them?

Expert:  xavierjd replied 1 year ago.
The federal law allows states to determine eligibility to possess, purchase, etc. a firearm.

So, just because you are convicted of a MISDEMEANOR possession of marijuana, you will not have to turn in your gun, UNLESS the court orders you to do so as part of probation.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 7 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Jason,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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