What About in Florida?
Subsequent, we take a look at Fla. Stat. § 790.06(n), which expressly forbids the issuance of a CWFL to an individual prohibited from possessing a firearm underneath federal legislation. In related half, it reads, “The Division of Agriculture and Shopper Providers shall challenge a license if the applicant: (n) just isn’t prohibited from buying or possessing a firearm by some other provision of Florida or federal legislation.” As beforehand mentioned, those that use marijuana, whether or not medicinal or not, are disqualified from possessing firearms underneath federal legislation. Due to this fact, Florida legislation clearly prohibits the issuance of a CWFL to any consumer of marijuana, together with these with MMCs.
As a consequence of Commissioner Fried’s directive, the problem now just isn’t whether or not you’ll be able to have each an MMC and a CWFL; slightly, what occurs when you have each an MMC and a CWFL and should defend your self with a firearm? Within the occasion of a self-defense taking pictures, Fla. Stat. § 776.012(2) (our lethal pressure justification statute) permits you to stand your floor and meet lethal pressure with lethal pressure; nevertheless, this doesn’t apply in case you are concerned in legal exercise, by which case you will need to try and retreat if you are able to do so safely. So, think about the next: Someday, as you end loading groceries into your automotive on the grocery store, you discover a person yelling on the different finish of the car parking zone. He begins to run towards you, and also you hear him yell that he’s going to kill you. You’ve time to enter your automotive however are involved about a number of bystanders within the car parking zone. So, you draw your firearm and maintain it at your facet, simply in case. As he will get nearer, you discover he’s holding a big knife. You elevate your firearm and finish the menace with one shot. Throughout the investigation, it seems that you’re going to be cleared.
Nonetheless, as they’re wrapping up the investigation, the State Lawyer learns that you’ve got an MMC and that you’ve got commonly crammed your prescription. Fees are filed. To make issues worse, you then obtain a letter from the Division of Agriculture and Shopper Providers, Division of Licensing. It’s an administrative grievance notifying you of their intention to revoke or droop your CWFL and your proper to request a proper assessment listening to inside 21 days.
You file for immunity. The prosecutor argues at your immunity listening to that underneath Florida legislation, you had an obligation to try to retreat and didn’t have a proper to stand your floor because you have been concerned in legal exercise on the time of the taking pictures. Although you’ve gotten a legitimate CWFL, the choose denies your immunity movement and units the case for trial on murder fees, ruling that because you “illegally” possessed your firearm whereas being a consumer of marijuana—a federal crime—your use of lethal pressure was unlawful underneath Fla. Stat. § 776.012(2) since you didn’t try and retreat previous to utilizing lethal pressure, although you have been confronted with a menace that may trigger dying or nice bodily hurt.
Merely put, though you could possibly get each an MMC and a CWFL in Florida, that doesn’t imply you’ll be able to lawfully possess a firearm underneath federal legislation. Those that use marijuana, legally prescribed or in any other case, might not possess firearms. Prefer it or not, federal legislation nonetheless controls this space, and no state “exceptions” overturn federal authority.
When you have any questions relating to the possession of medical marijuana and a CWFL, or some other firearm-related questions, please give U.S. LawShield a name and ask to talk along with your Unbiased Program Lawyer.
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