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Oregon Court of Appeals: Medical Marijuana and (Concealed) Handgun Case


The Oregon Court of Appeals, June 16, 2010, case Willis V. Winters (A139875) about controlled substances and guns:

Wollheim, P. J.

Respondent, the Jackson County Sheriff, appeals a judgment of the circuit court that ordered him to renew a concealed handgun license issued to petitioner, a medical marijuana user. The sheriff concedes that petitioner met the requirements for issuance of a concealed handgun license set forth in ORS 166.291. He nevertheless asserts that Oregon’s concealed handgun licensing statutes are preempted by federal law in this instance, because “an unlawful user * * * of any controlled substance” cannot lawfully possess a firearm under 18 USC section 922(g) of the federal Gun Control Act.(1) The circuit court rejected the sheriff’s preemption argument and ordered him to issue a renewal of petitioner’s concealed handgun license. We agree with the circuit court’s conclusion that federal law does not preempt this state’s concealed handgun licensing statutes, and we therefore affirm…. “ Link to Media Releases or full-text)

Link to other Oregon Appellate Court opinions.

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One response to “Oregon Court of Appeals: Medical Marijuana and (Concealed) Handgun Case”

  1. Anonymous says:

    Interestingly, the same panel that was reversed on the preemption issue in the recent Emerald Steel case decided this one as well – wrong again? Which part of preemption do they not understand? Can it really be that having a CHL doesn't entitle a person to “possess” a firearm, or is that another strained interpretation that takes a slap at the Oregon Supremes?
    I foresee a petition for review in the near future….

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