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Oregon Sheriffs Must Issue Concealed Gun Permits To Medical Marijuana Users...And Why They Have To
armedselfdefense.blogspot.com ^ | 01-12-2012

Posted on 01/12/2012 9:56:35 AM PST by Sasparilla

Anti- gun rights Sheriffs in Washington and Jackson County, Oregon, in their infinite wisdom, denied Concealed Handgun Permits to their county residents who possessed state medical marijuana cards. And the ensuing losing Court battle by these County bureaucrats over this decision cost Oregon taxpayers a ton of money. These residents had complied with all of the legal requirements for a permit, but admitted to being regular users of medical marijuana.

When the people who were denied permits sued the Sheriffs, the determined Sheriffs answered that the state’s concealed permit laws were preempted by federal law against possession of firearms by people who are “unlawful” users of controlled substances. The Sheriffs believed that the Federal Gun Control Act of 1968 applied in this circumstance and that Oregon law was preempted by the Federal Gun Control Statute.

The state courts, including the Oregon Supreme Court ruled that the Sheriffs got it wrong, and that permits should have been issued. But the anti-firearms rights sheriffs took their case to the United States Supreme Court, hoping that the country’s highest court would overturn the Oregon Courts’ decisions.

After a long legal battle went through three different levels of Oregon’s state courts, each a successively higher Court, the anti-gun rights Sheriffs lost. The Oregon Supreme Court used "common sense" that Anti -Gun rights groups often refer to in shutting down the Sheriffs' arguments against gun rights. It ruled that the Gun Control Act of 1968 specifically renounced any intent of Congress to preempt state law unless the law is in “direct and positive” conflict with the Act.

The GCA of 1968 makes it illegal for anyone who is an unlawful user of or addicted to any controlled substance to possess a firearm received in interstate commerce. However, Oregon's highest Court said that Federal Gun Control...

(Excerpt) Read more at armedselfdefense.blogspot.com ...


TOPICS: Government; Politics
KEYWORDS: banglist; concealedcarry; selfdefense

1 posted on 01/12/2012 9:56:47 AM PST by Sasparilla
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To: Sasparilla

Let’s cut the crap. The Sheriff, a position long lauded as a champion of the Local over the Federal, threw a temper tantrum because he sees medical marijuana as a threat to job security. Simple as that.


2 posted on 01/12/2012 10:03:59 AM PST by Wolfie
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To: Wolfie; Sasparilla

They also bitterly resent the idea that common citizens can have guns, too, not just the Sheriff and his drinking buddies.

“They can just sit there, smokin’ dope and shootin’ people, and there’s nothin’ we can do ‘bout it! T’ain’t right!”


3 posted on 01/12/2012 10:14:40 AM PST by yefragetuwrabrumuy
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To: Sasparilla

Medical marijuana users are potential targets of those who want their “stuff”, and need a firearm for self defense. Everybody else is a potential target of people who want THEIR stuff, and have the same need. What’s hard about that, Sheriff?


4 posted on 01/12/2012 11:54:31 AM PST by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Sasparilla

I reject the idea that I need a permit from any level of government to exercise my right to own and carry a gun or use an herbal medicine.


5 posted on 01/12/2012 5:46:16 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
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