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Old June 17, 2010, 02:15 PM   #1
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 5,597
Oregon Court of Appeals says medical marijuana no bar to CHL

The Volokh Conspiracy covers and interesting case today. The Jacson county Sheriff in Oregon had denied a concealed carry permit to a Oregonian who was a medical marijuana user on the basis that the Federal law prohibiting such users from possessing a handgun preempted the Oregon state law.

The Court of Appeals upheld the the circuit court's reasoning that the CHL does not permit a person to carry a handgun - that right flows from the Oregon constitution. All the CHL does is remove the criminal liability from carrying one concealed. As a result, issuance of a CHL is not in conflict with Federal law and the Sheriff must issue the permit.

Interesting angle.
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