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Old February 21, 2013, 08:33 PM   #26
CO_GunShooter
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That's interesting. Legal in the state, illegal by the feds, I wonder how these medical marijuana user feel about being half-law abiding, half-not.
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Old February 21, 2013, 10:02 PM   #27
dajowi
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I didn't say that Ms. Willis couldn't be indicated under federal statute. I was only pointing out the facts as they currently stand in the state of Oregon.

The ruling issued in Salem, Ore., upheld previous decisions by the Oregon Court of Appeals and circuit court in finding that a federal law barring criminals and drug addicts from buying firearms does not excuse sheriffs from issuing concealed weapons permits to people who hold medical marijuana cards and otherwise qualify.

“We hold that the Federal Gun Control Act does not pre-empt the state’s concealed handgun licensing statute and, therefore, the sheriffs must issue (or renew) the requested licenses,” Chief Justice Paul De Muniz wrote.

In looking over the on-line CHL application from the county, there is no specific language dealing with Oregon Medical Marijuana Card holders.

The state has made a determination as to how it's going to handle a rather controversial issue regardless of federal law. Who knows what the future will bring.
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Old February 21, 2013, 10:25 PM   #28
Frank Ettin
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Quote:
Originally Posted by dajowi
...In looking over the on-line CHL application from the county, there is no specific language dealing with Oregon Medical Marijuana Card holders.

The state has made a determination as to how it's going to handle a rather controversial issue regardless of federal law. Who knows what the future will bring.
But the practical, real world result is the a medical marijuana user in Oregon, even with an Oregon CHL, is still subject to federal prosecution if he possesses a gun. The Oregon CHL is, as the Oregon Supreme Court specifically stated, no barrier to federal prosecution under federal law.

The Oregon Supreme Court's decision is a nice technical analysis of basic preemption law. And it reaches what is a proper, technical conclusion. But it breaks no ground nor even challenges in any way the supremacy of federal law.

That's probably why the U. S. Supreme Court didn't see any reason to take the case. That's also why, as far as the marijuana/gun dynamic goes, the Oregon decision is unlikely to have any meaningful effect. So it's unlikely the future will bring much, unless by a change in federal law.
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