It has been a busy day in Oregon as The Oregon Court of Appeals confirmed the ruling of a lower court that participating in the Oregon Medical Marijuana Program wouldn't disqualify you from also obtaining a concealed weapons permit.
The ruling stated that Sheriff Mike Winters' had no grounds to deny a concealed handgun permit to Cynthia Willis since she satisfied all the legal requirements to obtain the permit in the state of Oregon.
"It means the sheriffs in Oregon will no longer be able to discriminate against patients," declared Leland Berger, the lawyer representing Willis and three other individuals that have been denied licensing for the same reason. "It's time for the sheriff (Winters) to stop wasting the taxpayer's money and stop litigating this issue."
Lori Duckworth, executive director of Southern Oregon NORML and medical marijuana card holder, was also denied a concealed handgun permit by Sheriff Winters. Her lawyer, Leland Berger, says this ruling will help him overturn Duckworth's denial.
"In sum, the circuit court correctly concluded that Oregon's concealed handgun licensing statutes are not preempted by the federal Gun Control Act," the court determined.
As previously decided by Jackson County Circuit Court Judge Mark Schiveley, Sheriff Winter's sidestepped the state law and deferred to The Gun Control Act of 1968 to form the basis for the denial.
The Court of Appeals refereed to a section in the Gun Control Act that specifically grants each individual state the right to pass their own gun laws.
Neither Sheriff Winters or his lawyer, Benjamin Bloom had any comment.