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Concealed Weapon Permit vs. Medical Marijuana

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marijuana and gunsOver the weekend, a friend asked me if his concealed weapons permit would make him ineligible for a medical marijuana card. The answer is…it depends on what county of Oregon you live in. Apparently, a unique phenomenon is occurring in certain areas of Oregon; County Sheriffs are denying concealed weapons permits if the applicant is a medical marijuana cardholder (see attached story). In Washington County and Jackson County, the Sheriff’s offices took it upon themselves to revoke concealed weapons permits if they found out the applicant was a member of the Oregon Medical Marijuana Program (OMMP). In the case of Steven Schwerdt, he had a concealed weapon permit for six years, until Washington County revoked his license due to his new enrollment in OMMP. It doesn’t appear that this is happening anywhere else in the nation, except these two counties in Oregon.

The Sheriff’s claim that they are just enforcing federal law, which prohibits issuing concealed weapon permits to drug addicts. Attorneys for the revoked gun permit owners point to the fact that federal laws do not trump state concealed weapon laws. I would point to the case of US v. Lopez (1995), which essentially stated that the feds overreached their boundaries by trying to use the Commerce Clause to regulate firearms. Their argument in this case would be no different. Lawyers on behalf of state sovereignty will point to the fact that counties are creations of the states in which they reside, which means that they are enforcing state laws, not federal laws. The ATF recently issued policy statements saying that federal laws trump any state laws in the area of firearms. However, Montana and Tennessee have already passed Firearms Freedom Acts to establish that intrastate firearms issues are a state police powers issue, and more states are in the process.

According to the article, and based off my own independent research, it appears that these two counties in Oregon are the only areas in medical marijuana states that are having this issue. To quote the article, “It’s kind of unique to Oregon that a couple of sheriffs there seem to want to defer to federal law when they really ought to be looking at enforcing state laws,” Allen St. Pierre, NORML’s executive director, said in an interview from Washington, D.C.

From what I can tell, the Appellate Court of Oregon has yet to issue an opinion in this case. So the lower court rulings stand, which means that as of right now, you have the right to get a permit and a card. This is backed up by two lower court rulings (I believe one in Jackson County and one in Washington County), so pack heat and safely medicate with confidence. However, I can’t caution enough, THIS IS NOT THE END OF THIS BATTLE. THIS SUCKER COULD GO ALL THE WAY TO THE US SUPREME COURT. Rest assured that Johnny Green and TheWeedBlog.Com is monitoring this area of marijuana policy, and we will report back when there is a change!

p.s. — Could you imagine, NORML and the NRA teaming up for the same cause…Wild.

http://www.tdn.com/news/article_7f636e1e-d133-598e-a0e0-689980394094.html

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  • Wiz

    Thanks homie, good lookin out!!!

    • nomadjames

      Take it to the supreme court. Fuck these the fed loving sheriff cocksuckers. Wake up the Federal Government is a failure!

  • CJ

    JUST USE A TAZER

    • CJ

      Misspelled taser.

  • Joel Glenn

    Do you know what Michigan laws are w the concealed weapons permit and the medical card

  • rosie kk

    I was also wondering about michigans laws. I have a concealed weapons permit and just sent in for my mm licence. I will let you know if I have any problems or not..

  • jenny

    hi i wanted to know the same i have a cpl license and im getting my mm license . can i carry while i have my mm in the trunk ? as long as im not using ????

  • Valorie Parker

    I was wondering if this is a new Federal Law, accepted Nation wide? More direcly, Washington State?
    Also, are the medical marijuana stores to close thruout Washington State?

    Thanks

  • you dont ever want to have weapons near any medical cannabis- it just gives the wrong idea and could be considered as indicia

  • You would have to tell the police that you are a card holder in Oregon. Police have no access to private patient information. They can only find out if a certain address is a registered grow site and that is it, no names at all.

  • Davis

    I am a 41 year old male who has had a cpl/ccw for ten years without incident. I was recently called in to see the gun board about my renewal. It was brought to the boards attention that I recently applied and received my card. ( this is in michigan) I have been in front of the board two times and I’m on my way back for a third. Still I haven’t been denied ,I just haven’t been renewed. Sad thing is; is need my weapon for work, and for my personal and my families procetion. I spent 6 years at a pain clinc so I’m not one of the many in michigan who went to a hotel to see a doctor that they have never seen before and were approved. It’s as Legit as it gets. I just wanted to say I’m fighting the same battle that the poor folks are fighting in oragon! I have no intentions on giving up, I will fight so another innocent individual will not have to experience all the discrimination and abuse of power and making you feel like a complet drug addict as I have! Good luck to anyone who may face such abuse. Stay strong!!