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Jackson County Sheriff Doesn't get it

Discussion in 'Legal & Political Archive' started by evltwn, May 29, 2011.

  1. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

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    A few weeks ago the Oregon Supreme Court agreed with the Circuit Court and the Appeals Court that Jackson County Sheriff Mike Winters was in violation of state law by refusing to issue CHL permits to legal medical marijuana users.

    These three rulings did not deter Mike, who is still holding up permits for legal users, and is contemplating using even more county funds to appeal to the US Supreme Court. While I do not want to start a drug thread, I wish to point out that the sheriff took it upon himself to add questions to the application concerning drug use, and steadfastly refuses (at this time) to obey the Courts.

    So our good Sheriff is both enforcer and legislator, but is not too strong on the obeying the law part, rather ironic considering he is the chief law enforcement officer of the county. What Mikey wants, Mikey gets, but if he dislikes the laws of the land, tough bubblegum.
     
    Guymcdb and (deleted member) like this.
  2. wolfwistle

    wolfwistle lebanon Member

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    Sounds like the criminal with the firearm is the one with the badge.The OMMP should have some attorney on retainer for this kind of thing.
     
  3. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

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    Well, they have been with the litigant all the way through 3 court decisions...Mr Winters is dragging his feet as much as he can. I would like to see the total tab for the county's attorneys...
     
  4. PX4WA

    PX4WA Tacoma, WA Active Member

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    this may be a bit off topic, but related...

    federal law considers any marijuana use as illegal... DOJ has sent a letter to WA state threatening govt employees regarding this...

    form 4473 question E states

    e. Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled
    substance


    so how do you get around this fact for medical marijuana users when the federal form already asks the question and since it is a federal form uses federal laws as basis for what is legal or illegal... and marijuana is illegal based on federal law...

    but since CHL is state law governed, that's a whole different situation... I'm just wondering how people get around the federal aspect of the law...
     
  5. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

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    The Oregon Supremes spelled out their logic in a way even I could understand it...check it out if you like.
     
  6. PX4WA

    PX4WA Tacoma, WA Active Member

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    I read through the supreme court logic and agree... Oregon can legislate whatever they want and it's the ATF's job to make sure federal law is enforced (not the oregon sheriff)... this is in essence a technicality of the law and the way state laws differ from federal laws... although the sheriffs intent makes sense federally, it is not valid at the state level... CHL's are state law governed and as such only state law should be considered when implementing it...


    but still doesn't answer the question that the argument is valid that federal law prohibits any (medical or not) marijuana users from posession and purchase of a firearm...

    states can't legislate that part away... and so these people are either comitting federal felony when they lie on form 4473 or they have to purchase FTF to bypass background checks...
     
  7. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Ironic, some "States" are all for not enforcing FEDERAL immigration laws and letting that mess run amok, but they'll enforce THIS Federal law... (sniff, sniff) you smell that?
     
    Jamie6.5 and (deleted member) like this.
  8. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    federal drug laws are unconstitutional. don't give me any bullcrap about SCOTUS- they're wrong.
     
    SargentMac and (deleted member) like this.
  9. del_and_bones

    del_and_bones Anchorage, AK Physics Pirate

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    Like Alaska where you can have up to two ounces of pot in your home for personal use
     
  10. Spad

    Spad Kennewick,WA, the desert side Active Member

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    Pot blowers, a breed apart from the law. What don't they understand about the federal law that says it is illegal. Pot sniffers and blowers, a mindset that comes from smoking the stuff. Spad
     
  11. Redcap

    Redcap Lewis County, WA Well-Known Member

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    facepalm.jpg

    facepalm.jpg
     
  12. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    Enumerated powers - Wikipedia, the free encyclopedia

    arm yourself with knowledge.. there's more than one way to look silly on an internet gun forum.
     
  13. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    I see something that, perhaps is confusion..

    It is legal for a CHL to be issued to a medical marijuana user. It is STILL ILLEGAL for them to purchase or possess a firearm. CHL is only a little piece of paper in a piece of plastic. Nothing dangerous about that whatsoever.

    That was the only thing that the courts decided on. They never said anything about it being legal to possess a handgun. The piece of paper is a whole different can of worms here.
     
  14. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    e. Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled
    substance


    Coffee and energy drinks are a stimulant. I take 5 medications every day some twice a day if I miss a day I feel effect of withdrawl. These meds are for High Blood Pressure and to ward off Diabeties and to reduce my colesteral.

    Alcohol is a depressant and controlled substance (age and time of day and even who you can buy it from). How many guys have a couple beers EVERY DAY or more? Need I say more?

    Now how many guys here are answering question e honestly?

    If you have a Pot card then in your state your not a unlawful user. And the times I smoked pot I never felt any withdrawl or effects from stopping so how was I addicted?
     
  15. joeroket

    joeroket Everett,Wa. Active Member

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    Key word in the question on the form is UNLAWFUL. Nothing you stated is unlawful, except marijuana use. Energy drinks are lawful, alcohol is lawful, prescription medication is lawful. If you have a marijuana card you are an unlawful user of marijuana as far as the 4473 is concerned. It is a federal form and it is unlawful at the federal level.
     
  16. jordanvraptor

    jordanvraptor Oregon City, Oregon Well-Known Member

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    Sheriff is an elected position...
     
  17. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Police need to understand their place, law enforcement, not law opinion. If it is legal, what they want means nothing as their opinion when contradicting the law means nothing.
     
  18. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Wrong, if you have a "marijuana license" you have a marijuana license, if you can roll up that license, smoke it, and get high please post your experience here.

    To make an analogy, under your example if you have CWP license and walk into an airport (unarmed) you should be be arrested on "unlawful" weapons possession charges simply by possessing the CWP license.
     
  19. Bhowe

    Bhowe Seattle Member

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    There was a guy up here in WA that was running a kind of dispensery out of his house, he also held a CPL and had a reccomendation from a doctor so he could legally do what he was doing. Long story short, some punks decided to try to break and enter his place to rob him. The homeowner saw one of the robbers outside point a shotgun through a window at him and a gunfight insued. I don't think anyone was hit but they ended up taking the guys firearms, and would not return them. Then when he attempted to buy another handgun, he was denied, thus leaving him and his house unprotected.

    The other thing I think is kind of messed up is that they have started this whole DUI for pot. Basically they have a blood test they can do to deturmine if the suspect has ingested within the last 24 hours or so. So even if you are not smoking and driving, or even stoned and driving, but are caught driving with posession, they will haul you in for a blood test and get you for a DUI. They don't even have to prove that is has affected your ability to operate.

    Personally I'd rather drive on the road with 1,000,000 stoners than 1 drunk.
     
  20. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    no... it says "unlawful use of OR addicted to..."

    that "or" might be a littly itty bitty word, but it makes it illegal for you to buy firearms if you drink coffee or use tobacco. was that their intent? no.. but it's the law.