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Oregon Supreme Court rules medical pot users can have guns

Discussion in 'Legal & Political Archive' started by bugeye, May 19, 2011.

  1. bugeye

    bugeye Oregon Well-Known Member

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    Oregon Supreme Court rules medical pot users can have guns | Statesman Journal | statesmanjournal.com

    "GRANTS PASS, Ore. (AP) - The Oregon Supreme Court unanimously ruled Thursday that retired bus driver Cynthia Willis can have her medical marijuana and a concealed handgun, too.


    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.
    Willis welcomed the ruling.
    "

    What an amazing decision, what are they going to say when someone high on pot gets violently angry, grabs their gun, and then freezes while laughing at the pattern in the rug for ten minutes!
     
  2. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Now that is some common sense for a change. One right should not take away another right.
     
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  3. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    Buried in the fine print of this ruling...there's a bunch of caveats. So don't start rolling 'em and lighting up just yet...


    Oregon ‘high’ court: Medical pot users can have CCW permits

    The Oregon Supreme Court today ruled unanimously that people who use medical marijuana cannot be denied concealed weapons permits, noting that there is nothing in the 1968 federal gun control act that specifically preempts a state’s concealed carry licensing statute.

    However....



    Oregon
     
  4. bugeye

    bugeye Oregon Well-Known Member

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    Pesky legal details... we should just legalize pot, this is twenty years late and long overdue!

    Maybe Obama will do it, after all he needs the pothead... no that won't work cause they don't vote.
     
    tlfreek and (deleted member) like this.
  5. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I think you missed a key detail in your opinion in that article, possessing a MMJ document doesn't in itself prove drug use/abuse since possession of the document never got anyone high.
     
  6. joeroket

    joeroket Everett,Wa. Active Member

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    But it would be prema facie evidence that you are an unlawful drug user. Would it not?
     
  7. shawge

    shawge Portland New Member

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    No, it would not. Similar to having a CHL does not prove you own a handgun.
     
  8. bugeye

    bugeye Oregon Well-Known Member

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    If you have a right to medical use then it isn't an illegal drug for you, just like any prescription med.
     
  9. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    Yes and no.
     
  10. ta2er

    ta2er Oregon Member

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    I'd rather see a CHL in the hands of a smoker than a drunk, anyday. You ever see anyone get "violently angry" after smoking a joint?? Happens all the time when whiskey's involved....perfectly legal...
     
  11. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    I take it you haven't been around a lot of pot smokers "violently angry" doesn't describe anyone I have ever known while they were smoking pot.

    3 Beers try to bust up the bar on a Saturday night sure but pot never
     
  12. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    And the real question I would pose is this, when one is granted a right to do something legally, why should another right be taken away?
     
  13. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    Because our government is convoluted and contradictory.

    Medical marijuana is legal in Oregon, but not in the U.S.A.
     
  14. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    Yes, but this is an Oregon law, on both accounts.
     
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  15. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    Yes, which contradicts federal law.
    Under federal law, users of marijuana are generally barred from possessing guns.
     
  16. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    1st of all, I'm not a user. That said, this as we all know is a VERY different state. The "State of shock and disrepair" if you know what I mean. The Oregon supreme court has passed down a ruling on this, and it's now the way it is. Personally, I trust no one around me with a firearm that is either loaded or drunk, both have the possibility of a bad outcome. I have friends that drink, and some that smoke, some that do both. I feel that given their freedom to choose, which is as it should be as this is the United states of America, I have to ask myself this question,, while I may not choose to make the choice that they have, do I have the right to impose my choice upon them, and this includes the right to arms? Were probably on the same page when it comes to freedoms my friend.
     
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  17. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    No it would not. I have enough medical conditions that I could easily qualify for a MMJ license but I don't smoke weed and won't smoke weed, if I was to get a license would that mean I smoke weed?
     
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  18. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    You are correct. The state of Oregon says you are legal the Federal government says you are illegal.
     
  19. Z-PDX

    Z-PDX Clack Member

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    Can't get worked up one way or the other.

    After years as an LEO, I have never had a dope smoker try to kill me, kick me, spit on me, swing at me or threaten my family.

    Drunk people on the other hand....

    - Z
     
  20. ta2er

    ta2er Oregon Member

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    I've heard the same sentiment from many LEO's. Seems silly that we continue to outlaw a safer, less intoxicating substance than alcohol, tobacco, or painkillers. Heard of any pot overdoses lately?