Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Supreme Court denies appeal on CHL-for-medical-marijuana case.

Discussion in 'Legal & Political Archive' started by CharonPDX, Jan 11, 2012.

  1. CharonPDX

    CharonPDX Portland, OR Active Member

    Messages:
    523
    Likes Received:
    214
    Redcap, Pogue_Mahone, rur862 and 3 others like this.
  2. VW_Factor

    VW_Factor Woodburn Oregon Active Member

    Messages:
    649
    Likes Received:
    101
    I think it wasn't before, not until the appeal went through and was reversed.
     
  3. dmancornell

    dmancornell Portland, OR New Member

    Messages:
    2,225
    Likes Received:
    1,589
    Good, now the state can dock the legal fees from that jackass sheriff's pension.
     
  4. rufus

    rufus State of Jefferson Well-Known Member

    Messages:
    1,585
    Likes Received:
    930
    [video=youtube;mv1yQ-UuNpA]http://www.youtube.com/watch?v=mv1yQ-UuNpA[/video]
     
  5. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

    Messages:
    3,792
    Likes Received:
    597
    Good. While I see the whole medical marijuana thing as being greatly abused in OR, I don't see why someone who can pass every other aspect of the background check performed for a CHL should be denied one. I have a prescription for Oxycodone for pain from my recent reconstructive surgery, a drug that is arguable far more powerful than marijuana. Should that then be grounds for me to lose my CHL? I think not.
     
    Suge206, jkent26, Kevatc and 21 others like this.
  6. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    I am all for the legal use of marijuana. Having some experience with chemotherapy, I have witnessed first hand the benefits of it.

    It still remains a federal crime and until the FDA, DOJ and the supremes get their act together (i.e. congress), I have one question; why would anyone knowingly put their name on a list where they admit to committing a federal crime?

    Seriously, marijuana should be dropped from schedule one without delay...but it won't, too much money being made off it.
     
    dehamma, Reindeer, Suge206 and 5 others like this.
  7. Gunner3456

    Gunner3456 Salem Well-Known Member

    Messages:
    5,109
    Likes Received:
    834
    Well, the Feds aren't about to do another Prohibition with alcohol. They make too many tax dollars on it. Regardless of my opinion of pot smoking, the states and the Feds could make a lot of tax revenue if they'd license it like they do liquor. They wouldn't have the extreme costs of enforcing the laws and imprisonment either.

    Winters got his butt kicked again at taxpayer expense. I guess we all got our butts kicked financially. I don't know why he is as he is. A lot of people already know I had to point my lawyer at him and it took me 13 months to get my CHL back and it never should have been taken in the first place, by law.

    Then, in what felt like spite, I was required to start all over with the classes, references, etc., as if I never had it. Not only that, but the whole while, I was in the middle of the 4 years I had already paid for. Absolutely no right to take it, keep it, or make it hard to get back.

    I have it now, :thumbup: and I suspect every LEO around is afraid to mess with me because I'd accuse them of revenge, and I'd believe it.
     
    rur862, Atroxus, Redcap and 3 others like this.
  8. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    That case had no standing, I would get more surprised if it got accepted. Otherwise SCOTUS denies cert to majority of cases. In fact two good carry cases were denied cert this year.
     
  9. doubletap007

    doubletap007 Beaverton Active Member

    Messages:
    570
    Likes Received:
    245
    I dont want to see pot legalized by no means.We have enough lazy welfare recipients already,thats not to say there are not hard working people who smoke it and thats fine with me I wont judge a guy for doing what he needs to stay grounded,I did it too when I was a kid.But to open the door to everyone on my jobsites and working around machinery stoned I dont see how it's a good idea.
    However I am glad they didn't impose this on the people who use legally since it is still their right to bear arms if they have not committed a crime.
     
  10. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    Do you have a lot of drunk people working with you ? Alcohol is legal, but does that mean one is allowed to get drunk and drive ? Sure it happens all the time, but nobody says it's okay.

    Second thing to point out - one may have a valid CHL while being a pot user, but per federal law such person is not allowed to possess a firearm. Well, to be more accurate one can't buy from an FFL, and one can't be in possession of a firearm while committing a crime (pot = federal misdemeanor).
     
    Grunwald and (deleted member) like this.
  11. Malibu38368

    Malibu38368 Unincorporated WA Co. Member

    Messages:
    36
    Likes Received:
    2
    As fd15k suggested, and as pretty much every story I've read on this has gotten wrong, the Supreme Court did not uphold anything; they merely denied certiorari, which is what happens to the vast majority of all cases appealed to the US Supreme Court. I concur that neither party had standing. I'm frankly surprised that Winters even filed for cert in the first place.
     
  12. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

    Messages:
    543
    Likes Received:
    289
    Just having a medical MJ card does not mean you are using, possessing, or admitting to using or possessing. It just means that under state law you are allowed to use or possess.

    So I don't see how anyone can make the case that ALL people who own a MJ card are in violation of the drug possession and use exceptions for gun laws.
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    The biggest question right now is whether the feds will go after the MJ lady, using her card for getting a search warrant.
     
  14. Gunner3456

    Gunner3456 Salem Well-Known Member

    Messages:
    5,109
    Likes Received:
    834
    You're right of course. Bottom line is that Winters lost the case.
     
  15. Gunner3456

    Gunner3456 Salem Well-Known Member

    Messages:
    5,109
    Likes Received:
    834
    LOL... :)
     
  16. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

    Messages:
    562
    Likes Received:
    338
    it will be interesting to see what the total bill for all 4 cases that the Sheriff has racked up on "our" behalf.
     
  17. Gunner3456

    Gunner3456 Salem Well-Known Member

    Messages:
    5,109
    Likes Received:
    834
    We'll never know. Although a local law firm was hired, a lot of the work was done by county employed counsel. I read a number "so far" just before the appeal, and based on my experience I thought it was way low. I don't remember what it was.
     
  18. U201494

    U201494 Well-Known Member

    Messages:
    812
    Likes Received:
    492
    Correct. This is about a Concealed Handgun License and not about who can and who can not own a gun.
    This person qualifies under the current rules to be issued a CHL - that's it.
     
    jkent26 and (deleted member) like this.
  19. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

    Messages:
    6,838
    Likes Received:
    1,186
    News flash:

    You already have potheads on your Jobsites and legalizing it won't change a thing except save you some tax money.

    I just can't understand why people think alcohol is AOK but pot is so damn harmful and why you want your rights to own a gun but want to take someone else's right to light up a joint.

    My thoughts are the thoughts of a non smoker who supports legalization.
     
  20. rufus

    rufus State of Jefferson Well-Known Member

    Messages:
    1,585
    Likes Received:
    930
    To those miffed at Winters, try placing the taxpayer $ wasted blame where it belongs - the conflicting laws involved. This is the only problem I have with Med MJ. The Fed/State laws are screwed-up jokes. It can't be okay here but not there, and what law trumps the other? The sheriff is stuck in the middle and, IMO, is only trying to do the right thing. The laws need fixing, and it sounds to me like the Feds are once again asleep at the wheel.