Opposition to Winters’ gun appeal gains steam

December 2nd, 2011 by admin Leave a reply »

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A team of legal experts from around the country has joined forces to contest a U.S. Supreme Court challenge by Jackson County Sheriff Mike Winters that seeks to block medical marijuana patients from receiving concealed handgun licenses.

The lawyers assert the federal government has no authority over a state statute regarding concealed handgun licenses. Carrying a concealed weapon without a license is only a misdemeanor in Oregon.

In addition, the lawyers from Portland, Washington, D.C., New York and Virginia wade into state versus federal rights issues, asserting the federal government cannot commandeer the activities of local governments.

One of the lawyers is Leland Berger of Portland, who has taken on other cases involving medical marijuana issues. Among those joining him is David Goldberg of New York, who also has handled marijuana-related legal challenges.

The case involving Sheriff Mike Winters v. Cynthia Willis of Gold Hill has met with some interest by the high court.

Winters denied Willis a concealed handgun license in 2008 on the grounds that she uses medical marijuana, which is considered a controlled substance by the federal government.

The sheriff argued that he couldn’t give the license to Willis because that would violate the Gun Control Act of 1968. Winters has lost every court case so far, including one before the Oregon Supreme Court.

Winters appealed to the U.S. Supreme Court in July.

The sheriff has provided concealed handgun licenses

Article source: http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20111202/NEWS/112020325/-1/NEWSMAP