Medicinal pot prescriptions and CCW permitting
Winters v. Willis pending on petition for cert. in the US Supreme Court.
The sheriff refused to issue a "shall issue" CCW license to person who holds medicinal pot prescription, claiming federal law (which forbids users of marihuana to possess firearms) prevents its issuance. State law may require him to issue (the State law has several prohibited person categories, but none relating to this), but Federal law pre-empts the issue. [Yes, it presents the anomaly of a State official actually arguing for more Federal control over him. I don't know if pot use does strange things to a person's mind, but the pot issue certainly seems to do it].
The Oregon Supreme Court holds that the Gun Control Act provision does not pre-empt the State CCW law.
Deeply shocked that Federal law is not restricting his official conduct, the sheriff petitions the U.S. Supreme Court for certiorari.
The Respondent waives her right to file an opposition (commonly done when odds of a grant seem very law--why spend a thousand or two on printing costs?[ , but last week the Court ordered her to respond. That a sign it is at least thinking seriously about taking the case.
I can't see the pre-emption, since you can have a marihuana prescription without actually using it, and a CCW permit without possessing a firearm. I'd think the minimum requirement for a conflict would be that the Federal law forbids firearm sales to anyone with a prescription, whether they use it or not.
UPDATE: a reader emails, and the spam filter blocked for some reason, the following comment:
I have no dog in this fight, but I find it even more interesting that the ATF's letter to FFLs indicating
that medicinal user also places the purchaser in the category of unlawful user.
looks like a serious issue between the states and the feds here brewing.