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« Puerto Rican case recognized right to carry arms | Main | Waiting for the end of the world »

Oregon: medicinal marihuana users can receive CCW permit

Posted by David Hardy · 20 May 2011 08:56 AM

Pdf opinion here. The problem is that medicinal marihuana use may be legal under State law, but it's still forbidden by Federal law, and GCA 68 bans firearm possession by illegal users of marihuana. The court holds that the Federal restriction does not override the Oregon statutory scheme. Note that this means that the Oregon permits are not now valid as an alternative to the Federal background check, as the court notes.

· prohibitted persons

5 Comments | Leave a comment

Kristopher | May 20, 2011 11:54 AM | Reply

They may be able to get a state CCW permit, but they may not be able to fill out the federal 4473 without checking yes on the unlawful drug user box.

Then again, a 4473 cannot be used as evidence, since you are required to fill it out correctly to avoid going to jail.

David McCleary | May 20, 2011 4:04 PM | Reply

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

from a federal stand point this must be answered yes--it is a federal form so even though lawful from a state point of view it is still unlawful federally

I do not like the result but I believe that is the result.

Simple amswer follow the constitution and get the feds out of the war on drugs--

Jeff | May 21, 2011 3:10 PM | Reply

Well, this is a surprising re-asseration of state sovereignity. Nice.

Jeff | May 21, 2011 3:11 PM | Reply

Please make that re-assertion!

Matt | May 27, 2011 10:44 AM | Reply

Being an Oregon permit holder I can say that this doesn't change purchasing procedures. Dealers always do the background check here.

Where this really hurts us is in reciprocity. Several Legislators were trying to work out agreements with Idaho and, I believe, Washington. This decision has effectively killed any chances of that agreement happening.

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