(DOWNLOAD) "Willis v. Winters" by The Texas Court of Criminal Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Willis v. Winters
- Author : The Texas Court of Criminal Appeals
- Release Date : January 16, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Respondent, the Jackson County Sheriff, appeals a judgment of the circuit court that ordered him to renew a concealed handgun license issued to petitioner, a medical marijuana user. The sheriff concedes that petitioner met the requirements for issuance of a concealed handgun license set forth in ORS 166.291. He nevertheless asserts that Oregons concealed handgun licensing statutes are preempted by federal law in this instance, because "an unlawful user * * * of any controlled substance" cannot lawfully possess a firearm under 18 USC section 922(g) of the federal Gun Control Act. The circuit court rejected the sheriffs preemption argument and ordered him to issue a renewal of petitioners concealed handgun license. We agree with the circuit courts conclusion that federal law does not preempt this states concealed handgun licensing statutes, and we therefore affirm.