Reading an Oregon case where a judge ruled a mj patient can posses a firearm and obtain a concealed weapon after the sheriff denied a patients concealed weapon application. This could set a precedent if a California law enforcement agency attempted to deny a person right to posses a firearm or obtain a ccw based on being an mj patient.

Snip it of the case below

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FILED: June 16, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

CYNTHIA TOWNSLEY WILLIS,

Petitioner-Respondent,

v.

MICHAEL WINTERS,
in his official capacity as Sheriff of Jackson County,

Respondent-Appellant.

Jackson County Circuit Court
072755Z7
A139875

Mark S. Schiveley, Judge.

Argued and submitted on November 04, 2009.

Elmer M. Dickens, Jr., argued the cause for appellant. On the briefs were Benjamin M. Bloom, and Hornecker, Cowling, Hassen & Heysell, L.L.P.

Leland R. Berger argued the cause for respondent. With him on the brief was John C. Lucy, IV.

Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.*

WOLLHEIM, P. J.

Affirmed.

*Brewer, C. J., vice Edmonds, P. J.

WOLLHEIM, P. J.

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 Oregon's 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.(1) The circuit court rejected the sheriff's preemption argument and ordered him to issue a renewal of petitioner's concealed handgun license. We agree with the circuit court's conclusion that federal law does not preempt this state's concealed handgun licensing statutes, and we therefore affirm.

The relevant facts are few and undisputed. In May 2007, petitioner applied to renew her expired concealed handgun license. The criteria for renewal of a concealed handgun license are, with the exception of submitting fingerprints and character references, the same as those for issuance of the license in the first instance under ORS 166.291. ORS 166.295(1)(a) ("A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references."). ORS 166.291, in turn, provides that the sheriff of a county, "upon a person's application for an Oregon concealed handgun license, [and] upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license" if the person meets certain enumerated criteria.(2) (Emphasis added.)