Holding and Packing in Oregon

An Oregon judge has ordered Washington County Sheriff Rob Gordon to return the concealed carry permit he took away from Beaverton resident Steven Schwerdt after learning that Schwerdt is a medical marijuana user. Schwerdt's consumption of cannabis is allowed by state law, and he's got the state-issued medical marijuana card to prove it. But Gordon concluded that he was a habitual drug user, barred from possessing guns by the federal Gun Control Act of 1968. Washington County Circuit Judge Marco Hernandez said he wasn't convinced Schwerdt had violated the act. In any case, he said, state law does not authorize county sheriffs to deny or revoke carry permits based on such violations. Schwerdt is one of four patients whose permits Gordon has rescinded because of their medical marijuana use.

[Thanks to NORML's Allen St. Pierre for the tip.]

Comments

[Hakluyt]

There is a great case out of Oregon dealing with the arms right that concerns a club. They found that the arms right encompassed such weapons. They also found that it also included pikes. I'd like to go back to Oregon, fashion a pike, and walk about Portland just for fun. If a cop tries to arrest me I'll just hand them a copy of the Oregon decision (properly highlighted of course).

[Warren]

more and more, I'm thinking it's the cops that should have to get gun permits.

[Ed]

So is Schwerdt less or more likely now to have his door smashed in at 4 in the morning by county ninjas?

[scape]

"It's hard to put into words how it makes me feel, but it gives me a little sense of calmness," Schwerdt said.

Is he talking about the marijuana or the gun?

[David]

If a cop tries to arrest me I'll just hand them a copy of the Oregon decision (properly highlighted of course).

That might be risky, Hakluyt. Being right is of little comfort when a pike is shoved up your ass.

[Mike]

I sure hope this doesn't get appealed all the way up. I have nightmares thinking about what SCOTUS would do with a case like this...

[Hakluyt]

David,

Sometimes life is about taking risks and having fun. You can stay on your couch I guess.

[Number 6]

Well, the couch is a good place to smoke a doob and clean your weapons.

[Brian Courts]

I'd like to go back to Oregon, fashion a pike, and walk about Portland just for fun.

I was looking for something to do up there this weekend. 🙂

[Hakluyt]

Number 6,

Someday you have to get off the couch though.

Brian Courts,

Ha! You could use it against the mounted or the bike cops (if they still have them) if you go with friends. (If the FBI is looking in, note that I am just joking.) 🙂

[Brian Courts]

Speaking of medical marijuana, did anyone see the link over at The Agitator to this story about the Feds raiding those clinics in California? The first paragraph really says it all:

SAN DIEGO - Federal drug agents fanned out across San Diego on Monday, clamping down on medical marijuana dispensaries that had been doling out marijuana to sick and dying patients.

Actually, Radley Balko's take on it says it even more succinctly, "What a truly fucked-up sense of priorities held by this administration."

[Brian Courts]

Ha! You could use it against the mounted or the bike cops (if they still have them) if you go with friends. (If the FBI is looking in, note that I am just joking.) 🙂

They still have bike cops, not sure about mounted... don't recall seeing any but then I usually try to ignore the police as much as possible. One time I did get hassled by a bike cop because I was rollerblading through downtown. Guy looked like he was barely out of HS and was going to impress his older partner by talking to me like I was some little skate punk or something. "You will respect my authoritah!!!"

Anyway you might want to get me a citation to that case before I attempt anything like that 😉

[Hakluyt]

Brian Courts,

I'll have to hunt around for the citation.

[MP]

I didn't RTFA, but it doesn't appear as if there is anything stopping the ATF from revoking the permit.

[VM]

But, Hak! even if you're joking, you could still get kicked out of school and lose out on that superior socialization. 🙂

[Isaac Bartram]

I didn't RTFA, but it doesn't appear as if there is anything stopping the ATF from revoking the permit.

I believe he would have to be charged by the feds as a person barred from possessing firearms. I'm not exactly sure how that works, but it's a fairly serious charge IIRC.

[Isaac Bartram]

But the permit is issued by the state and has nothing to do with the GCA.

[mediageek]

"But the permit is issued by the state and has nothing to do with the GCA."

Yes, but when you purchase a firearm, you are required to fill out a federalForm

(Link goes to BATFE website. Don't copy and paste if you're worried about them stomping your pets to death or burning your house down.)

4473http://www.atf.gov/forms/4473/index.htm

One of the questions that the buyer is required to answer is "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance?"

Answering "Yes" automatically disallows you the ability to buy a gun. Now, whether Schwerdt is an unlawful user of marijuana, or an addict is really in the eye of the beholder.

If it is ruled that he is, then he can (presumably) be charged with violating the GCA of 1968.

[mediageek]

Sorry, link should be:

http://www.atf.gov/forms/4473/index.htm

[thoreau]

This is, by far, the coolest judge ever.

[citizengnat]

Yeah, Marco Hernandez for Supreme Court Justice!
(Please note I know nothing else about him)

[thoreau]

citizengnat-

I'm with you. In a single ruling, this judge demonstrated that he:

1) Respects the right to keep and bear arms.
2) Realizes that marijuana users are not automatically devoid of any rights or protections.
3) Realizes that #2 remains true no matter what Congress says, since Congress cannot arbitrarily pre-empt state law on whatever whim they like.

Yep, this guy belongs on the Supreme Court.

Maybe if the Senate receives a petition signed by self-described potheads with guns, they'll take it into consideration.

I mean, what could be a higher priority for them than sending a message in favor of that constituency? 🙂

[citizengnat]

I've often thought that if potheads and gun nuts united to vote ONLY on those two issues they would be the most powerful force in D.C. The Leauge of Armed Cannabis Consuming Voters. Hell Yeah.

[citizengnat]

I invite a re-naming if someone can come up with a good acronym.

[Thomas Paine's Goiter]

There is a great case out of Oregon dealing with the arms right that concerns a club. They found that the arms right encompassed such weapons. They also found that it also included pikes. I'd like to go back to Oregon, fashion a pike, and walk about Portland just for fun. If a cop tries to arrest me I'll just hand them a copy of the Oregon decision (properly highlighted of course).

Gary - let us know when you end up getting the pike removed by the surgeons.

[Tobin]

Good to see an overzealous sherrif put in his place!

[Hakluyt]

Thomas Paine's Goiter,

After I win a huge suit against PDX.

[joe]

Damn, this story's got libertoid written all over it.

Is the guy building a house out beyond the UGB?

Anyway, good job judge.

[Dar]

Only people with paid monthly med scripts and those poor souls suffering from the uncontrollable disease of alcoholism should be allowed to maintain their concealed carry permits. Otherwise the terrorist will have won.

[Not Me]

I invite a re-naming if someone can come up with a good acronym.

The PAC for Hemp Legalization and Esured Gun-control Mitigation.

(I have a cold.)

[JD]

mediageek - Ah, but the 4473 says "are you an UNLAWFUL user of..." Seems to me that Schwerdt has a pretty good case that he's a lawful user. "Addict"...that's a toughie. I mean, there's no hard and fast line for "addict", anyway.

[NativeNY]

"I invite a re-naming if someone can come up with a good acronym."

The Packing Pothead Party?

[Larry A]

They should all carry a High Standard.