WINTERS' DISCONTENT

Once Again, The Sheriff Is Appealing A Court Ruling Unlikely To Be Overturned

Jackson County Sheriff Mike Winters apparently has not yet learned
that his role is to enforce the law as it is, not as he would like it to be.

Winters is appealing an Oregon Court of Appeals ruling saying he
cannot deny a concealed handgun license to a medical marijuana
cardholder. Winters is not alone in his belief that issuing the
license would violate federal drug law. Washington County Sheriff Rob
Gordon, who denied two concealed carry permits on the same grounds,
also has appealed the ruling.

But Winters is not appealing a separate ruling ordering him to
release the names of concealed handgun license holders because the
information is public record under state law. The sheriff would not
say why he made that decision, referring questions to Frank Hammond,
Jackson County counsel.

Hammond said attorney-client privilege barred him from discussing the
reasons for the decision, so we are forced to speculate. It is more
than likely Hammond advised Winters he had no chance of succeeding,
because state law on the matter is clear.

In the case now on appeal, Winters may have a slightly stronger
argument, but only slightly. That's because the issue this time is a
potential conflict between federal and state law.

The federal Gun Control Act of 1968 makes it illegal for an illegal
drug user -- the statute specifically mentions marijuana -- to
possess a firearm. But Oregon state law, enacted by voter initiative,
allows Oregonians to use marijuana to treat specified medical symptoms.

The federal law allows states to set their own rules for gun
ownership. And the U.S. Justice Department has said it will not seek
to prosecute medical marijuana users in states where the law allows such use.

Like the medical marijuana law or hate it, it remains the law. And
police officers, including county sheriffs, are sworn to uphold it.
That doesn't mean they have to like it, and many clearly do not.

It's hard not to see Winters' and Gordon's denial of concealed
handgun licenses as their way of expressing opposition to the idea of
legal marijuana use. But that's not their call.

In Oregon, marijuana is legal when used as a medicine by those
qualified to do so. That makes it no different under the law than
prescription painkillers such as Vicodin or OxyContin, both of which
are sold on the black market and used illegally.

Unless the sheriff intends to deny a concealed handgun permit to a
person holding a valid prescription for Vicodin, it's hard to see why
a medical marijuana cardholder should be treated differently.

Winters' appeal of the public records case wound up costing Jackson
County taxpayers at least $20,000 in legal fees.

If Winters wants to deny concealed handgun licenses to marijuana
cardholders, he should ask the Legislature to give him the power to
do it. He still might not succeed, but at least it would be cheaper.