The funny thing is that I have been waiting to receive my OMMP from the State of Oregon before using Cannabis and I have yet to receive my card in the mail; thus my answer to Question #5 on the CHL Application pertaining to “do you use marijuana” was answered accurately with “No” and I’ve also never been convicted of possession or use of any controlled substance.

I was told that “Federal Law prohibits issuance of a CHL to criminals”. I had to pay the $50.00 application fee in order to obtain a written denial of my application. The letter states that [as a holder of a medical marijuana card] I am prohibited by Federal Law from even possessing a firearm” and that “this issue ultimately boils down to a matter of federal preemption; when a federal statute and a state statute conflict, the federal statute prevails.”

In which case, doesn’t the Oregon State issuance of medical marijuana cards already conflict with federal law?

In the United States of America aren’t the citizens considered to be innocent until they are proven guilty? Apparently the Sheriff of Douglas County Oregon (who according to the letter is sworn to uphold the Constitution of the United States) is ignoring this fact, because I have been determined to be guilty and a “criminal” by the mere issuance of a medical marijuana card and by registering as a grower.

166.291 Issuance of concealed handgun license; application; fees; liability –
(6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.

Also, under the same chapter and section:
(L) Has not been convicted of an offense involving controlled substances . . .

I could not find anything that bars some one LEGALLY PRESCRIBED controlled substances, it only states you don’t get one if you have been CONVICTED of an offense involving controlled substances. But, I am not a lawyer.

As far as some one saying that we should try to get Sheriff Rob Gordon out of that position, I have to disagree as I believe he has done a lot of good for Washington County. Not everyone has a perfect understanding of the laws, which is why it is going through an appeals process for them to try to figure this out.

I need to find a lawyer that can either advise me how to get the record expunged by myself or one that will do it for a slightly more reasonable cost.

The sheriff is not to blame it the legislators that passed the law without provision for a grandfather clause that should be taken to task.

It’s disgusting, from all reports the statutes for the CCW law in Oregon were never supposed to change but they are using this 911 mentality to justify it saying that it makes us all “safer”.

The harsh reality is that if someone needed my help I can no longer provide it, nor can I defend myself, so the overall “safety” of my community has been reduced.

I agree that it sucks to have to pay a lawyer to have your record expunged. But, this is probably the cheapest way to get your CHL back. The law states:

” (2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person’s record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to { – (k) – } { + (L) + } of this section.”

If you are not subject to the disabilities in the law, then you are back to a “shall issue” condition. The sheriff must issue the CHL.
You should also do what you can to remove the sheriff from office, and to advocate for the revision of the law. I think that the right to self defense is a fundamental natural right protected by the 9th Amendment of the US Constitution. From this right is derived your right to provide what you consider to be the most effective method of self defense. The government may assert authority to regulate whether you can carry concealed. There may be legitimate reasons for such regulation. Of course, citizens may also have a legitimate reason to carry concealed. But, in any case, if the government prohibits you from carrying concealed, then they must certainly respect your right to carry open. Otherwise, they have compromised your right to provide for your own self defense. This is something that no one should not tolerate.
-ED

Disgusting that I carried legally for 13 years in this state and now a misdemeanor from 22 years in the past has suddenly become an issue.