WILLIS v. WINTERS

072755Z7; A139875.

234 P.3d 141 (2010)

235 Or. App. 615

Cynthia Townsley WILLIS, Petitioner-Respondent, v. Michael WINTERS, in his official capacity as Sheriff of Jackson County, Respondent-Appellant.

Court of Appeals of Oregon.

Decided June 16, 2010.


Attorney(s) appearing for the Case

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

John C. Lucy, IV, and Leland R. Berger, Portland, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


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...

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