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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Our View: Coping with Southern Oregon's changing climate ... Wyden, Merkley vow to reduce student debt ... Talent man faces new sex abuse charges ... Our View: Coping with Southern Oregon's changing climate ... Wyden, Merkley vow to reduce student debt ... Talent man faces new sex abuse charges ... Opposition to Winters' gun appeal gains steam A team of legal experts from around the country has joined forces to contest a U.S. Supreme Court challenge by Jackson County Sheriff Mike Winters that seeks to block medical marijuana patients from receiving concealed handgun licenses. Comment By DAMIAN MANN MailTribune.com By DAMIAN MANN Posted Dec. 2, 2011 at 12:01 AM Updated Dec 2, 2011 at 2:00 AM By DAMIAN MANN Posted Dec. 2, 2011 at 12:01 AM Updated Dec 2, 2011 at 2:00 AM » RELATED CONTENT • Supreme Court refuses to hear gun-pot case • Supreme Court won't hear case on concealed gun permit for medical marijuana user... » Social News A team of legal experts from around the country has joined forces to contest a U.S. Supreme Court challenge by Jackson County Sheriff Mike Winters that seeks to block medical marijuana patients from receiving concealed handgun licenses. The lawyers assert the federal government has no authority over a state statute regarding concealed handgun licenses. Carrying a concealed weapon without a license is only a misdemeanor in Oregon. In addition, the lawyers from Portland, Washington, D.C., New York and Virginia wade into state versus federal rights issues, asserting the federal government cannot commandeer the activities of local governments. One of the lawyers is Leland Berger of Portland, who has taken on other cases involving medical marijuana issues. Among those joining him is David Goldberg of New York, who also has handled marijuana-related legal challenges. The case involving Sheriff Mike Winters v. Cynthia Willis of Gold Hill has met with some interest by the high court. Winters denied Willis a concealed handgun license in 2008 on the grounds that she uses medical marijuana, which is considered a controlled substance by the federal government. The sheriff argued that he couldn't give the license to Willis because that would violate the Gun Control Act of 1968. Winters has lost every court case so far, including one before the Oregon Supreme Court. Winters appealed to the U.S. Supreme Court in July. The sheriff has provided concealed handgun licenses to Willis and other medical marijuana patients as a result of those court rulings. A similar case from Washington County also is being considered by the Supreme Court. The Supreme Court is expected to decide in January whether it will put the case on its formal docket. Of the 10,000 cases sent to the Supreme Court in a given year, only about 200 prompt a ruling. In an email, Ryan Kirchoff, attorney for Jackson County, stated the team of attorneys presented their arguments clearly and in good faith, but he said they didn't undermine the county's central argument that Oregon has preempted federal law. Kirchoff stated he refuted the legal argument that the federal government would commandeer state's rights if it struck down the Oregon statute regarding the concealed handgun license. The lawyers for Willis argue that Alaska, Arizona, Vermont and Wyoming don't even require a permit to conceal a weapon. "Under petitioners' preemption theory, those regimes pose at least as much of an 'obstacle' to Congress's purpose as Oregon's does," the brief states. Under Oregon statute, medical marijuana patients should be given a concealed weapons permit if they are otherwise law-abiding citizens, the lawyers state. Winters went beyond the requirements of the state statute by asking concealed handgun permit applicants whether they had ever used medical marijuana, the lawyers noted. Reach reporter Damian Mann at 541-776-4476, or email [email protected]. By DAMIAN MANN MailTribune.com By DAMIAN MANN Posted Dec. 2, 2011 at 12:01 AM Updated Dec 2, 2011 at 2:00 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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