Filed: May 19, 2011
IN THE SUPREME COURT OF THE STATE OF OREGON
CYNTHIA TOWNSLEY WILLIS,
Petitioner-Respondent,
Respondent on Review,
v.
MICHAEL WINTERS,
in his official capacity as Sheriff of Jackson County,
Respondent-Appellant,
Petitioner on Review.
(CC 07-2755-Z7; CA A139875; SC S058645 (Control))
PAUL SANSONE,
Plaintiff-Respondent,
Respondent on Review,
v.
ROB GORDON,
in his official capacity as the Sheriff of Washington County,
Respondent-Appellant,
Petitioner on Review.
STEVEN SCHWERDT,
Plaintiff-Respondent,
Respondent on Review,
v.
ROB GORDON,
in his official capacity as the Sheriff of Washington County,
Respondent-Appellant,
Petitioner on Review.
LEE WALLICK,
Plaintiff-Respondent,
Respondent on Review,
v.
ROB GORDON,
in his official capacity as the Sheriff of Washington County,
Respondent-Appellant,
Petitioner on Review.
(CC C073809CV, C0073810CV, C073811CV; CA A139802; SC S058642)
En Banc
On review from the Court of Appeals.*
Argued and submitted March 3, 2011.
Elmer M. Dickens, Senior Assistant County Counsel, Washington County Counsel, Office of County Counsel, Hillsboro, argued the cause and filed the briefs for petitioner on review Robert Gordon, Sheriff of Washington County.
James R. Kirchoff, Jackson County Counsel, Medford, argued the cause for petitioner on review Michael Winters. With him on the brief was G. Frank Hammond.
Leland R. Berger, Portland, argued the cause for respondents on review Cynthia Townsley Willis, Paul Sansone, Steven Schwerdt, and Lee Wallick. With him on the brief was John C. Lucy.
Denise G. Fjordbeck, Attorney-in-Charge Civil/Administrative Appeals, Salem, filed a brief on behalf of amicus curiae State of Oregon. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.
Margaret H. Leek Leiberan, Jensen & Leiberan, Beaverton, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.
DE MUNIZ, C. J.
The decisions of the Court of Appeals are affirmed. The judgments of the circuit courts are affirmed.
*Appeal from Jackson County Circuit Court, Mark S. Schiveley, Judge. 235 Or App 615, 234 P3d 141 (2010).
Appeal from Washington County Circuit Court, Steven L. Price, Judge. 235 Or App 695, 234 P3d 150 (2010).
DE MUNIZ, C. J.
In these consolidated cases, the sheriffs of Jackson and Washington counties withheld concealed handgun licenses from persons who met all of the statutory conditions for issuance of such licenses, but who admitted to regular use of medical marijuana pursuant to registry identification cards issued under the Oregon Medical Marijuana Act, ORS 475.300 to 475.346. When the sheriffs' actions were challenged in court, the sheriffs responded that, to the extent that Oregon's concealed handgun licensing scheme does not concern itself with the applicants' use of medical marijuana, it is preempted by a federal prohibition on the possession of firearms by persons who, under federal law, are "unlawful user[s] * * * of a[] controlled substance." 18 USC