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The court noted that Oregon’s permit law provides a license to conceal a weapon, an action that would be illegal without the permit.

Likewise, the Oregon Medical Marijuana Act allows someone to do something that would otherwise be illegal in Oregon, the court found.

A brief filed with the Supreme Court by Attorney General Kroger stated, “There is no basis to believe that possession of a concealed handgun license will result in a violation of federal firearms laws.”

The ACLU argues that 39 states have their own laws regulating the permitting of firearms.

According to the ACLU reading of Oregon Revised Statute 166.29, the sheriff is compelled to issue the concealed handgun license to Willis because she complied with all the requirements of the statute.

“The sheriff wants this court’s authorization for him to go beyond the statutory requirements and make his own determination as to whether the person is qualified under federal law to own a handgun,” the ACLU wrote.

Neither Willis nor Winters returned phone calls requesting comment on the case.


Information from: Mail Tribune,