Oregon Medical Marijuana Gun Permit Case Goes To High Court

The Oregon Supreme Court has agreed to hear the case of a medical marijuana patient who has been denied the right to a concealed handgun permit.  Cynthia Willis is a medical marijuana patient.  In 2008, Cynthia applied for a permit to carry a concealed firearm.  Jackson County Sheriff Mike Winters denied Cynthia her permit by claiming that granting her a permit would violate federal laws prohibiting drug users from possessing firearms.  The Jackson County Circuit Court and the Oregon Court of Appeals ruled against Sheriff Winters.  The American Civil Liberties Union and Oregon Attorney General John Kroger have joined Cynthia in her fight against Sheriff Winters.

Oral arguments are scheduled to be heard on March 3, 2011.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Gearing Up For Big Second Amendment Case Out Of Chicago

On March 2, 2010, the United States Supreme Court is scheduled to hear oral arguments on the important Second Amendment case of McDonald v. City of Chicago.  The Supreme Court will consider whether the Second Amendment individual right to bear arms applies against state and local restrictions on firearms.  In 2007 the Supreme Court decided the landmark case of D.C. v. Heller.  In that case the Supreme Court struck down Washington D.C.'s gun laws on the basis that they violated the Second Amendment.  Chicago's gun laws are similar to Washington D.C.  A lawsuit was filed challenging Chicago's gun laws but the trial court and the Court of Appeals upheld Chicago's gun laws and held that the reasoning in Heller did not apply because Heller dealt with Washington D.C., which is not a state.  In other words, they decided that the Second Amendment does not apply to states.

Yesterday, the Supreme Court granted the NRA time to argue for the Plaintiffs in the case.  It is interesting to note that the Plaintiffs in the McDonald case are represented by Alan Gura, the same attorney who argued the case for the Plaintiffs in Heller.  It is also interesting to note that Gura opposed allowing the NRA to argue on behalf of the Plaintiffs case.  While both Gura and the NRA want the gun ban overturned, they have different arguments in trying to advance the cause.  Gura is advancing a privileges or immunities clause argument for applying the Second Amendment to the states whereas the NRA is arguing a traditional due process clause argument for application of the Second Amendment to the states.  The attorney representing the NRA, Paul Clement, was solicitor general in 2007 and filed a brief in favor of upholding the Washington D.C. gun ban.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

ACLU Suit Challenges Solitary Confinement Units

Yesterday, the American Civil Liberties Union (ACLU) filed a lawsuit against the U.S. government challenging the establishment of isolated cells in federal prisons. The ACLU is alleging that these solitary units were created in violation of federal law. The Administrative Procedure Act requires that before new rules are adopted, the public must be given notice and an opportunity to comment on them. The ACLU is alleging that this law was not complied with before these solitary units were created. These isolation cells within federal prisons were created in response to the terrorism threat. The lawsuit was filed on behalf of Sabri Benkahla who is currently housed in one of these isolation cells in an Indiana prison. Benkahla was kidnapped by Saudi authorities in 2003 a day before his wedding. He was turned over to the FBI and brought to the United States. He was charged in federal court with supporting the Taliban and with violating firearms laws. He was only convicted of perjury in connection with the case and sentenced to 121 months in federal prison.

The ACLU is requesting that the Bureau of Prisons be enjoined from further operation of the solitary units, implement the statutory notice and comment requirements and set visiting hours for the inmates.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.