Willis v. Winters

by
The Sheriffs of Jackson and Washington Counties withheld concealed handgun licenses from persons who met all of the statutory conditions for the issuance of such licenses, but admitted to being regular users of medical marijuana. When the sheriffsâ actions were challenged in court, the sheriffs responded that the stateâs handgun licensing scheme does not take medical marijuana use into consideration. The reason why the sheriffs denied the handgun licenses was because the state law is preempted by the federal prohibition on the possession of firearms by persons who are âunlawful users of controlled substances.â Both the trial and appellate courts rejected the preemption argument, and held that the concealed handgun licenses were wrongfully withheld. The sheriffs appealed. The Supreme Court held that the Federal Gun Control Act did not preempt the stateâs concealed handgun licensing statute, and accordingly, the Court ordered the sheriffs issue or renew the requested licenses.