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THE DAILY ASTORIAN • THURSDAY, SEPTEMBER 1, 2016
Appeals court upholds
ban on gun sales to
marijuana card holders
Ruling applies
in Oregon and
Washington state
By SUDHIN
THANAWALA
Associated Press
SAN FRANCISCO — A
federal government ban on the
sale of guns to medical mari-
juana card holders does not
violate the Second Amend-
ment, a federal appeals court
said Wednesday.
The ruling by the 9th U.S.
Circuit Court of Appeals
applies to the nine Western
states that fall under the court’s
jurisdiction, including Cali-
fornia, Washington state and
Oregon.
It came in a lawsuit iled by
S. Rowan Wilson, a Nevada
woman who said she tried to
buy a irearm for self-defense
in 2011 after obtaining a med-
ical marijuana card. The gun
store refused, citing the federal
rule banning the sale of ire-
arms to illegal drug users.
Marijuana remains ille-
gal under federal law, and the
federal Bureau of Alcohol,
Tobacco, Firearms and Explo-
sives has told gun sellers they
can assume a person with a
medical marijuana card uses
the drug.
The 9th Circuit in its 3-0
decision said Congress reason-
ably concluded that marijuana
and other drug use “raises the
risk of irrational or unpredict-
able behavior with which gun
use should not be associated.”
The court also concluded
that it’s reasonable for federal
regulators to assume a medi-
cal marijuana card holder was
more likely to use the drug.
Wilson’s attorney, Chaz
Rainey, said there needs to be
more consistency in the appli-
cation of the Second Amend-
ment. He planned to appeal.
“We live in a world where
having a medical marijuana
card is enough to say you don’t
get a gun, but if you’re on the
no ly list your constitutional
right is still protected,” he said.
The 9th Circuit also rejected
other constitutional challenges
to the ban that were raised by
Wilson, including her argu-
ment that her gun rights were
being stripped without due
process.
Paul Armentano, deputy
director of the National Orga-
nization for the Reform of
Marijuana Laws, said the idea
that marijuana users were more
prone to violence is a fallacy.
“Responsible adults who
use cannabis in a manner that
is compliant with the laws of
their states ought to receive
the same legal rights and pro-
tections as other citizens,” he
said.
Warrenton bicycle thief
gets two years in prison
Trio stole from
campgrounds
By KYLE SPURR
The Daily Astorian
One of the three Warren-
ton men accused of steal-
ing more than a dozen bicy-
cles in July from visitors at
Fort Stevens State Park and
the KOA campground was
sentenced to two years in
prison.
Devin Corey Gerou,
19, pleaded no contest to
first-degree theft Tuesday
in Clatsop County Circuit
Court. Gerou also pleaded
no contest to previous theft
and burglary cases. The
sentences for each case
ran together, totaling two
years.
Warrenton
Police
received multiple reports in
July of stolen bicycles from
the local campgrounds.
None of the bicycles were
locked or secured.
Officers
increased
patrols, and initially found
five of the bicycles at one
location in Warrenton.
Police were able to iden-
tify the three suspects:
Gerou; Jacob Martin Kitz-
man, 24; and John Michael
Lafreniere, 26. The three permission.
were arrested and booked
In March, Gerou burglar-
July 31.
ized a residence on the 500
Police recovered nearly block of N.W. First Street in
15 stolen bicycles, val- Warrenton.
ued at $8,000
Last November,
to $10,000, and
Gerou attempted
returned several
to elude police
to their owners.
and
recklessly
Some of the bicy-
endangered Kitz-
cles had already
man and another
been dismantled,
person.
had parts or acces-
As part of his
sories removed,
sentence, Gerou
and one had been
is ordered to pay
repainted a differ-
more than $8,350
Devin Corey
ent color, accord-
in restitution to
Gerou
ing to police.
the victims in his
Police found
various criminal
many of the bicycles at a cases. During his incarcera-
residence on U.S. High- tion, Gerou is being recom-
way 101 just south of War- mended for substance abuse
renton. A stolen motorcycle treatment.
was also recovered.
Kitzman and Lafre-
On July 12 — before niere are both charged with
stealing the bicycles from first-degree theft. Kitz-
the campgrounds — Gerou man has a criminal history
burglarized a residence on that includes convictions
the 600 block of S. Main of theft, assault and driv-
Street in Warrenton, stole ing under the influence of
a Yamaha YZ250 motorcy- intoxicants. Lafreniere was
cle and attempted to elude charged earlier this year for
police.
theft, burglary, menacing
In May, Gerou broke into and disorderly conduct.
a residence on the 92000
Both are in custody in
block of Fort Clatsop Road Clatsop County Jail, and
in Astoria and rode off on due back in court Fri-
a Kawasaki Side X Side day for early resolution
ATV without the owner’s conferences.
Public records reform could spark
new suits without supermajority
Governments
could sue over
new mandate
By PARIS ACHEN
Capital Bureau
SALEM — The state will
face more lawsuits from local
governments if lawmakers
pass public records reform in
2017 without a supermajor-
ity vote, according to a lob-
byist who represents county
governments.
Attorney General Ellen
Rosenblum has submitted
draft legislation that would
for the irst time set a dead-
line for public bodies to
respond to records requests.
The bill gives public bodies
10 business days to furnish
requested records, with cer-
tain exceptions.
Rob Bovett, a lobbyist for
the Association of Oregon
Counties, said some county
oficials might see that dead-
line as an unfunded mandate
because they might have to
pay overtime or hire people
to meet the deadline.
Some counties have
“grown increasingly frus-
trated with the regularly
unfunded mandates” from
lawmakers, Bovett said.
“They’re not taking it any-
more; they’re actually suing,
so it’s a different universe,”
he said.
Nine counties in May
iled a lawsuit against the
state alleging that a require-
ment to give 40 hours of paid
sick leave to employees is an
unfunded mandate.
NEWPORT — State ofi-
cials are advising the public to
avoid contact with water along
the Oregon Coast at Newport’s
Nye Beach and nearby water-
ways after high levels of fecal
bacteria were detected.
The Oregonian/Oregon-
Live reported the health advi-
sory issued Wednesday says
children and older adults are at
the greatest risk for contract-
ing diarrhea, stomach cramps,
skin rashes, upper respiratory
infections and other illnesses
if infected.
The Oregon Health Author-
ity says the origin of the
increased pathogen and fecal
bacteria could include shore
and inland sources, includ-
ing stormwater runoff, sewer
overlows, failing septic sys-
tems and animal waste from
livestock, pets and wildlife.
State and Lincoln County
oficials say recreational activ-
ities on the beach remain safe.
Oficials did not pre-
dict how long the alert would
remain in effect.
Oregon location eliminated in
search for geothermal lab site
Associated Press
BEND — A site near Ore-
gon’s Newberry Volcano is
no longer in the running for a
federal enhanced geothermal
research laboratory.
The Bulletin reported
that the Wednesday decision
by the U.S. Department of
Energy left sites in Utah and
Nevada competing for the
lab.
The department put $29
million into research by a
Sandia National Laborato-
ries team in Fallon, Nevada,
and the University of Utah’s
team in Milford, Utah. The
investment is meant to help
the organizations prepare for
an underground geothermal
research lab.
Developers and research-
ers in Central Oregon say
they are surprised and dis-
appointed that the Newberry
Geothermal Energy site didn’t
make it to the next round.
The location near the vol-
cano was leased by Seat-
tle-based AltaRock Energy
Inc.
The lawsuit is based on a
1996 amendment to the Ore-
gon Constitution that requires
lawmakers to reimburse
local governments when
new requirements with a is-
cal impact are adopted with-
out supermajority support.
In Oregon, three-ifths of the
members of the House and
Senate must vote in favor to
make a supermajority.
“In order to avoid getting
struck down as unconstitu-
tional, we need to have this
bill go through the Legisla-
ture by overwhelming major-
ities, so we have to build con-
sensus on this,” Bovett said.
“Otherwise, we are going to
be litigating pieces of this as
an unfunded mandate.”
Bovett made the com-
ments during a discussion
Wednesday about possi-
ble changes to the bill. Lob-
byists who represent local
governments asked Rosen-
blum Wednesday to revise
the bill to give public bodies
15 business days to provide
requested records.
Michael Kron, special
counsel to the attorney gen-
eral, said some of the revi-
sions to the bill will include
the longer 15-day deadline
but also language to empha-
size records should be pro-
vided as soon as possible.
The legislation stemmed
from the work of the attorney
general’s task force on pub-
lic records law reform, which
included local government
interest groups and journalist
groups.
“It was a consensus com-
promise,” Rosenblum said of
the revisions.
The Capital Bureau is a
collaboration between EO
Media Group and Pamplin
Media Group.
Buoy 10 salmon ishery extended
The Daily Astorian
Recreational
anglers
will get more time to har-
vest Chinook salmon at
the mouth of the Columbia
River.
The Buoy 10 Chinook
salmon fishery had been
expected to close Tuesday.
But catch rates at 45 per-
cent of what was forecasted
prompted fisheries man-
agers to extend the season
through Sept. 14. Reten-
tion of coho and steelhead
is scheduled to remain open
through December.
The fishery runs from
Buoy 10 at the mouth of
the Columbia upstream to
Tongue Point. The daily
bag limit is two salmon a
day. Only one may be a
Chinook, which must be
at least 24 inches long to
keep. Up to one steelhead
or two coho per day can be
kept. Coho must be at least
16 inches long.
FAMILY OWNED & OPERATED
Oficials advise no contact
with ocean water in Newport
Associated Press
Paris Achen/Capital Bureau
Rob Bovett, a lobbyist for the Association of Oregon
Counties, said unless passed by a supermajority in the
Legislature, public records reforms could be viewed by
counties as an unfunded mandate prohibited by the Or-
egon Constitution.
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