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What is the status of this effort?
On April 12th I did post the latest update from Ms. Perkins in this thread. Here's the link for anyone who missed it: Oregon - Counter Attack to IP 43
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What is the status of this effort?
Thanks for the update.On April 12th I did post the latest update from Ms. Perkins in this thread. Here's the link for anyone who missed it: Oregon - Counter Attack to IP 43
Specifically, the Legal Secretary stated the following in the ballot release:
Additionally, the Secretary of State is seeking public input on whether the petition complies
with the procedural constitutional requirements established in the Oregon Constitution for
initiative petitions.
For those that still haven't sent in (emailed) their challenge to the title - you have until 5:00 PM the 8th.Amends Constitution: Requirement to remove; sell; surrender; destroy; or register semi-automatic rifles, shotguns, handguns, and certain magazines [15 words; 15 word limit; "Amends Constitution" does not count]
Results of "Yes" Vote: "Yes" vote requires Oregon citizens to remove; sell; surrender; destroy; or register certain semi-automatic rifles, shotguns, handguns, and large capacity magazines (defined). [21 words; 25 word limit]
Results of "No" Vote: "No" vote retains restrictions barring firearms possession by disqualified persons. [10 words; 25 word limit]
Suggestion to change the Summary (underlined text in red = current version that should be deleted). Bold, blue text = proposed changes.
Summary: Measure criminalizes possession or transfer of "assault weapons" (defined)/ "large capacity magazines" (defined) certain semi-automatic weapons except for military/ law enforcement purposes, or persons authorized by State Police after criminal background check. Otherwise possession or transfer is a Class B felony. Within 120 days, persons lawfully owning such weapons or magazines must remove from Oregon, lawfully sell, surrender to law enforcement, render inoperable, or register items with State Police. Applies to inherited items. Bars moving covered items into Oregon. Assault weapons Weapons include certain semiautomatic rifles or pistols with a detachable magazine; pistol or rifles with a fixed magazine holding more than 10 rounds of ammunition; certain semiautomatic shotguns. Large capacity magazine is ammunition feeding device with capacity of more than ten rounds. Effective January 1, 2019. Other provisions. [118 words; 125 word limit]
Yep, I just got the same thing.....good for everyone to reach out and let them know.I just read an email from OFF that stated the Secretary received over a 1,000 comments. Typically, again according to the email, they receive a dozen or less on a given initiative.
I just read an email from OFF that stated the Secretary received over a 1,000 comments. Typically, again according to the email, they receive a dozen or less on a given initiative.
I think that is a constitutional challenge that would have to be made if it passes. I believe procedural complaints would be addressing whether or not IP43 is following the laws regarding procedures for implementing ballot measures. Just my thoughts.Question, do we have an angle to argue constitutionality of the IP? Specifically, the Legal Secretary stated the following in the ballot release:
Additionally, the Secretary of State is seeking public input on whether the petition complies
with the procedural constitutional requirements established in the Oregon Constitution for
initiative petitions.
Now, IP43 "Amends [the] Constitution". This would necessarily conflict with the Oregon Constitution Bill of Rights. Specifically...
ARTICLE I
BILL OF RIGHTS
Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
Can a procedural argument be made stating IP43 would modify Section 27 and that such modification of Section 27 is not stated in the ballot title, or summary?
The NRA response to the IP43 Title was written, or at least signed, by the Oregon NRA Director Keely Hopkins, not anyone from the National. They did a pretty good job, as did several of the challenges that I read, and touched on the same problems that I had with the Title and summary. I found mine listed among the many..NRA-ILA | Oregon: NRA Files Comments Against Firearm Ban Initiative
Oregon: NRA Files Comments Against Firearm Ban Initiative
Friday, May 11, 2018
View attachment 460186
Support NRA-ILA
On May 8th, the NRA filed comments with the Oregon Secretary of State opposing the misleading and inadequate ballot title prepared by the state Attorney General for Initiative Petition 43. The Attorney General will now have until May 23rd to review comments and certify a final ballot title for IP 43, which seeks to ban commonly owned semi-automatic firearms and standard capacity magazines.
Over 1000 pages of comments were received by the Oregon Secretary of State in opposition to the proposed ballot title. Thank you to all Second Amendment supporters that submitted written comments on IP43. To view the comments submitted by NRA on behalf of our members, along with all other submitted comments and the proposed ballot title, click here.
Initiative Petition 43, if passed, would ban semi-automatic firearms including rifles, pistols, and shotguns, which have certain listed aesthetic features. Additionally, all standard capacity magazines and semi-automatic firearms with a fixed magazine holding more than 10 rounds of ammunition would be prohibited. The proposal would require any person in legal possession of these firearms or magazines to sell, surrender, or remove the firearm from the state within 120 days of passage. If eligible, a person could register the firearm or standard capacity magazine with the Oregon State Police, subject to a number of requirements.
This initiative attempts to brand these firearms as "assault weapons" to drum up unnecessary fear of their ownership. In reality, these firearms are only being defined by aesthetic features that in no way affect the functionality of the firearm. Semi-automatic firearms only fire one shot per action of the trigger, and such technology has been available to American consumers for more than a century. Semi-automatic firearms and standard capacity magazines are commonly owned by law-abiding citizens for various purposes such as self-defense, recreation, competition, and hunting.
Once the ballot title is finalized, proponents of the initiative have until July 6th to get 88,184 valid signatures to place this on the November ballot.
Your NRA-ILA will continue to keep you updated on the status of this initiative, so please stay tuned to your email inbox and www.nraila.org for further updates on this issue.
Initiative Petition 43 UPDATE
Many of you already heard the Secretary of State received 1,060 objections to the proposed ballot title for IP43 as written by Attorney General. Everyone of those objections have been sent to the Attorney General's Office where she is required by law to review them then either amend the ballot title accordingly or defy every objection by certifying the proposed ballot title as is. She has until May 23rd to certify the ballot title.
Once the AG submits the CERTIFIED ballot to the Secretary of State those who filed an objection has standing with the Supreme Court and will have 10 business days (until June 6th) to challenge the certified ballot title to the Supreme Court.
I know of six organizations and/or lawyers who are ready to file a challenge with the court. I also plan to file an appeal before the June 6th deadline. I will pay the filing fee ($481) then notify the Secretary of State's Office that I filed notification is simply submitting this form (http://sos.oregon.gov/elections/Documents/SEL324.pdf)
It's important to note there is no set timeline requirement as to when the Supreme Court must take up the filed appeals and issue a ruling whether the certified ballot title must be rewritten based on the objections submitted or let the certified language stand.
According to the Statesman Journal it normally takes between 2 - 6 months for the court to take up an appeal, anything sooner would be highly unusual. Then again the Supreme Court Justices are all far left anti-gunners so they may want to see IP43 on the November ballot and expedite the appeals process.
Here is why it was so important to have so many filed objections submitted to the Elections Division. The court must consider every filed objection and take them all in consideration before making a ruling. And until the Court makes a ruling the Petitioners are barred from gathering signatures as a result the Elections Division will not issue the Petitioners the official state signature gathering sheets! BIG KUDOS TO EVERYONE WHO TOOK THE TIME TO SUBMIT AN OBJECTION.
The best we can hope for is the July 6th deadline for submitting 88,184 signatures will pass before the court even takes up the appeal! And even if the Court expedites the appeal review the backers of IP43 will likely have (best case) less than ~ two and a half weeks to gather 88,184. And based on the average fallout of non-registered voters signing the petition they will need to submit around 120,000 signatures. That why even the Chief Petitioner was recently quoted as saying, "it will take a miracle" and I say God does not grant miracles to those who are attempting to mislead voters!
For anyone who may be interested in filing their own appeal with the court I will post the process in the comment section of this post.
More updates as the initiative petition process plays out.