Oregon Emergency Motion filed by OFF 11/23 to block 114 from taking effect on 12/08

[ronin223]

I agree with SAF and FPC , the purchase license will be very hard to defeat

 

[156256Hunter]

I agree with SAF and FPC , the purchase license will be very hard to defeat

But hopefully in the short run it can at least be put on hold until the 30K+ BGC queue (and whoever else joins through Dec 7) gets cleared out.

 

[leverite]

I agree with SAF and FPC , the purchase license will be very hard to defeat

Why would you assume that SAF or FPC believe that "the purchase license will be very hard to defeat"?
SAF has an action going now against the similar Illinois' FOID card requirement.
Do we know for sure their filing made no mention of it? And even so, filings can be amended. This legal process is just starting and could take years to resolve.

 

[PiratePast40]

It seems like FPC and SAF only want to challenge the magazine ban. Do they not think the permitting system can be challenged? Its great they're going after the magazine provisions of 114, I think the permitting system is far more draconian.

It's the same premise as the OFF complaint. The mag ban is easy since SCOTUS has already remanded that decision back to the ninth district and told them to re-litigate in light of Bruen. Once the injunction is issued, everything else in the measure can be addressed, and brought forward during discovery.

The permitting system isn't as easy since there are other states with the requirement. None have been litigated post Bruen so there is no clear cut decision as an example. Doesn't mean there won't be, just that precedent hasn't been set yet and the arguments will need to be better refined.

 

[oldcorpgunny]

Because a certain president appoints a judge doesn't mean that judge will follow the constitution, especially the 2nd amendment.

75 yrs and from watching the crap show in Oregon and Nationally since the 60s, I am fairly certain this won't go anywhere.

Jack

Well said! I have come to the conclusion that all politicians are the same. They're loyalties are sold to the highest bidder. We need more statesmen and fewer politicians.

 

[leverite]

It's the same premise as the OFF complaint. The mag ban is easy since SCOTUS has already remanded that decision back to the ninth district and told them to re-litigate in light of Bruen. Once the injunction is issued, everything else in the measure can be addressed, and brought forward during discovery.

The permitting system isn't as easy since there are other states with the requirement. None have been litigated post Bruen so there is no clear cut decision as an example. Doesn't mean there won't be, just that precedent hasn't been set yet and the arguments will need to be better refined.

None of this is easy. If/when the CA mag ban gets overturned it is not an automatic for the WA and OR bans.
SAF got Illinois' FOID card req overturned for home use so there is "precedent ". Stil a long way to go.

 

[Dust2Dollars]

(114) Blatantly unconstitutional: Strict gun control law faces new NRA-backed legal challenge.
Fox News just now!
How is this NRA backed?

1. They said hey, we agree?
2. They sent a legal expert to help?
3. They are paying for the lawyer here?

I say number 1, since they are only about the MONEY coming into them.

'Blatantly unconstitutional': Strict gun control law faces new NRA-backed legal challenge

A federal judge will hear arguments in one of three lawsuits against Oregon's voter-approved gun control measure, which requires a permit to purchase any firearm.

www.foxnews.com

 

[VinnieBoomBah]

(114) Blatantly unconstitutional: Strict gun control law faces new NRA-backed legal challenge.
Fox News just now!
How is this NRA backed?

1. They said hey, we agree?
2. They sent a legal expert to help?
3. They are paying for the lawyer here?

I say number 1, since they are only about the MONEY coming into them.

'Blatantly unconstitutional': Strict gun control law faces new NRA-backed legal challenge

A federal judge will hear arguments in one of three lawsuits against Oregon's voter-approved gun control measure, which requires a permit to purchase any firearm.

www.foxnews.com

Not to be overly cynical, but . . .

4. Can we hitch our wagon to this and leverage it for fundraising?

 

[Bobbygun]

Not to be overly cynical, but . . .

4. Can we hitch our wagon to this and leverage it for fundraising?

BOOM! There it is. (That must be why your middle name is Boom.)

 

[leverite]

NSSF suit files against both permitting system and mag limit. Paul Clement reps plaintifs.

Wondering if anyone has challenged 114 on state law grounds...ballot measures being limited to one issue?

 

[HDR]

Wondering if anyone has challenged 114 on state law grounds...ballot measures being limited to one issue?

None thus far. It's being widely broadcasted by FPC that more suits are coming though.

 

[nehalemguy]

NSSF suit files against both permitting system and mag limit. Paul Clement reps plaintifs.

Wondering if anyone has challenged 114 on state law grounds...ballot measures being limited to one issue?

It's all being packaged as a single issue of "gun violence". Of the many angles available to attack BM 114, that is probably one of the more ineffective ones. Not saying it doesn't have merit, just that there or better avenues to follow.

-E-

 

[pdxtiger]

When will we have news on the hearing today?

Edit: Nevermind, looks like Monday or Tuesday

 

[Stomper]

We need an smiley face emoji with it's head exploding

It's there, look closer ….

 

[E4mafia]

https://twitter.com/x/status/1598776139174268928

 

[Stomper]

Oregon Measure 114 delay would lead to ‘unnecessary deaths,’ attorney general argues

The attorney general’s office, in its response to the Oregon Firearms Federation's lawsuit, argued large-capacity magazines that hold more than 10 rounds are not “arms” protected by the Second Amendment and the state’s new requirement for a permit to purchase a gun will withstand constitutional...

www.oregonlive.com

And the evidence is where that supports this claim? An unsupported opinion is essentially worthless, and an opinion is not fact. Statements like these sound hysterical. How funny O-Live does not permit comments!

That AG doesn't do his homework, it's already caselaw that magazines, ammo, and components needed are protected as arms.

 

[Cavedweller]

Wondering if anyone has challenged 114 on state law grounds...ballot measures being limited to one issue?

None thus far.

Kevin Starret filed suit against the SoS on these grounds back in the fall of '21. The state supreme court refused to hear the case.

 

[USMC1911]

That AG doesn't do his homework, it's already caselaw that magazines, ammo, and components needed are protected as arms.

Who needs actual facts when you can just go by feelings?

 

[concretehardt]

Praying for a ruling in our favor

 

[VinnieBoomBah]

"When the facts are on your side, pound on the facts
When the law is on your side, pound on the law
When neither the law or the facts are on your side pound on the table