First 114 lawsuit filed

[Pnwbrrt]

Oregon’s Measure 114 sees first challenge: Oregon Firearms Federation files lawsuit to try to stop strict new gun limits

The Oregon Firearms Federation late Friday filed a federal suit against Gov. Kate Brown and the state’s attorney general, urging a judge to bar the recent voter-approved gun control Measure 1114 from taking effect next month.

www.oregonlive.com

Oregon firearms federation appearently is the tip of the spear. Unfortunately it sounds like they are specifically litigating against the provision for only allowing 10 rounders.

We as a community need to get our Sh*t together and start fighting.

Read More

 

[Pnwbrrt]

You can support them via donation at this website https://stop114.com/

 

[tenthousand]

First 114 lawsuit - Washington Gun Law Video

 

[Mac_Fan]

Nice, let's get this party started.

 

[trevi]

I think the new-to-be 18-21 year olds have a solid defence because suppose when they become of age to buy a gun and cannot because there is not a plan in place. If there is no permit to buy or training to take but they are prevented from buying...... sounds like straight infringement.

 

[v0lcom13sn0w]

yep thats the lawsuit adam from coat of arms in keizer filed with OFF and a sheriff

 

[HDR]

New development. Hearing scheduled for Dec. 2nd.

Oregon’s gun control Measure 114 subject of emergency motion filed in federal court

U.S. District Judge Karin J. Immergut scheduled a hearing on the motion for Dec. 2, six days before the measure is scheduled to take effect.

www.oregonlive.com

 

[HDR]

Full text here.

DocumentCloud

www.documentcloud.org

 

[tkdguy]

I think there are 2 more law suits to be filed before the 8th of December.

You can support them via donation at this website https://stop114.com/

I have and will do so; and did FPC as well.

 

[kmk1012]

yep thats the lawsuit adam from coat of arms in keizer filed with OFF and a sheriff

I didn't realize Adam was involved with this. That's great! He is a very well spoken and knowledgeable person. Let's hope the courts do what they are supposed to do, follow the constitution.

 

[Pnwbrrt]

I think the new-to-be 18-21 year olds have a solid defence because suppose when they become of age to buy a gun and cannot because there is not a plan in place. If there is no permit to buy or training to take but they are prevented from buying...... sounds like straight infringement.

Yeah. Oregon is saying that "may issue" is Constitutional due to a previous Supreme Court ruling in NY regarding carry permits but failed to acknowledge the difference between a carry permit and a permit to purchase. There is no way that the can furnish evidence regarding text and tradition with this. I think it's going to flop and I'm really hoping additional plantiffs jump in for a permanent injunction.

 

[PiratePast40]

Keep in mind, the temporary injunction is a step to get it stopped so that it can go to trial. Once at trial, more issues can be admitted during discovery. Judge Immergut, multiple times, mentioned that should the temporary injunction be issued, the hearing for permanent injunction will require at least two week notice of witness testimony. Don't know if I'd hang my hat on that as a definite, but it sounded like she may be leaning toward a temporary injunction.

Kavanaugh, in his opinion, specifically mentioned carrying a handgun for self defense, and did not say a permit to purchase. Here's an excerpt from a Ballotpedia article:

Justice Kavanaugh
Justice Brett Kavanaugh filed a concurring opinion, in which Chief Justice John Roberts joined.

In his concurring opinion, Justice Kavanaugh wrote:[1]​

"	he Court employs and elaborates on the text, history, and tradition test that Heller and McDonald require for evaluating whether a government regulation infringes on the Second Amendment right to possess and carry guns for self-defense. See District of Columbia v. Heller, 554 U. S. 570 (2008); McDonald v. Chicago, 561 U. S. 742 (2010). Applying that test, the Court correctly holds that New York's outlier "may-issue" licensing regime for carrying handguns for self-defense violates the Second Amendment. I join the Court's opinion, and I write separately to underscore two important points about the limits of the Court's decision. First, the Court's decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. ...Second, as Heller and McDonald established and the Court today again explains, the Second Amendment "is neither a regulatory straightjacket nor a regulatory blank check."[5]​	"
—Justice Brett Kavanaugh

I agree with @Pnwbrrt. My belief is that his opinion was specifically about allowing the states to require a permit to carry and not a permit to purchase. Again, I'm not a lawyer, just an average guy interpreting what I'm reading.

 

[tkdguy]

Wonderful if others file as plaintiffs. Make my day!

 

[Jay Walk]

Oregonian - two hours ago.


The voter-approved measure, which narrowly passed with 50.7% of the vote, will ban the sale, transfer and manufacture of magazines that hold more than 10 rounds; require a permit to purchase a gun; and ban gun sales or transfers without a completed background check.

 

[Jay Walk]

As of Saturday, Oregon State Police had 42,000 background checks pending for gun purchases or transfers, Capt. Kyle Kennedy said. On Black Friday, the state police received 6,055 new background check requests, the highest amount since Election Day, he said.

Any checks that aren't completed by midnight Wednesday will be put on hold and will await the purchaser's proof of a new permit to buy a gun, state police said Friday. Once that is obtained, the firearms background check will resume.

 

[tkdguy]

As of Saturday, Oregon State Police had 42,000 background checks pending for gun purchases or transfers, Capt. Kyle Kennedy said. On Black Friday, the state police received 6,055 new background check requests, the highest amount since Election Day, he said.

Any checks that aren't completed by midnight Wednesday will be put on hold and will await the purchaser's proof of a new permit to buy a gun, state police said Friday. Once that is obtained, the firearms background check will resume.

Great opportunity for class action suit if fed judge issues an injunction.