Oregon Ghost Uno reverse.. Do you think this could happen here in Oregon too perhaps?

[Saladfarmer]

Given how the Oregon HB 2005 is written, firearms needing serialization as per "federal law" I think the right judge could make what we just saw in Minnesota happen here..
Are you all black pilled or is there some hope left in you?
Are you signing the petition to get End Vote by Mail on the ballot and to get the CLown and Nepotist corrupt governor recalled?


The Minnesota Supreme Court has thrown out a charge for possessing a firearm without a serial number from a defendant who made his own gun, saying that the state law only requires serial numbers when required under federal law: https://mncourts.gov/_media/migration/appellate/supreme-court/standard-opinions/06aug25/OPA230863-080625.pdf

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[PiratePast40]

I believe we've discussed this several times. Yes, it's true that there exists no federal procedure for marking something as a firearm if it is not a firearm according to federal law. However, Oregon also added this to HB2005 to cover their behinds:

SECTION 4. (1)(a) A person may not knowingly offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.(b) A person may not knowingly possess a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or agunsmith with a federal firearms license, in accordance with federal law.

SECTION 5. (1)(a) A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless (A) The person is licensed as a firearm dealer under 18 U.S.C. 923;(B) The name of the manufacturer and an individual serial number is conspicuously placed on the unfinished frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. 923(i) and all regulations under the authority of 18 U.S.C.923(i), including but not limited to 27 C.F.R. 478.92; and...

 

[PiratePast40]

I believe we've discussed this several times. Yes, it's true that there exists no federal procedure for marking something as a firearm if it is not a firearm according to federal law. However, Oregon also added this to HB2005 to cover their behinds:

SECTION 4. (1)(a) A person may not knowingly offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.(b) A person may not knowingly possess a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or agunsmith with a federal firearms license, in accordance with federal law.

SECTION 5. (1)(a) A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless (A) The person is licensed as a firearm dealer under 18 U.S.C. 923;(B) The name of the manufacturer and an individual serial number is conspicuously placed on the unfinished frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. 923(i) and all regulations under the authority of 18 U.S.C.923(i), including but not limited to 27 C.F.R. 478.92; and...

ETA: Doesn't mean that it's not screwed up, but it does let them get away with a little more BS and make it harder for us to argue the technical merits.

 

[mithrandir]

ETA: Doesn't mean that it's not screwed up, but it does let them get away with a little more BS and make it harder for us to argue the technical merits.

The unfortunate fact is that Oregon State jurisprudence gives judges carte blanche to ignore textual arguments and live on vibes instead. See e.g. the walkout reelection case where they decided to imagine punctuation was in the law to construe it how they believed it was intended.

 

[Stomper]

The unfortunate fact is that Oregon State jurisprudence gives judges carte blanche to ignore textual arguments and live on vibes instead. See e.g. the walkout reelection case where they decided to imagine punctuation was in the law to construe it how they believed it was intended.

The power of the "imagined comma" is awful to behold!