Oregon HB 2005 4-11-2023

[CamoDeafie]

Great points, but the objection is in the Senate. HB 2002 and 2005 are House Bills.

Yes. But the House Bill need to go through Senate for a reading and passage before hitting the Guv'nor's desk. That's why they're trying to deny quorum

 

[Librarian]

I am surprised that OPB has a reasonably good article on this - https://www.opb.org/article/2023/05...n-senate-abortion-guns-gender-affirming-care/

If Republicans are adamant about staying away from the Capitol, the question becomes how long they hold out. Six GOP lawmakers were listed as excused on Wednesday. Two Republicans, Senate Minority Leader Tim Knopp, R-Bend, and Sen. Dick Anderson, R-Lincoln City, were in attendance. Five senators were marked unexcused: Daniel Bonham, Dennis Linthicum, Lynn Findley, Cedric Hayden and Brian Boquist, who is registered as an Independent.

Republicans could use excused absences as a rotating tactic to milk the clock, swapping out lawmakers who are nearing their 10 unexcused absence mark for lawmakers with a lower tally. Three GOP senators — Art Robinson of Cave Junction, Fred Girod of Stayton and Kim Thatcher of Keizer — are excused at least through the end of the week, public records show. Girod is excused until May 13.

Or the GOP could embrace the walkout as an opportunity to challenge the legality of the new voter-approved measure, something Bonham and Knopp have signaled they were considering.

Long in the legislative minority, Republicans have demonstrated over the years that poring through the state's constitution and statutes can prove fruitful.

For example, the Oregon Constitution requires that bills be read in full before final passage. For years, lawmakers waived that requirement and only read the bill's title. Waiving the rule, however, requires a two-thirds vote, which means support from both sides of the political aisle.

In 2016, Republicans stopped voting to waive the rule, meaning Democrats had to burn time reading sometimes-lengthy bills in full. The tactic has since become commonplace — so much so that GOP senators have dictated that almost every bill be read in full in their chamber this year.

 

[DivCurlGrad72]

Oregon Republicans boycotted the state Capitol on Wednesday, testing for the first time a 2022 measure that punishes state lawmakers for walkouts. The boycott comes as Democrats advance an abortion and gender-affirming health care proposal and gun regulations scorned by conservatives.

Finally. Going to write and thank them.

Oregon Republicans boycott state Capitol, testing restrictions

Oregon Republicans boycotted the state Capitol on Wednesday, testing for the first time a 2022 measure that punishes state lawmakers for walkouts. The boycott comes as Democrats advance an abortion and gender-affirming health care proposal and gun regulations scorned by conservatives.

www.oregonlive.com

 

[Librarian]

Finally. Going to write and thank them.

Oregon Republicans boycott state Capitol, testing restrictions

Oregon Republicans boycotted the state Capitol on Wednesday, testing for the first time a 2022 measure that punishes state lawmakers for walkouts. The boycott comes as Democrats advance an abortion and gender-affirming health care proposal and gun regulations scorned by conservatives.

www.oregonlive.com

Yup, just did.

Complain all you think needed, but just like little kids, 'Catch them doing something good' and be sure to pat them on the head.

Still a ways to go before they've earned any campaign contributions ...

 

[br1sket]

I really dont see whats wrong with them refusing to show up. Let the Dems throw them out of office, can't they just be re-elected in the next cycle? Seems like its a worthy cause if you are standing up for something you believe in.

 

[zomie]

I really dont see whats wrong with them refusing to show up. Let the Dems throw them out of office, can't they just be re-elected in the next cycle? Seems like its a worthy cause if you are standing up for something you believe in.

I thought that measure 113 that passed last year prevents them from rerunning for public office if they have too many unexcused absences.

 

[PiratePast40]

I really dont see whats wrong with them refusing to show up. Let the Dems throw them out of office, can't they just be re-elected in the next cycle? Seems like its a worthy cause if you are standing up for something you believe in.

If they have more than 10 unexcused absences in a session, they can't run for office next cycle. That's what Measure 113 was about. Did you not read about it before you voted?

 

[Mono1]

I really dont see whats wrong with them refusing to show up. Let the Dems throw them out of office, can't they just be re-elected in the next cycle? Seems like its a worthy cause if you are standing up for something you believe in.

Every. Legal. Means. Necessary. To accomplish what is right.

 

[br1sket]

If they have more than 10 unexcused absences in a session, they can't run for office next cycle. That's what Measure 113 was about. Did you not read about it before you voted?

I voted against it obviously. Still seems worth it to block passage of an unconstitutional bill. We can all take turns running and set out the off cycles.

 

[CZP07]

If they have more than 10 unexcused absences in a session, they can't run for office next cycle. That's what Measure 113 was about. Did you not read about it before you voted?

I'm waiting to see this challenged in the courts. Unfortunately though, one would have to be forbidden from running for re-election before they can ask the court for remedy.

 

[PiratePast40]

I'm waiting to see this challenged in the courts. Unfortunately though, one would have to be forbidden from running for re-election before they can ask the court for remedy.

Knopp said they are challenging the constitutionality of M113.

 

[CZP07]

Knopp said they are challenging the constitutionality of M113.

I'm looking forward to that. I'm also (so far) pleasantly surprised at how differently Tina is governing compared to that thing before. She has suspended the Toll project and has refused to send her Gestapo after the missing republican Senators. I'm sure she'll become more tyrannical as we get deeper in her term, but so far, I've been surprised

 

[PiratePast40]

I'm looking forward to that. I'm also (so far) pleasantly surprised at how differently Tina is governing compared to that thing before. She has suspended the Toll project and has refused to send her Gestapo after the missing republican Senators. I'm sure she'll become more tyrannical as we get deeper in her term, but so far, I've been surprised

I'll withhold judgement until things play out. I don't think Kotek suspended the tolling out of the kindness of her heart. The petition was one thing, but local pressure pushed it front and center. As far as not sending the gestopo out, I don't think she had the time to make the decision given the Fagan mess she had to deal with yesterday.

 

[arakboss]

Don't forget that the 3 day release ends with HB2005 too.

I reread hb 2005 and I believe you are right about 3 day releases being prohibited for all firearm purchases. It's a bad bill no matter what.


(c) The dealer may not transfer the firearm or unfinished frame or receiver unless the dealer
receives a unique approval number from the department and, within 48 hours of completing the
transfer, the dealer shall notify the state that the transfer to the permit holder was completed.

 

[arakboss]

HB 2005 also requires permit to purchase.

(14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser
or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d)
of this section, or prior to receiving a unique approval number from the department based on the
criminal background check in violation of subsection (3)(c) of this section is a Class A misdemeanor


(b) A gun dealer that requests a criminal background check under this subsection is immune
from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or
transferee, provided that the gun dealer requests the criminal background check as described in this
section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase
the firearm or unfinished frame or receiver and the dealer has received a unique approval number
from the department indicating successful completion of the background check.

 

[jayR]

Will they show ???
https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2023051018

sgt at arms - bar the door!

whoop... no senate today!

 

[PiratePast40]

HB 2005 also requires permit to purchase.

(14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser
or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d)
of this section, or prior to receiving a unique approval number from the department based on the
criminal background check in violation of subsection (3)(c) of this section is a Class A misdemeanor


(b) A gun dealer that requests a criminal background check under this subsection is immune
from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or
transferee, provided that the gun dealer requests the criminal background check as described in this
section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase
the firearm or unfinished frame or receiver and the dealer has received a unique approval number
from the department indicating successful completion of the background check.

See Section 18

 

[arakboss]

See Section 18

I saw the delay period for enactment of certain provisions.

 

[Librarian]

Will they show ???
https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2023051018

sgt at arms - bar the door!

whoop... no senate today!

Right - https://www.kptv.com/2023/05/04/oregon-senate-republicans-boycott-2nd-day-prevent-quorum/

 

[arakboss]

For fun let's see if we can match up parts of this definition to the parts of an AR. The more I read it, the less sense it makes that it applies to the upper and lower requiring serialization.

(13) "Receiver" means the part of a rifle, shotgun or projectile weapon other than a
handgun, or a variant of a rifle, shotgun or projectile weapon other than a handgun, that
provides housing or a structure for the primary component designed to block or seal the
breech prior to initiation of the firing sequence, even if pins or other attachments are re-
quired to connect the component to the housing or structure.


At first glance I thought the housing/structure was referring to the upper receiver and the primary component blocking the breech was the BCG. If that was the case this last part wouldn't make much sense:

"even if pins or other attachments are re-
quired to connect the component to the housing or structure."


My interpretation is that the AR15 lower receiver is the housing or structure and the primary component is the upper receiver, which is held on by pins.

This definition has been around for a while and has not often applied to AR upper receivers in the past.