Oregon Individual M114 lawsuits

[Lars]

I was wondering if I buy a firearm on the 7th and the BGC does not go instantly and can't pick it up after the 8th could I file a lawsuit? Can an individual sue the State of Oregon? I'm thinking of some sort of template, fill in name and date of the 2nd amendment constitutional infringement, and file suit. I'd like to see if the SAF will file a suit also. Sorry for the random thoughts, up too late.

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[arakboss]

I was wondering if I buy a firearm on the 7th and the BGC does not go instantly and can't pick it up after the 8th could I file a lawsuit? Can an individual sue the State of Oregon? I'm thinking of some sort of template, fill in name and date of the 2nd amendment constitutional infringement, and file suit. I'd like to see if the SAF will file a suit also. Sorry for the random thoughts, up too late.

He would know:

 

[Dozer99]

Anyone is allowed to sue the state of Oregon for any reason. Without a lawyer, it will be a rough go, but it can be done.

 

[nehalemguy]

Class action suit. There are going to be a bunch of people in that situation if an injunction isn't put in place next week.

-E-

 

[pogi]

You are going to need money. I hope people are donating to OFF and I encourage everyone to donate a percentage of their firearm/gear sales to OFF for the lawsuit(s).

 

[User 1234]

In short, it is not a good idea. Well intentioned, yes, but can cause problems.

 

[tkdguy]

Class action suit. There are going to be a bunch of people in that situation if an injunction isn't put in place next week.

-E-

I am in line too with this.

 

[Librarian]

Imagine if you will ...

We get, say, two suits filed by a passel of very experienced civil rights lawyers and six filed pro se or by lawyers not very experienced in the field.

Our fine courts pick one of the six, crush it, and then declare the others moot.

A less-than-wonderfully prepared or handled suit can really hurt other suits. That doesn't mean 'do not sue', it means 'join with other plaintiffs who have a really strong case and really good lawyers'.

And, if you were really prepared to spend the $$$ on your own lawsuit, consider picking one of the big ones (e.g. OFF, SAF and or FPC when filed) and buying an hour or two of $500/hour lawyer time.

The State is already using your money to pay its lawyers to oppose your rights, and often will hire outside counsel as well.

 

[Member 5605]

Go for it.

Pro Se representation is going to cost you time and money without getting anywhere.

Best of luck.

 

[tkdguy]

Imagine if you will ...

We get, say, two suits filed by a passel of very experienced civil rights lawyers and six filed pro se or by lawyers not very experienced in the field.

Our fine courts pick one of the six, crush it, and then declare the others moot.

A less-than-wonderfully prepared or handled suit can really hurt other suits. That doesn't mean 'do not sue', it means 'join with other plaintiffs who have a really strong case and really good lawyers'.

And, if you were really prepared to spend the $$$ on your own lawsuit, consider picking one of the big ones (e.g. OFF, SAF and or FPC when filed) and buying an hour or two of $500/hour lawyer time.

The State is already using your money to pay its lawyers to oppose your rights, and often will hire outside counsel as well.

OFF is one and who is the second?

 

[Librarian]

OFF is one and who is the second?

Not filed yet, thus I wrote "(e.g. OFF, SAF and or FPC when filed)"

And those are just examples - wouldn't it be nice if NRA did something actually useful in OR? (NRA is actually supporting some of the CA suits.)

 

[Texanna]

This is from OFF's email this morning:

Things are moving quickly in our suit to put Mz 114 on ice ... long battle ahead ... first job is to get an injunction to prevent it from going into effect while we demonstrate that it is clearly unconstitutional.

Though we had expected others, including large national gun rights groups and representatives of the firearms industry, to take legal action, as of today none, to our knowledge, have. Thanksgiving Day, the Federal Court took the unusual step of acting on a Federal holiday and scheduling oral arguments for Dec 2nd.

OFF is on it – here's the link to full email + OFF Donation link.

 

[Xmark1]

In short, it is not a good idea. Well intentioned, yes, but can cause problems.

It will probably trigger an IRS audit.

 

[Lars]

I see the logic in not going alone. Hopefully another organization will jump in. I've been donating to SAF for years and hopefully something comes of it.

 

[CamoDeafie]

This is from OFF's email this morning:

Things are moving quickly in our suit to put Mz 114 on ice ... long battle ahead ... first job is to get an injunction to prevent it from going into effect while we demonstrate that it is clearly unconstitutional.

Though we had expected others, including large national gun rights groups and representatives of the firearms industry, to take legal action, as of today none, to our knowledge, have. Thanksgiving Day, the Federal Court took the unusual step of acting on a Federal holiday and scheduling oral arguments for Dec 2nd.

OFF is on it – here's the link to full email + OFF Donation link.

It's likely that other groups are wanting to wait until the Duncan v Bonta case is resolved, as it's pertinent and in 9th District; and maybe they feel it's not worth fighting the permit thing yet?