Oregon Judge Denys motion on 114

[zomie]

Federal judge says Oregon gun measure can go forward; state judge says it cannot

A federal judge has denied a petition to delay Measure 114. That means a ban on buying or selling magazines that hold more than 10 rounds of ammunition will go into effect this Thursday.

www.opb.org

She gave the state a 30 day extension instead of the 60 they requested. I suspect all of these cases will need to go in on appeal up the ninth and beyond as she clearly doesn't respect Bruen.

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[curtissh]

What in the hell are dealers supposed to do with the thousands and thousands of arms they have in back rooms with +10 magazines that are waiting to clear background checks? Will they have to peel the magazines out to let them go after 12/8? So much horsepuckey.

 

[zomie]

What in the hell are dealers supposed to do with the thousands and thousands of arms they have in back rooms with +10 magazines that are waiting to clear background checks? Will they have to peel the magazines out to let them go after 12/8? So much horsepuckey.

Destroy them or modify them ... Better hope they make a 10 rounders for them.

 

[USMC1911]

Well we got a pretty good idea now how she is going to continue to rule.

 

[156256Hunter]

No there's that 180 day window to get them out of state. Maybe someone in Idaho can set up an LLC and offer to take all these mags off dealers' hands, and in exchange send compliant 10 rounders.

 

[Richo877]

What in the hell are dealers supposed to do with the thousands and thousands of arms they have in back rooms with +10 magazines that are waiting to clear background checks? Will they have to peel the magazines out to let them go after 12/8? So much horsepuckey.

They'll have 180 days to sell them out of state, modify them, or dispose of them.

 

[curtissh]

View attachment 1325298
They'll have 180 days to sell them out of state, modify them, or dispose of them.

Yes, I'm aware of what the measure says, but are they going to open the box and strip the mags out? And then, what? Charge the customer full freight? Throw in 10 round mags? Such a mess.

 

[zomie]

View attachment 1325298
They'll have 180 days to sell them out of state, modify them, or dispose of them.

Totally true or have them modified to 10 rounds ... This may be difficult to do for certain mags though.

 

[Richo877]

Yes, I'm aware of what the measure says, but are they going to open the box and strip the mags out? And then, what? Charge the customer full freight? Throw in 10 round mags? Such a mess.

I guess that's going to be up to each individual dealer to decide. Possibly bulk sell out of state masses of inventory. Big businesses will just send their inventory to their other locations out of state. Small businesses might be able to unload inventory to them. Maybe contract with an online retailer to sell and move inventory to another state. There are some options, but yes, it's a logistical mess, and it's going to hurt a lot of owners.

 

[Fieryotaku]

Federal judge says Oregon gun measure can go forward; state judge says it cannot

A federal judge has denied a petition to delay Measure 114. That means a ban on buying or selling magazines that hold more than 10 rounds of ammunition will go into effect this Thursday.

www.opb.org

She gave the state a 30 day extension instead of the 60 they requested. I suspect all of these cases will need to go in on appeal up the ninth and beyond as she clearly doesn't respect Bruen.

G4 is making people take the mags home before the bcg clears and sign a waiver saying they took them home.

 

[ZA_Survivalist]

I told my buddy who has 2 firearms in ffl jail to go pick up his mags ASAP. The FFL he is going through could be sticklers for the law and retain the mags post 12/8 lllBGC pass.. so its best for anyone with a firearm in lock up to go and snag those NOW.

 

[RVTECH]

So if I understand this correctly there is a 30 extension on the BGC process, IE no Dec 8th limit BUT the mag ban goes into effect on the 8th - correct?

 

[Soli]

Any word from OSP on the suspension of processing BGC on the 8th? Will they continue now, for the 30 days?

-edit - I assume they will. But am too old to take my assumptions seriously, and wonder if anything from them has been directly said that changes their stance.

 

[Pepe-lepew]

So if I understand this correctly there is a 30 extension on the BGC process, IE no Dec 8th limit BUT the mag ban goes into effect on the 8th - correct?

Correct, 30 day delay of requirement of permit to purchase. All other provisions in place the 8th.

 

[Beeble_B]

So if I understand this correctly there is a 30 extension on the BGC process, IE no Dec 8th limit BUT the mag ban goes into effect on the 8th - correct?

Correct

 

[EHJ]

This is interesting...

"Immergut pointed out that those who already own or may inherit large-capacity magazines can keep them, under Measure 114, and nothing prevents people from carrying multiple magazines outside of the home."

It seems this is saying that 10+ mags can be passed to others via an inheritance.

Oregon Measure 114 permit requirement on hold for 30 days; judge allows rest of gun-limit law to take effect

U.S. District Judge Karin J. Immergut denied a temporary restraining order in a 43-page ruling just two days before the voter-approved measure is set to take effect, but put a hold on the permitting process.

www.oregonlive.com

 

[RVTECH]

Well we got a pretty good idea now how she is going to continue to rule.

Yep - by granting the 30 day extension for BGCs and not mags is an obvious, vindictive response to the lawsuits. Kind of a 'well I'll show them!'

 

[zomie]

The judge acknowledged the legal landscape had changed with the June U.S. Supreme Court ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which struck down a New York law that placed strict limits on carrying guns outside the home.



But Immergut wrote, "it is equally important to recognize what Bruen did not do."

 

[JadeFox]

Sure am glad the "judge" upheld the prohibition on regular size mags! It's for your own good you silly little people! "the right of the people to keep and bear arms shall not be infringed."

 

[zomie]

I checked the backlog is at 36000 and likely won't be through all of those in the next 30 days. The judge did mention to the state if they wanted more time she would grant it.