Oregon Judge Denys motion on 114

[rhollister71]

https://twitter.com/x/status/1600214931026374656

These guys had a better case than OFF, as everyone in this forum was bashing NRA just days ago, but they actually had the better case and presented better argument.

 

[rscanady]

and the chess match continues!

Oregon Measure 114 temporarily blocked by Harney County judge in separate challenge

Oregon Measure 114 temporarily blocked statewide by county judge in separate challenge

The Harney County case was brought by the Gun Owners of America, and unlike the federal case, challenged the Measure 114 under Oregon’s constitution.

www.oregonlive.com

 

[zomie]

These guys had a better case than OFF, as everyone in this forum was bashing NRA just days ago, but they actually had the better case and presented better argument.

Yes this has been brought up that the off case was rushed. Still I think the other federal lawsuits go to the same judge though who clearly has her own perspective. I don't know if the state case would hold up except in an appeal outside of the Oregon supreme court.


I don't think all is lost just that the hopes of a lasting injunction are bleeding fast.

 

[ilikegunspdx]

Yes this has been brought up that the off case was rushed. Still I think the other federal lawsuits go to the same judge though who clearly has her own perspective. I don't know if the state case would hold up except in an appeal outside of the Oregon supreme court.


I don't think all is lost just that the hopes of a lasting injunction are bleeding fast.

Any case going to Immergut will be ruled anti-gun because she has decided to blatantly ignore the instructions from SCOTUS not to use a 2 step process of balancing of "societal good" vs individual's right.

I don't know if this is out of ignorance or if the CA 9th circuit has advised her, effectively making her a Guinea pig re going against SCOTUS.

I strongly suspect the latter because she will have a favor due from the 9th which would be a promotion for her. Also CA has been playing a delaying game on the BONTA mag ban case. They may be using Immergut to be the Guinea pig before they defy SCOTUS themselves a few months from now when Bonta gets appealed after the Benitez ruling that is coming up.

 

[arakboss]

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.

yes

 

[br1sket]

yes

Does anyone know if sportsman's wearhouse is handing out magazines for already purchased guns (but stuck in background check queu)? If not does anyone have a number to their regional manager in Oregon I can call?

I spoke with a salesperson at the gun counter but predictably they know nothing (not bashing them, I realize they are just doing their jobs). It seems crazy to me they wouldn't hand out the magazines while they wait for background checks to clear.

 

[gunnut38]

From Oregon Open FB page. Judge Raschio GRANTED a 10 day Temporary Restraining Order on BOTH the magazine ban and the Permit to Purchase requirement. It will last from Dec. 8th - Dec. 18th.
A hearing had been set for next Tuesday (12/13) at 9:00am for Plantiffs' motion for a Preliminary Injunction on the magazine ban and PtP. This is a request for a longer lasting halt to M114 than the TRO. A Preliminary Injunction lasts the duration of a case until a final ruling is made although it could be appealed.
This is from the fifth lawsuit which was filed in Harney County, a State Circuit Court.
A more detailed summary and PDF of the order to come later.

 

[zomie]

Any case going to Immergut will be ruled anti-gun because she has decided to blatantly ignore the instructions from SCOTUS not to use a 2 step process of balancing of "societal good" vs individual's right.

I don't know if this is out of ignorance or if the CA 9th circuit has advised her, effectively making her a Guinea pig re going against SCOTUS.

I strongly suspect the latter because she will have a favor due from the 9th which would be a promotion for her. Also CA has been playing a delaying game on the BONTA mag ban case. They may be using Immergut to be the Guinea pig before they defy SCOTUS themselves a few months from now when Bonta gets appealed after the Benitez ruling that is coming up.

I was curious how much of this is politics from the ninth as well.

 

[br1sket]

So does the circuit court order supersede the federal judge? Or does this only apply to Harvey County?

 

[CamoDeafie]

So does the circuit court order supersede the federal judge? Or does this only apply to Harvey County?

State Circuit Court. Applies to Oregon State but I'm curious about the apparent conflict between District Court decision vs State Circuit decision...

 

[zomie]

So does the circuit court order supersede the federal judge? Or does this only apply to Harvey County?

No it is valid for all of Oregon as it was a separate case brought about on the infringement to the Oregon Constitution. It will be appealed to the Oregon State Supreme Court though which almost all of them have been appointed by Kate Brown.

 

[solv3nt]

So does the circuit court order supersede the federal judge? Or does this only apply to Harvey County?

Two different court systems. One case was brought on the constitutionality of the US Constitution, and one was brought in a state court against the state constitution. I wish it included the single issue ballot measure.

The state AG will appeal to the State Supreme Court and slap this down.

 

[ilikegunspdx]

Two different court systems. One case was brought on the constitutionality of the US Constitution, and one was brought in a state court against the state constitution. I wish it included the single issue ballot measure.

The state AG will appeal to the State Supreme Court and slap this down.

Yep everything for the whole state is decided by one, or a few metro counties. Sucks. One group of judges appointed by the leftist metro power base tells the entire state what to do. That's why this is no longer Oregon, it is now "California North".

Red counties voted down M114:

 

[RobMa]

I would love to see a good SCOTUS biach slap a ho!

Have her thrown off the bench, in a normal judicial system this would have already happened to many of the far-left constitution defying judges...

 

[ilikegunspdx]

OR state asking for more time from federal judge/anti-gun crusader Immergut (Surprise, surprise ha ha). Note that this relates to Fed case, not Harney County judge state case.

 

[tkdguy]

OR state asking for more time from federal judge/anti-gun crusader Immergut (Surprise, surprise ha ha). Note that this relates to Fed case, not Harney County judge state case.

View attachment 1334381

Too bad Maxine does not do legal research and social-criminology research on this important topic; but maybe the folks are her facility do not have the intelligence nor education to do this; geez--properly educating the public with unbiased information is too much to ask.

 

[PiratePast40]

Too bad Maxine does not do legal research and social-criminology research on this important topic; but maybe the folks are her facility do not have the intelligence nor education to do this; geez--properly educating the public with unbiased information is too much to ask.

Unfortunately, I've repeated some of the things she's said, and later found out it was her opinion being thrown in with select facts. I've learned my lesson.

 

[Black Dog]

Yep everything for the whole state is decided by one, or a few metro counties. Sucks.

Red counties voted down M114:

View attachment 1325421

Yes 5 county's pulled the vote. But and a big BUT only 51% of the voters in the other county's voted. If the other 49% would have voted we would not have 114 or Kotek. There's just to many voters in the 5 county's and not enough that want to vote in the rest. So thanks to the lazy (or don't care) we are where we are.The ones on the East Side that cry about wanting to be in Idaho they still have to vote to get what they want. That's not going to happen if they don't change. So the only thing we can really complain about is don't vote YOU LOSE!

 

[CorvallisOr]

Have her thrown off the bench, in a normal judicial system this would have already happened to many of the far-left constitution defying judges...

How exactly do you throw a lifetime appointed federal judge off the bench

 

[ilikegunspdx]

How exactly do you throw a lifetime appointed federal judge off the bench

I don't know the mechanism but she has clearly violated her oath and what she said in her appointment hearing, that she will abide by the precedent of the Supreme Court. She has ignored the very clear precident and directives in the Bruen ruling, and instead let her own personal anti-gun views determine the ruling. She said she would not do this when appointed.