Oregon Judge Denys motion on 114

[jayR]

I see no irreparable harm here

 

[PiratePast40]

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."

IMHO, Kavanaugh talked about permitting for carrying outside the home. Not a permit to purchase. Am I incorrect in my assumption?

https://ballotpedia.org/New_York_State_Rifle_&_Pistol_Association_Inc._v._Bruen

Justice Kavanaugh

Justice Brett Kavanaugh filed a concurring opinion, in which Chief Justice John Roberts joined.

In his concurring opinion, Justice Kavanaugh wrote:[1]​

"	he Court employs and elaborates on the text, history, and tradition test that Heller and McDonald require for evaluating whether a government regulation infringes on the Second Amendment right to possess and carry guns for self-defense. See District of Columbia v. Heller, 554 U. S. 570 (2008); McDonald v. Chicago, 561 U. S. 742 (2010). Applying that test, the Court correctly holds that New York's outlier "may-issue" licensing regime for carrying handguns for self-defense violates the Second Amendment. I join the Court's opinion, and I write separately to underscore two important points about the limits of the Court's decision. First, the Court's decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. ...Second, as Heller and McDonald established and the Court today again explains, the Second Amendment "is neither a regulatory straightjacket nor a regulatory blank check."[5]​	"
—Justice Brett Kavanaugh

 

[CamoDeafie]

So.. a lawyer in a black robe with a history od deciding a certain way, decided a certain way anyhow, disregarding the Bruen decisions guidelines and going right back to the other way of guidance (public safety weighting).. those who have 10+ rd magazines in limbo with their guns.. go get them now!

 

[zomie]

https://i.redd.it/wos7fm82md4a1.png

 

[RobMa]

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.

Does this surprise anyone? the tyrants are running the show...

 

[RobMa]

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."

"it is equally important to recognize what Bruen did not do"

Which was, to change her mind about going against the very thing she probably hopes for... the total disarmament of the American people, constitution be dammed!

 

[zomie]

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

 

[CamoDeafie]

https://i.redd.it/wos7fm82md4a1.png

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

So.. who's got priority in Oregon? Fed judge, or State Circuit Judge? Any bets this specific case goes before a Fed Judge for appeals and then to District then to SCOTUS?

 

[zomie]

So.. who's got priority in Oregon? Fed judge, or State Circuit Judge? Any bets this specific case goes before a Fed Judge for appeals and then to District then to SCOTUS?

This is a different case so it holds water until the Oregon State Supreme Court tosses it (likely to be done as most of them were appointed by kate brown). This deals with the "Oregon Constitutionality" of the measure. I think there were a few items for debate such as having multiple items in a ballot measure and it violating oregon's take on the 2nd amendment.

 

[Member 53328]

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.

Have a party and give them away for free?

 

[Val1884]

Well lots of dealers tossed them in dumpsters out back in WA..and being the Law wont enforce dumpster diving...you do the rest of the idea.

 

[zomie]

Have a party and give them away for free?

Yep as long as it is out of state where they are allowed ...

 

[Hawaiian]

Temporary restraining order placed on new gun law, hours after federal judge cleared it

Temporary restraining order placed on new gun law, hours after federal judge cleared it

Hours after a federal judge denied motions requested for a temporary restraining order to be placed against Measure 114, a circuit court judge granted a temporary restraining order on the entire me…

www.koin.com

 

[curtissh]

I feel so bad for the FFLs. An impossible situation. They're having to play it day by day with angry customers barking at them about this or that court order.

 

[zomie]

Temporary restraining order placed on new gun law, hours after federal judge cleared it

Temporary restraining order placed on new gun law, hours after federal judge cleared it

Hours after a federal judge denied motions requested for a temporary restraining order to be placed against Measure 114, a circuit court judge granted a temporary restraining order on the entire me…

www.koin.com

another article: https://www.oregonlive.com/crime/20...arney-county-judge-in-separate-challenge.html

Sadly the Oregon Supreme Court I suspect will overturn this injunction as most of them were appointed by Kate Brown. I wish we had gotten a different federal judge.

 

[Hawaiian]

Sadly the Oregon Supreme Court I suspect will overturn this injunction as most of them were appointed by Kate Brown. I wish we had gotten a different federal judge.

No matter what the ruling, one of the parties will appeal and it will be tied up in the courts for years.

 

[zomie]

No matter what the ruling, one of the parties will appeal and it will be tied up in the courts for years.

The hope is to get an injunction that sticks before then ... doesn't seem likely though unless it benefits the state.

 

[ilikegunspdx]

So.. a lawyer in a black robe with a history od deciding a certain way, decided a certain way anyhow, disregarding the Bruen decisions guidelines and going right back to the other way of guidance (public safety weighting).. those who have 10+ rd magazines in limbo with their guns.. go get them now!

Yep she is blatantly defying SCOTUS. Bruen instructed them to not balance individual right vs "societal good". But that's exactly her reasoning she wrote in her ruling (shootings went down after 2004 assault ban lifted, etc). She is really thumbing her nose at SCOTUS here in a blatant way. There will be no relief on this until it reaches SCOTUS.

 

[Member 53328]

Yep as long as it is out of state where they are allowed ...

It's not the 8th yet is it.

 

[USMC1911]

Yep she is blatantly defying SCOTUS. Bruen instructed them to not balance individual right vs "societal good". But that's exactly her reasoning she wrote in her ruling (shootings went down after 2004 assault ban lifted, etc). She is really thumbing her nose at SCOTUS here in a blatant way. There will be no relief on this until it reaches SCOTUS.

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