Oregon Measure 114 January 3rd 2023

[DragoonCabbage]

I don't see how the State can prevail on the 3 day rule, IT"S FED LAW, and the state cannot preempt FED laws with it's own state laws, it's covered by both Preemption and Supremacy! For Judge Racieo to find for the state here, would be highly unlikely, especially with how he has ruled thus far!

Federal law offers the 3-day waiting period. Oregon state law (pre-114) allowed for a 1-day release after the BGC acknowledgement code is received by the FFL. This is the provision that will be ruled on today (whether or not it will also be restrained along with the permitting requirements).

It's worth highlighting that under this state law, FFLs are explicitly granted exemption from any liability so long as they properly follow those conditions of release. While not necessarily relevant to this thread, I've seen endless musing about FFL liabilities for early release.

Edit to add correction:

Some clarification.... it's not a 3-day waiting period. It's a relief safeguard against governmental BGC delays. A waiting period would prohibit any release of any firearm prior to the 3rd day. Including instant approvals.

The 3-day is currently under injunction. The ruling will determine if the 3day law is severable from the permit provisions or not and if the injunction is lifted or not.

FFL's are bound by federal laws... whichever is greater. 3 is more than 1... so....

 

[solv3nt]

Has anybody created a thread with links to all the 114 threads yet?

That sounds like a lot of work. I think it's easier to just create a new thread.

 

[Yarome]

Federal law offers the 3-day waiting period. Oregon state law (pre-114) allowed for a 1-day release after the BGC acknowledgement code is received by the FFL. This is the provision that will be ruled on today (whether or not it will also be restrained along with the permitting requirements).

It's worth highlighting that under this state law, FFLs are explicitly granted exemption from any liability so long as they properly follow those conditions of release. While not necessarily relevant to this thread, I've seen endless musing about FFL liabilities for early release.

Some clarification.... it's not a 3-day waiting period. It's a relief safeguard against governmental BGC delays. A waiting period would prohibit any release of any firearm prior to the 3rd day. Including instant approvals.

The 3-day is currently under injunction. The ruling will determine if the 3day law is severable from the permit provisions or not and if the injunction is lifted or not.

FFL's are bound by federal laws... whichever is greater. 3 is more than 1... so....

 

[PiratePast40]

Kinda sorta. Bruen has no bearing on "some" of the elements of the various 114 hearings. Namely, those that are not being argued on a constitutional basis... (IE., the 3day safeguard)... however, any 2A related suit... state or federal... is still bound by the SCOTUS strict scrutiny law (Bruen).

Saint Raschio used Bruen as a basis for scrutiny under Oregon constitutional law on the mag ban injunction.

Once again, thank you for sharing your knowledge and clarifying things for us.

 

[Yarome]

Once again, thank you for sharing your knowledge and clarifying things for us.

Anything comes with the caveat, "to the best of my knowledge" and shouldn't be taken as fact. In this last hearing he did specifically state that Bruen has nothing to do with the case... as our side kept trying to push the 2A argument.,. and Judge Raschio had to remind him, again, it was not applicable to the scope of the hearing.

Kudos for trying (GOA I mean), but the judge was pretty clear right from the get go in his opening remarks what the scope of the hearing would be limited to. Severability.

 

[The Heretic]

Old (12.8.22) but informative:

A federal judge suggests that Oregon's 10-round magazine limit does not implicate the Second Amendment

Declining to block Oregon's 10-round magazine limit, a federal judge applies "means-ends scrutiny" by a different name.

reason.com

 

[br1sket]

https://twitter.com/x/status/1610400682548559872

 

[solv3nt]

We need a new thread for this.

 

[Ura-Ki]

Anything comes with the caveat, "to the best of my knowledge" and shouldn't be taken as fact. In this last hearing he did specifically state that Bruen has nothing to do with the case... as our side kept trying to push the 2A argument.,. and Judge Raschio had to remind him, again, it was not applicable to the scope of the hearing.

Kudos for trying (GOA I mean), but the judge was pretty clear right from the get go in his opening remarks what the scope of the hearing would be limited to. Severability.

Weather the Judge likes or admits it or not, He MUST apply the strict scrutiny of Bruen, even in a state case, which he appears to have done here!

 

[v0lcom13sn0w]

 

[nammac]

https://twitter.com/x/status/1610400682548559872

There's no "Charleston Loophole"…

Federal firearms law has a 3 days safety valve on BGC's, it's there to ensure that this civil right is not denied by delays…

 

[Nick Burkhardt]

Harney County Circuit Court Judge Robert S. Raschio ruled to continue to temporarily block Measure 114′s provision that would require the completion of a criminal background check before a gun can be sold or transferred. Oregon FFLs may still transfer a firearm after 3 days if a background check takes longer than three business days to complete.

 

[SonicBlue03]

The only "Charleston Loophole" that exists is lodged in the sheer ineffectiveness of the government to do its appointed job in background checks. "We suck at our jobs, so just call it a loophole."

 

[Droo]

 

[nammac]

As posted by Nick Burkhardt:

Harney County Circuit Court Judge Robert S. Raschio ruled to continue to temporarily block Measure 114′s provision that would require the completion of a criminal background check before a gun can be sold or transferred. Oregon FFLs may still transfer a firearm after 3 days if a background check takes longer than three business days to complete.

He surely did!

Measure 114′s background-check requirement that closes ‘Charleston loophole’ remains blocked by judge

On Tuesday, Harney County Circuit Judge Robert S. Raschio said he wouldn’t treat the background-check amendment separate from Measure 114′s permitting requirement to buy a gun, finding that the two are “inexorably linked.”

www.oregonlive.com

 

[zomie]

https://twitter.com/x/status/1610396100103639042

 

[SonicBlue03]

the direct link to the two page opinion if anyone wants to read it.

DocumentCloud

www.documentcloud.org

 

[solv3nt]

And here it is!

 

[br1sket]

I do believe the lack of a date for background check completion in measure 114 gave the judge no other choice. If he had banned 3 day FFL releases then OSP could stop processing BGCs entirely effectively violating the second amendment in perpetuity.

 

[solv3nt]

Oregon - M114 Judge Rejects State's request to block purchases without background check being completed

www.northwestfirearms.com

Seeeeeeeeeeeee!