Oregon Measure 114 January 3rd 2023

[Buster1969]

Okay, cool story, call my local gun shop and tell them that..... they still aren't releasing even though they legally could...

Charleston loop hole is made up term from gun-grabbers, but knock yourself out by continuing to use it. And sounds like you need to find another gun shop.

 

[peteNW503]

Glad that the judge is still blocking the ruling! He understand the logistics behind this law. Yes they are further along in the permit to purchase process but the still got a ways to go! The people who drafted the law just want to see it in effect with no regards to the repercussions that will occur. I swear Raschio be on these forum taking a look at how real men or woman thinks!

 

[Paul2ball]

It looks like the 3 day rule was not severable and will continue on see article below.

Oregon judge rules new firearms background check requirements cannot go into effect

After taking more than a week to deliberate, circuit court judge Robert Raschio ruled Tuesday that the state cannot implement the additional background check requirement. Ballot Measure 114, which would create stricter gun laws in Oregon, is now blocked by state courts in its entirety pending a...

www.opb.org

 

[arakboss]

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

DocumentCloud

www.documentcloud.org

Thanks for link

 

[P7M13]

It looks like the 3 day rule was not severable and will continue on see article below.

Oregon judge rules new firearms background check requirements cannot go into effect

After taking more than a week to deliberate, circuit court judge Robert Raschio ruled Tuesday that the state cannot implement the additional background check requirement. Ballot Measure 114, which would create stricter gun laws in Oregon, is now blocked by state courts in its entirety pending a...

www.opb.org

Unbiased reporting by OPB there...

 

[tkdguy]

Any idea how the stores like bomart will respond now; I am at 40 days now and entered the system on 11/23/2022??? I purchased from bimart on 11/23/22.

 

[MichaelH]

Kind of unrelated, but Maxine Bernstein's reporting on this is a welcome suprise. I don't know anything about her, but she seems to give accurate and unbiased reports of what is happening in this case and I did not expect to see that at all from anybody reporting on this. Kudos to her.

She's just the legal affairs/courts reporter for the Oregonian, and she has been for sometime. She's seems like a pretty objective reporter.

 

[arakboss]

I bet none of the gun shops which weren't doing the charleston loop hole start doing it..

More business for the shops that are doing them.

 

[arakboss]

Awesome news!

Ironically, today was my first ever 3-day release transfer ever in my life. Two guns safely home now.

I am up to around a dozen now. Just picked up my Sig p320 40cal this morning. Filled out 4473 on Dec 29th.

My mind loves Judge Raschio's decision.

My wallet is going to hate it.

 

[Buckeyeguy98]

Is there a thread for the list of shops that are doing the 3 day rule. I was really thinking of just standing pat with what I have but this has been encouraging to say the least.

 

[Dust2Dollars]

Lawyers for Gun Owners of America submitted testimony from a man who spent nearly eight years doing background investigations for the Oregon State Police. Brian Jones said he left his job in April 2022 for many reasons.

"Among these reasons was my concern that the tone and culture of the Unit had changed dramatically during my tenure from 'let's process quickly and catch the bad guys' to 'how can we hang people's background checks up,'" Jones wrote in his testimony.

 

[arakboss]

Is there a thread for the list of shops that are doing the 3 day rule. I was really thinking of just standing pat with what I have but this has been encouraging to say the least.

I wish we had a running list where only the FFLs themselves could update their current status on transfers and background check release policies. Tigard Pawn is doing them for both transfers and purchases.

 

[Jade Falcon]

How long is the new stay valid for?

 

[Buckeyeguy98]

I wish we had a running list where only the FFLs themselves could update their current status on transfers and background check release policies. Tigard Pawn is doing them for both transfers and purchases.

Private party transfers or from manufacturers, do you know?

 

[arakboss]

Private party transfers or from manufacturers, do you know?

Both.

 

[Yarome]

She's just the legal affairs/courts reporter for the Oregonian, and she has been for sometime. She's seems like a pretty objective reporter.

I dunno. Caught her twice posting completely inaccurate info. The last time I recall off the top of my head was her reporting that the TRO on the permit portion had been extended "for 10 days" by judge Raschio. When in fact, it was an indeterminent TRO and the whole 10 day thing was only him saying that he would schedule a hearing "within 10 days" of the state notifying him that they had the permit system up and running... and ready for his review on constitutionality.

People make mistakes, but she never did go back and own up to her error and post a correction. Irresponsible reporting to let a falsehood she propagated to stand, IMHO.

 

[Yarome]

How long is the new stay valid for?

Indefinate. Post #97 has a link to his order. Please read.

 

[Yarome]

Any idea how the stores like bomart will respond now; I am at 40 days now and entered the system on 11/23/2022??? I purchased from bimart on 11/23/22.

The box/chain stores.... highly unlikely to do any different than they have been... while the 3day safeguard has remained intact all along. Todays ruling changed nothing. Simply maintaining the status quo.

 

[arakboss]

How long is the new stay valid for?

Until at least March 7th or when a higher court overrules this decision. I wouldn't dilly dally if you want to sneak in some more three day rule release transfers/purchases.

 

[MatthewDB]

Charleston loop hole is made up term from gun-grabbers, but knock yourself out by continuing to use it. And sounds like you need to find another gun shop.

What's even worse about calling it the "Charleston loop hole" is that Dylann Roof didn't get the gun by waiting 3 days!!! Dylann Roof came back as approved by NICS!

Source here: Washington Post: FBI: Breakdown in background check system allowed Dylann Roof to buy gun

The problem is that the Columbia police department reported Dylann Roof's arrest as a misdemeanor into the system. Roof was still awaiting trial on felony charges, and should have come back as denied.