Oregon Measure 114 litigation

[Lilhigbee]

We are about to see the Epic SmackDown we have been craving the last year and a half since Bruen came down, SCOTUS is likely going to take up the Assault Weapon Ban under special consideration outside it's normal schedule of cases, IF they take it up, and I'm betting they will, they will almost certainly Shove Bruen down the inferior courts throats, And Oregon BM 114 was specifically mentioned in the case filings, along with the Nutty 9th's tantrums over the long expected Benitias rulings, so this should take all Gun Control off the table permeantlly!

I really hope you are right, but they always seem to include enough weasel words in their decisions to allow for further cases. Even Bruen, for as much good as it did, has judges picking and choosing words to get around its clear intent. It doesn't take pages and pages to say, "The 2nd Amendment guarantees citizens the right to carry whatever they want, wherever they want, whyever they want." Unfortunately they have been lawyers too long and don't have it in themselves to be straight-forward.

 

[3MTA3]

The aloha spirit.

Yup "my feelings outweigh law"...let's see how far they get with that.

 

[raftman]

Oregonlive picked up the story:

Excerpt:

Lawyers for the state are asking the Oregon Court of Appeals to put a hold on a Harney County judge's ruling that found the voter-approved gun control Measure 114 is unconstitutional while they appeal the decision.

The state argued that Circuit Judge Robert S. Raschio got it wrong and also urged the appellate court to expedite the state's appeal.

If a hold were to be granted, the measure could take effect for the first time.

Full story:

Lawyers for state seek hold on Harney County judge’s ruling that found gun control Measure 114 unconstitutional

Meanwhile, the gun owners’ lawyer has sought to disqualify four Oregon Court of Appeals judges from hearing the case.

www.oregonlive.com

 

[Local Loader]

Oregonlive picked up the story:

Excerpt:

Lawyers for the state are asking the Oregon Court of Appeals to put a hold on a Harney County judge's ruling that found the voter-approved gun control Measure 114 is unconstitutional while they appeal the decision.

The state argued that Circuit Judge Robert S. Raschio got it wrong and also urged the appellate court to expedite the state's appeal.

If a hold were to be granted, the measure could take effect for the first time.

Full story:

Lawyers for state seek hold on Harney County judge’s ruling that found gun control Measure 114 unconstitutional

Meanwhile, the gun owners’ lawyer has sought to disqualify four Oregon Court of Appeals judges from hearing the case.

www.oregonlive.com

Have they listed a court date or a date that the appeals court will look at it?

 

[raftman]

Have they listed a court date or a date that the appeals court will look at it?

Not that I've seen yet but I'm not sure.

 

[solv3nt]

Does immergut still have a federal hold on the permit to purchase part?

 

[PiratePast40]

Does immergut still have a federal hold on the permit to purchase part?

Yes. The hold lasts until the state has a permit program in place.

 

[arakboss]

Do oral arguments need to be held first before the Court would allow (if they allow) Measure 114 restrictions to go into place while the trial is being litigated?

Edit I am trying to get a feel for how quickly the Harney County decision could be put on hold, if the Court decides to do so.

 

[Ura-Ki]

Does immergut still have a federal hold on the permit to purchase part?

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

 

[Local Loader]

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

That's if things go our way, which we can only hope for at the moment.

 

[VinnieBoomBah]

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

Probably, but also I can't shake the suspicion that this courts pro-2A rulings are more a happenstance of 'our' viewpoints overlapping with whatever it is that this court is actually doing.

Yeah, yeah, I know . . .

 

[CamoDeafie]

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

Itd be nice.

That's if things go our way, which we can only hope for at the moment.

Indeed

Probably, but also I can't shake the suspicion that this courts pro-2A rulings are more a happenstance of 'our' viewpoints overlapping with whatever it is that this court is actually doing.

Yeah, yeah, I know . . .

Yea... again..

Thomas and Alito, most likely to say all AWBs and mag bans unconstitutional, might suggest Congress repeal parts of NFA/GCA/FOPA laws if not whole of them

Roberts, most likely say some level of gun control ok

Gorsuch, Kavanaugh and Barrett, tossups/swings, might suggest keeping parts of NFA, GCA, FOPA

Kagan, Sotomayor and Jackson, most likely say AWBs, mag bans and other gun control laws perfectly fine

We might get a 5-4 decision either way, or we get 6-3 against us... we are unlikely to see a 6-3 in our favor after Bruen.

 

[nammac]

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

From your lips to Gods ears brother…

 

[Ura-Ki]

Itd be nice.

Indeed

Yea... again..

Thomas and Alito, most likely to say all AWBs and mag bans unconstitutional, might suggest Congress repeal parts of NFA/GCA/FOPA laws if not whole of them

Roberts, most likely say some level of gun control ok

Gorsuch, Kavanaugh and Barrett, tossups/swings, might suggest keeping parts of NFA, GCA, FOPA

Kagan, Sotomayor and Jackson, most likely say AWBs, mag bans and other gun control laws perfectly fine

We might get a 5-4 decision either way, or we get 6-3 against us... we are unlikely to see a 6-3 in our favor after Bruen.

I see just the opposite, remember, the Bruen decision was 6/3 (even the decents were weak sauce and almost interest balancing themselves ) and is binding across the FULL BENCH, so weather or not the individual Justices agree with it or not, Bruen is Binding "Settled Law" and would be quite dangerous to walk back parts of the Thomas opinion ( More then even Heller) to which the full court is bound! Worst case, the lefties hold their line and we still get a 6/3 split, with the ONLY issue in real doubt would be the permit to purchase, which if skillfully argued,, should be a slam dunk, and I suspect the Pro 2nd teams know this well and are making ready for that part!

Then there is the Post Bruen Temper Tantrums, especially those Deep Blue States who have been thumbing their noses at the Bruen decision in major attempts to test the limits of Bruen, find workarounds, and now with Hawaii's insanity in full view, the 9ths shenanigans, plus Cali and NewYawk, and Illinois, plus the various other inferior courts obvious attempts to side step Bruen, I see the court getting really pissed at being ignored and taking things further then Roberts might normally allow, and I see Thomas really cracking skulls after his epic ruling has been laughed at by the lefties!


We will see, I expect to see a quantum shift in how future 2nd cases are brought to the courts, and especially the SCOTUS, as in, "You better make DAMN SURE your 2nd case is rock solid before you even attempt to take it to court, let alone legislate on it,.............As it always should have been! I also see the court taking the States to task in what are essentially frivolous cases meant to cause as much harm against their populous as possible!

 

[CamoDeafie]

I see just the opposite, remember, the Bruen decision was 6/3 (even the decents were weak sauce and almost interest balancing themselves ) and is binding across the FULL BENCH, so weather or not the individual Justices agree with it or not, Bruen is Binding "Settled Law" and would be quite dangerous to walk back parts of the Thomas opinion ( More then even Heller) to which the full court is bound! Worst case, the lefties hold their line and we still get a 6/3 split, with the ONLY issue in real doubt would be the permit to purchase, which if skillfully argued,, should be a slam dunk, and I suspect the Pro 2nd teams know this well and are making ready for that part!

Then there is the Post Bruen Temper Tantrums, especially those Deep Blue States who have been thumbing their noses at the Bruen decision in major attempts to test the limits of Bruen, find workarounds, and now with Hawaii's insanity in full view, the 9ths shenanigans, plus Cali and NewYawk, and Illinois, plus the various other inferior courts obvious attempts to side step Bruen, I see the court getting really pissed at being ignored and taking things further then Roberts might normally allow, and I see Thomas really cracking skulls after his epic ruling has been laughed at by the lefties!


We will see, I expect to see a quantum shift in how future 2nd cases are brought to the courts, and especially the SCOTUS, as in, "You better make DAMN SURE your 2nd case is rock solid before you even attempt to take it to court, let alone legislate on it,.............As it always should have been! I also see the court taking the States to task in what are essentially frivolous cases meant to cause as much harm against their populous as possible!

I don't have as much faith in SCOTUS as you do.

 

[Yarome]

If SCOTUS takes the assault weapon ban case, immergut fed case is screwed, as will all other fed cases involving this type of issue, so mag bans and permits ans all that will go by by! Thanks to Hawaii, we can be absolutely sure SCOTUS will take this and absolutely Crush all these current cases! Dosnt matter if the State tries to implement beforehand, once it hits, they will get the sh!t sued out of them, and im hearing rattlings of civil suits against the major players for bringing all this upon us!

The mag ban portion of 114 would be made moot, but the remainder, which is more egregious IMHO... would still stand in full affect. Written into the measure that if one provision is struck down the others remain.

Lest we forget... we're on borrowed time until 114 is cloned and codified through the legislature. Likely with additional provisions we certainly aren't going to like.

 

[Ura-Ki]

I don't have as much faith in SCOTUS as you do.

Actually, I have less faith then YOU, these are fancy lawyers after all, the most shifty of them all, which makes them the most dangerous, so we can only hope they hold to past rulings and don't decide to shake things up for the hell of it!

 

[GrayGoose]

Actually, I have less faith then YOU, these are fancy lawyers after all, the most shifty of them all, which makes them the most dangerous, so we can only hope they hold to past rulings and don't decide to shake things up for the hell of it!

I have zero faith with anyone in power who brings their politics to work with them. There is no place for politics in the courts, but unfortunately the courts are driven by politically biased eaters in black robes.

 

[VinnieBoomBah]

don't decide to shake things up for the hell of it!

There's also the problem of politicians, and I think it's totally fair to include Supreme Court justices under the banner of politician, being concerned about their legacy and wanting to make sure they leave their mark on history. It's certainly not a new phenomenon and I don't know that there's enough actual research to pin it on one party over the other, I think it goes across-the-board, but I think there's some fairly good examples from the past or something dumb was done just so politician could die with the knowledge that history would remember them

 

[nammac]

The mag ban portion of 114 would be made moot, but the remainder, which is more egregious IMHO... would still stand in full affect. Written into the measure that if one provision is struck down the others remain.

Lest we forget... we're on borrowed time until 114 is cloned and codified through the legislature. Likely with additional provisions we certainly aren't going to like.

All the more reason we need to remain vigilant this legislative session. Have to keep the current party in charge from running roughshod over the Constitution and our Constitutional Rights.

We, as gun owners, Constitutionalists and lovers of Freedom and Liberty will need to take a page from their game-book and become a cohesive and disruptive group. It'll be the only way to effect meaningful change.