Oregon Measure 114 litigation

[Local Loader]

What does this mean then?

Oregon Supreme Court upholds order blocking Measure 114 gun control law

Though the justices acknowledged “the legal status of Measure 114 is of significant concern to many Oregonians,” they declined to get involved at this point.

www.kgw.com

They took the page down lol
Also, does anyone remember what the case name is for this?

 

[solv3nt]

They took the page down lol
Also, does anyone remember what the case name is for this?

Case #bullbubblegum.

 

[PiratePast40]

The states appeal petition has been published. As soon as I find a way to link or post I'll do so. Unfortunately, it's a .pdf document. Since we can't post pdfs on this site, will need to wait until someone else publishes it and we can link it.

 

[PiratePast40]

They took the page down lol
Also, does anyone remember what the case name is for this?

Theres are the two numbers on the front page of the petition:

Harney County Circuit CourtNo. 22CV41008

CA A183242

 

[bcp]

Numbers go to this:

CONTENTdm

cdm17027.contentdm.oclc.org

Bruce

 

[PiratePast40]

Appeal Petition

Link to the actual appeal is above. Put on your wading boots, the chit is pretty deep.

 

[arakboss]

Appeal Petition

Link to the actual appeal is above. Put on your wading boots, the chit is pretty deep.

This is the closest info I could find that would suggest a schedule.

 

[ilikegunspdx]

Appeal Petition

Link to the actual appeal is above. Put on your wading boots, the chit is pretty deep.

I didn't read it but table of contents looks like they are rehashing the same arguments as before. Fe saying large magazines were not used in 1859. Did they not read Rashio's ruling? He went to great lengths examining the question and all evidence pointed to the people of that time using the most effective weapons available to them.

The internet didn't exist in that time but they still used the best method of communications available. It's such a stupid and false argument on the part of the state.

Can't stomach reading the thing but here is that blurb from table of contents fyi.

 

[PiratePast40]

Wondering about the desire to get an actual hearing as soon as possible. Perhaps Rosenbloom wants it resolved before she resigns so she can say how great of an AG she was?

 

[ilikegunspdx]

Wondering about the desire to get an actual hearing as soon as possible. Perhaps Rosenbloom wants it resolved before she resigns so she can say how great of an AG she was?

If you look at their rhetoric they say, "it's an emergency" "every day counts" and Levo recently said "there have been 600 shootings that could have been prevented if m114 started back in 2023" or some such bull sh!t. They think that the normal situation that has existed since we were a country is all of a sudden and emergency that must be stopped today! It's all bubbleguming bullbubblegum. I'm not saying that's the reason, just pointing out their rhetoric. I don't know the reason. Could it have anything to do with getting it resolved before the legislature meets again or something?

 

[PiratePast40]

If you look at their rhetoric they say, "it's an emergency" "every day counts" and Levo recently said "there have been 600 shootings that could have been prevented if m114 started back in 2023" or some such bull sh!t. They think that the normal situation that has existed since we were a country is all of a sudden and emergency that must be stopped today! It's all bubbleguming bullbubblegum. I'm not saying that's the reason, just pointing out their rhetoric. I don't know the reason. Could it have anything to do with getting it resolved before the legislature meets again or something?

This session is scheduled to end March 10th. If they got a favorable ruling, could push it through this session for bragging rights on the campaign trail. They might even call an emergency session to pass the newest version of SB348 that was supposed to implement M114. After all, it's for the children!

 

[Pete F]

I didn't read it but table of contents looks like they are rehashing the same arguments as before. Fe saying large magazines were not used in 1859. Did they not read Rashio's ruling? He went to great lengths examining the question and all evidence pointed to the people of that time using the most effective weapons available to them.

The internet didn't exist in that time but they still used the best method of communications available. It's such a stupid and false argument on the part of the state.

Can't stomach reading the thing but here is that blurb from table of contents fyi.

View attachment 1821819

I recall the 1859 date, but what does it entail? Is it really part of the Supreme Courts decision? Does it carry any weight or is it something the Liberal Left focused on and interpreted to their liking?

Doesn't in common use trump 1859? Two years later, the Gatling gun was in use using a high capacity, for the time, magazine.

Just thinking out-load.

One of my favorite law words are "arbitrary and capricious." It seems to fit their arguments.

 

[ilikegunspdx]

I recall the 1859 date, but what does it entail? Is it really part of the Supreme Courts decision? Does it carry any weight or is it something the Liberal Left focused on and interpreted to their liking?

Doesn't in common use trump 1859? Two years later, the Gatling gun was in use using a high capacity, for the time, magazine.

Just thinking out-load.

OR as a state date I think? Tech at the time is irrelevant as raschio pointed out very well in his judgement. They consistently used the best tech (most effective guns) available to them at the time.

First ammendment is a corrolary imo. Pen and paper, telegraph, telephone etc. people use the technology of the time to exercise their right. Now we use tv, internet etc. (Raschio didn't say this).

 

[CamoDeafie]

I recall the 1859 date, but what does it entail? Is it really part of the Supreme Courts decision? Does it carry any weight or is it something the Liberal Left focused on and interpreted to their liking?

Doesn't in common use trump 1859? Two years later, the Gatling gun was in use using a high capacity, for the time, magazine.

Just thinking out-load.

Historical analog/analysis of tradition, with respect to when Oregon became a State, which was Feb 14th, 1859.

Edit. It was based on Bruen methology but for State because State Constitution was the document to which Raschio judged whether or not M114 violated State Constitution and based on Oregon's history and traditions, not necessarily Federal history/tradition

 

[Pete F]

OR as a state date I think? Tech at the time is irrelevant as raschio pointed out very well in his judgement. They consistently used the best tech (most effective guns) available to them at the time.

First ammendment is a corrolary imo. Pen and paper, telegraph, telephone etc. they use the technology of the time to exercise their right. Now we use tv, internet etc. (Raschio didn't say this).

Historical analog/analysis of tradition, with respect to when Oregon became a State, which was Feb 14th, 1859.

Edit. It was based on Bruen methology but for State because State Constitution was the document to which Raschio judged whether or not M114 violated State Constitution and based on Oregon's history and traditions, not necessarily Federal history/tradition

Thank you, no coffee today. It gets so convoluted and confusing that it gets blender-ed in my brain. It is tough to keep all of the Court judgements and suits arranged in my mind, and I was a Nuclear Engineer in Health Physics.

 

[Librarian]

Appeal Petition

Link to the actual appeal is above. Put on your wading boots, the chit is pretty deep.

Yes, indeed. Same old, same old.

 

[VinnieBoomBah]

"If you have the facts on your side, pound the facts; if you have the law on your side, pound the law; if you have neither the facts nor the law, pound the table."

 

[ilikegunspdx]

Looks like the motion to start m114 was filed on Friday:

Oregon files motion to implement Measure 114 amid legal battle

Oregon Attorney General Ellen Rosenblum is hoping to get a judge to reinstate Measure 114 while legal challenges against the voter-approved measure persist.

www.koin.com

 

[Bolt_308]

Looks like the motion to start m114 was filed on Friday:

Oregon files motion to implement Measure 114 amid legal battle

Oregon Attorney General Ellen Rosenblum is hoping to get a judge to reinstate Measure 114 while legal challenges against the voter-approved measure persist.

www.koin.com

I am shocked and kinda impressed that the article actually included not only the quotes from the attorney Tony fighting this, but even included the actual link to where people can go to donate to fight 114:

 

[arakboss]

I recall the 1859 date, but what does it entail? Is it really part of the Supreme Courts decision? Does it carry any weight or is it something the Liberal Left focused on and interpreted to their liking?

Doesn't in common use trump 1859? Two years later, the Gatling gun was in use using a high capacity, for the time, magazine.

Just thinking out-load.

One of my favorite law words are "arbitrary and capricious." It seems to fit their arguments.

I think the Bruen Decision is going to bite us in the bum. I don't understand why the SCOTUS set us up like that. 1A cases aren't decided by ancient free speech restrictions, why is the 2A?