Oregon Measure 114 litigation

[ilikegunspdx]

Click to embiggen, screen shot from HB 3075 as introduced. Note "permanently and voluntarily relinquished", language.View attachment 2076325

I read that to mean people that are like, "I heard they are illegal now, I guess I'll go turn it in at the police station". Not during the police interaction. Similar to bump stocks where people could turn them in voluntarily and permanently to ATF. That's why it's right before "or a buyback event". That's how I read it.

 

[CamoDeafie]

I read that to mean people that are like, "I heard they are illegal now, I guess I'll go turn it in at the police station". Not during the police interaction. Similar to bump stocks where people could turn them in voluntarily and permanently to ATF. That's why it's right before "or a buyback event". That's how I read it.

It does say to LEO, OR. Not ",And/Or". Nitpicking but I can easily see this going.

LEO-"So I see you have an AR in your vehicle(or on your person), got any illegal magazines you wanna give up before I write you up and arrest you on the spot?" Never mind that the magazines may be already locked and separate in a box or in trunk if AR is visible.


Do remember, I think it was Portland or State of Oregon that basically said the inside of your vehicle is a 'public place" when on public roads and therefore no expectation of privacy

 

[Camelfilter]

...Do remember, I think it was Portland or State of Oregon that basically said the inside of your vehicle is a 'public place" when on public roads and therefore no expectation of privacy

I thought it was Portland, or State of Oregon that said vehicles are homes...

 

[CamoDeafie]

I thought it was Portland, or State of Oregon that said vehicles are homes...

State v. Ward

State v. Ward

law.justia.com

Found the relevant case and apparently it is relating to firearms too so doubly relevant to the subject at hand.

 

[CamoDeafie]

Oooh

"According to the state, because ORS 161.015(10) defines streets and highways as public places, local governments may regulate the possession of a loaded firearm on their streets or highways, regardless of whether the firearm--while on the street or highway--is also inside a motor vehicle or other container."

From that link provided. Looks like just having magazines in a locked container separate from the firearm may not be free from search/seizure.

Edit so basically maybe just Portland area but police may decide to be jerkwads and demand you open your container to show you don't have loaded large capacity magazines or something.

 

[Savage Jav]

State v. Ward

State v. Ward

law.justia.com

Found the relevant case and apparently it is relating to firearms too so doubly relevant to the subject at hand.

This cop is the exact reason why people have a distain for police.

Edit: He already had the guy on charges and decided to go for more.

 

[1775usmc]

How would they get confiscated?

Why would you consent to a search, if you aren't doing anything illegal?

Then, for folks truly following whatever goofieness of the law (that isn't even implemented yet), transporting standard capacity magazines in a "lockable" case...wouldn't another warrant be required for a LEO to open the "lockable case"?

You sir actually understand your rights. Congratulations. It's amazing how many people don't know what a cop can and can not do.

Fear of LE baffles me. They will take your incompetence/unknowing and abuse it.

 

[1775usmc]

Oooh

"According to the state, because ORS 161.015(10) defines streets and highways as public places, local governments may regulate the possession of a loaded firearm on their streets or highways, regardless of whether the firearm--while on the street or highway--is also inside a motor vehicle or other container."

From that link provided. Looks like just having magazines in a locked container separate from the firearm may not be free from search/seizure.

Edit so basically maybe just Portland area but police may decide to be jerkwads and demand you open your container to show you don't have loaded large capacity magazines or something.

That's illegal. They have to have PC and a warrant. There are only a few scenarios you can search without it.

And if they ask about mags the simple answer is "NO."

 

[CamoDeafie]

That's illegal. They have to have PC and a warrant. There are only a few scenarios you can search without it.

Doesn't stop corrupt power tripping cops from abusing their authority

 

[1775usmc]

Doesn't stop corrupt power tripping cops from abusing their authority

Sure. Sue the hell out of them.

The more time goes on the more I loose respect for that profession.

 

[CamoDeafie]

Sure. Sue the hell out of them.

With good resources yeah.

How many people do you know that would just "go along to get along" though

The more time goes on the more I loose respect for that profession.

Indeed. My father would not be proud to say he supported police anymore if he were still alive.

 

[1775usmc]

With good resources yeah.

How many people do you know that would just "go along to get along" though



Indeed. My father would not be proud to say he supported police anymore if he were still alive.

That's cause Americans are dumb.

 

[40nascar]

Well, for me, it's gonna wind up with standard capacity mags stay at home, and I will have 10 rounders for outside of the house. I also suggest buying cheap standard cap mags. I have ETS mags for the range. Some of them were as little as 5 dollars each. I consider them disposable anyway.

If one of those gets confiscated, I am out 5 to 7 bucks. I will comply with the law once it;s in effect. I don't want a misdemeanor or a felony on my record. I mean just look at Joshua Yoder. I don't want any of those kinds of problems. That;s not a fight I can afford.

As for concealed carry, it's either a 1911 or my revolver.

ETS mags are crappola. You'd be better off with KCI'S, which are much better, and just as inexpensive.

 

[WillametteWill]

That's illegal. They have to have PC and a warrant. There are only a few scenarios you can search without it.

And if they ask about mags the simple answer is "NO."

There are exceptions for searching vehicles because they can move and the evidence would be lost. Being retired and no longer teaching baby cops, I have not kept up on search and seizure laws and case decisions in this area. But this has never meant that you can search something 'just because." Bad cops make bad case law. Weak PC, (or worse, no PC), and other sketchiness from bad cops is hated by good cops.

 

[1775usmc]

There are exceptions for searching vehicles because they can move and the evidence would be lost. Being retired and no longer teaching baby cops, I have not kept up on search and seizure laws and case decisions in this area. But this has never meant that you can search something 'just because." Bad cops make bad case law. Weak PC, (or worse, no PC), and other sketchiness from bad cops is hated by good cops.

Case laws are worth read for citizens. I'm just saying if you get pulled over for a traffic violation they can't just search your car. Unless of course plain view doctrine comes into play. So if you're riding around with stuff in the broad daylight in liberal Portland don't be surprised if you get jammed up. There is a level of intelligence that goes along with this.

Gun owners are so afraid of LE. I don't understand it. We aren't in a police state. We still have rights. If you conceal carry and do it correctly you have absolutely nothing to worry about. Know your rights as a citizen. It's our job. No one is going to teach us. We have to ourselves.

This whole living in fear thing is beyond me.

 

[RVTECH]

I admit this forum is the only place I am getting info on the magazine part of this and am a bit confused over the 'designated shooting areas' part of it.

I ONLY shoot in the NF so not knowing if this is considered a 'designated shooting area' per 114
It is NOT my intent to try to 'challenge' the law or bring any problems upon myself so I guess I'll have to look into it deeper and hopefully find an answer.

 

[1911Fanatic]

Ets mags are crappola. You'd be better off with KCI'S, which are much better, and just as inexpensive.

I won't use the ETS mags for carry. They are just for the range. And yes KCI mags are pretty great. I have some. I like the ETS mags because they are clear.

 

[1911Fanatic]

I admit the this forum is the only place I am getting info on the magazine part of this and am a bit confused over the 'designated shooting areas' part of it.

I ONLY shoot in the NF so not knowing if this is considered a 'designated shooting area' per 114
It is NOT my intent to try to 'challenge' the law or bring any problems upon myself so I guess I'll have to look into it deeper and hopefully find an answer.

I'd say, unless you have a CHL, put everything in your trunk. And if you do have a CHL, it's probably best to have it holstered on your person.

There used to be an exception for motor homes. They are actual homes. or at least they used to be. My dad always took his Beretta in his on trips to Palm Desert in CA. Of course, don't lay it on the dash. And who's gonna suspect an 80 year old driving a Marathon Coach.

 

[raftman]

Apparent confirmation that BGC's are continuing to process until further notice.

 

[Dozer99]

The que was about 25 or 26 people yesterday around 2pm. I went from 25 to approved in 15 minutes. (first time ever without an instant approval). So yes they are still processing BGC's.