Oregon Measure 114 litigation

[40nascar]

View attachment 2079677

A machine gun doesn't fire it's self. A human is needed for that

 

[Rkangel]

A disturbing conversation on the radio today about the pro 3075 legislators and lawyers suggesting that because all magazines can be disassembled for cleaning, and because extended baseplates exist that could "potentially and easily convert" magazines to more than ten rounds, then all magazines -even sub ten round mags- could be illegal and a felony under the the LEO's and prosecutor's undefined interpretation of constructive intent. While they tried to placate the listener by claiming constructive intent charges may be unlikely, they admitted there is no protection against frivolous charges in this bill, and possession of a single component could be considered constructive intent by activist prosecutors and judges.

 

[RVTECH]

legislators and lawyers suggesting that because all magazines can be disassembled for cleaning,and because extended baseplates exist that could "potentially and easily convert" magazines to more than ten rounds,

They don't know what the heck they are talking about.

'Extended baseplates'? Right. Baseplates are essentially flat and just support the spring.

It would take more than a baseplate as the BODY of the mag would have to be extended - which could be done by someone who knows how to fab and work sheet metal but not by the average person.

 

[VinnieBoomBah]

A disturbing conversation on the radio today about the pro 3075 legislators and lawyers suggesting that because all magazines can be disassembled for cleaning, and because extended baseplates exist that could "potentially and easily convert" magazines to more than ten rounds, then all magazines -even sub ten round mags- could be illegal and a felony under the the LEO's and prosecutor's undefined interpretation of constructive intent. While they tried to placate the listener by claiming constructive intent charges may be unlikely, they admitted there is no protection against frivolous charges in this bill, and possession of a single component could be considered constructive intent by activist prosecutors and judges.

Yeah, that has been covered before, but with 310 pages in this thread and who knows how many other threads it's easy to see why you might not have seen it

 

[Rkangel]

Yeah, that has been covered before, but with 310 pages in this thread and who knows how many other threads it's easy to see why you might not have seen it

Sorry if it has been brought up before. There are so many bad things about these laws it's hard for even the more informed people to keep up, so the signal gets lost in the static. While it is appreciated that some of this is finally getting air play, it's unfortunate that they didn't do it sooner.

 

[VinnieBoomBah]

Sorry if it has been brought up before. There are so many bad things about these laws it's hard for even the more informed people to keep up, so the signal gets lost in the static. While it is appreciated that some of this is finally getting air play, it's unfortunate that they didn't do it sooner.

I tried to word that so it was just an FYI and didn't come across like you should have known that already, I really can see how someone could miss that part in all the static. I hope it didn't come across as an attack

 

[Rkangel]

I tried to word that so it was just an FYI and didn't come across like you should have known that already, I really can see how someone could miss that part in all the static. I hope it didn't come across as an attack

No worries. I didn't take it as an attack. All's good

 

[arakboss]

They don't know what the heck they are talking about.

'Extended baseplates'? Right. Baseplates are essentially flat and just support the spring.

It would take more than a baseplate as the BODY of the mag would have to be extended - which could be done by someone who knows how to fab and work sheet metal but not by the average person.

This one will add 6rnds of capacity.

BattleSteel +6 Base Pad For Glock® Magazines

BattleSteel +6 Base Pad For Glock® Magazines On Sale - Best Tactical Gear Shop - botach.com

botach.com

 

[1775usmc]

They don't know what the heck they are talking about.

'Extended baseplates'? Right. Baseplates are essentially flat and just support the spring.

It would take more than a baseplate as the BODY of the mag would have to be extended - which could be done by someone who knows how to fab and work sheet metal but not by the average person.

Not exactly true. There are plenty of +2 or +5 or more base plates. They are extended and go on the bottom of the magazine to maximize capacity. They just replace the standard one and normally require a new spring. No fabrication needed.

 

[arakboss]

A disturbing conversation on the radio today about the pro 3075 legislators and lawyers suggesting that because all magazines can be disassembled for cleaning, and because extended baseplates exist that could "potentially and easily convert" magazines to more than ten rounds, then all magazines -even sub ten round mags- could be illegal and a felony under the the LEO's and prosecutor's undefined interpretation of constructive intent. While they tried to placate the listener by claiming constructive intent charges may be unlikely, they admitted there is no protection against frivolous charges in this bill, and possession of a single component could be considered constructive intent by activist prosecutors and judges.

This was the argument that our side made in the Harney Co Case. The Appeals Court rejected it because they feel there is some allowance for magazines and how easily they can be converted. We can look at other jurisdictions and see how they have dealt with it. Or we can wait until somebody in Oregon is charged with having a 10rnd or less capacity magazine that is too easy to convert to 11+. We are probably going to have to wait and long time for that to occur.

 

[RVTECH]

Not exactly true. There are plenty of +2 or +5 or more base plates. They are extended and go on the bottom of the magazine to maximize capacity. They just replace the standard one and normally require a new spring. No fabrication needed.

Got it. I was unaware of this.

 

[VinnieBoomBah]

The Appeals Court rejected it because they feel there is some allowance for magazines and how easily they can be converted.

 

[ilikegunspdx]

A disturbing conversation on the radio today about the pro 3075 legislators and lawyers suggesting that because all magazines can be disassembled for cleaning, and because extended baseplates exist that could "potentially and easily convert" magazines to more than ten rounds, then all magazines -even sub ten round mags- could be illegal and a felony under the the LEO's and prosecutor's undefined interpretation of constructive intent. While they tried to placate the listener by claiming constructive intent charges may be unlikely, they admitted there is no protection against frivolous charges in this bill, and possession of a single component could be considered constructive intent by activist prosecutors and judges.

That's very accurate and exactly what judge Raschio said in his ruling. That it effectively bans all mags.

 

[Rkangel]

This was the argument that our side made in the Harney Co Case. The Appeals Court rejected it because they feel there is some allowance for magazines and how easily they can be converted. We can look at other jurisdictions and see how they have dealt with it. Or we can wait until somebody in Oregon is charged with having a 10rnd or less capacity magazine that is too easy to convert to 11+. We are probably going to have to wait and long time for that to occur.

Which unfortunately is a lot like "we have to pass it before we can tell you what is in it". I wouldn't want to be the guinea pig for a law so poorly written that anyone and everyone could be considered a felon at whim.

 

[CamoDeafie]

Which unfortunately is a lot like "we have to pass it before we can tell you what is in it". I wouldn't want to be the guinea pig for a law so poorly written that anyone and everyone could be considered a felon at whim.

To the government, we're all criminals, just not yet convicted; by virtue of owning guns for ourselves and by virtue of being able to vote the bums out in theory

 

[arakboss]

Which unfortunately is a lot like "we have to pass it before we can tell you what is in it". I wouldn't want to be the guinea pig for a law so poorly written that anyone and everyone could be considered a felon at whim.

Unfortunately many of our laws are like this.

 

[Rkangel]

Unfortunately many of our laws are like this.

Yep.
Braces. Bumpstocks. Triggers. To name a few.

 

[ilikegunspdx]

Pertinent mag ban section of Raschio's ruling starts on page 27

raschiorulingnov21

www.documentcloud.org

 

[arakboss]

Yep.
Braces. Bumpstocks. Triggers. To name a few.

Distracted Driving, Hate Crimes, etc, etc, etc.

 

[Rkangel]

Starts to sound a lot like the Stalin era philosophy of "Show me the man and I will find the crime", doesn't it?