Oregon Measure 114 litigation

[Camelfilter]

...Wonder how much this is costing us.

Magically not having any funding for public defenders...

 

[arakboss]

The takeaway for me, is buy now. I don't trust that the Oregon Supreme Court will be as rational as the Harney County judge.

 

[_Will_]

The takeaway for me, is buy now. I don't trust that the Oregon Supreme Court will be as rational as the Harney County judge.

I've been considering buying also. Only with the 3 day rule however. Which begs the next question.

According to this post from Rob Romano Both parties agree to extend the injunction to 3/8/22? If im understanding correctly. Then it says "both parties disagree".

This is in the OFF v Brown case. But could give us a glimpse of how the Harney County case with Judge Raschio might go this Friday?

https://twitter.com/x/status/1605375085333942272

 

[arakboss]

I've been considering buying also. Only with the 3 day rule however. Which begs the next question.

According to this post from Rob Morano. Both parties agree to extend the injunction to 3/8/22? If im understanding correctly. Then it says "both parties disagree".

This is in the OFF v Brown case. But could give us a glimpse of how the Harney County case with Judge Raschio might go this Friday?

https://twitter.com/x/status/1605375085333942272

My hope is the judge will wait until after the holidays to give ruling on three day. That will give us more time to get some three day releases.

 

[Yarome]

My takeaway.... they are confusing their woke backroom talks with the opposition and a court of law.

Basically, let's negotiate. We'll agree to wait on the permits if you give us the mag ban... followed by a threat. In a court, it's either legal or it ain't. Judge Raschio already ruled on the legality an I highly doubt he's going to play ball with their BS "negotiations".

He's kinda got em by the nethers and it's pretty weak for them to try and negotiate their way out of it.

 

[nammac]

I just read the whole thing and my heads hurts. Biggest takeaway for me was the number of lawyers we're paying the state to ram this thing up our behinds! Looks like we're paying nine of them. Wonder how much this is costing us.

Shouldn't LEVO and Knuteson be footing the bill for the states legal representation? Why are the taxpayers left with the bill for their ill conceived abortion of a ballot measure?

 

[Yarome]

My hope is the judge will wait until after the holidays to give ruling on three day. That will give us more time to get some three day releases.

He already stated he would not rule from the bench on the 3day. Said he will carefully consider the arguments on the 23rd and have a ruling by Jan 3rd.

 

[_Will_]

He already stated he would not rule from the bench on the 3day. Said he will carefully consider the arguments on the 23rd and have a ruling by Jan 3rd.

Is their a transcript of this?

 

[Yarome]

Is their a transcript of this?

I'm 100% positive there is a court transcript but I'm not aware of it posted anywhere for review. To be fair though.. I haven't looked. I wasted an entire day watching the circus and just took notes.

 

[solv3nt]

I'm 100% positive there is a court transcript but I'm not aware of it posted anywhere for review. To be fair though.. I haven't looked. I wasted an entire day watching the circus and just took notes.

Well snap. I was holding out until Friday to make a purchase to possibly use the three day.

 

[_Will_]

I'm 100% positive there is a court transcript but I'm not aware of it posted anywhere for review. To be fair though.. I haven't looked. I wasted an entire day watching the circus and just took notes.

"
Raschio said he will hold a hearing within 10 days of being notified the permit-to-purchase system is ready to determine if it is constitutional. He scheduled a hearing for Dec. 23 on the background check provisions in Measure 114."

I found two articles verifying your comments above. Thanks for sharing this. I think most people including FFLs were waiting and biting their nails to see what happens on the 23rd

Oregon judge issues injunction blocking high-capacity magazine ban

An Oregon circuit court judge has issued a preliminary injunction blocking the state’s voter-passed restrictions on firearm sales and magazine capacities from taking effect.

www.google.com

▶️ Oregon judge blocks Measure 114 large-capacity magazine ban

An Oregon Circuit Court judge in Harney County has ordered a temporary injunction on the ban on large-capacity magazines that are part of Oregon's new voter-approved gun control law.Judge Robert Ras

centraloregondaily.com

 

[solv3nt]

"
Raschio said he will hold a hearing within 10 days of being notified the permit-to-purchase system is ready to determine if it is constitutional. He scheduled a hearing for Dec. 23 on the background check provisions in Measure 114."

I don't know that I have the time to make an order AND get my three day in before the third.

 

[_Will_]

I don't know that I have the time to make an order AND get my three day in before the third.

If its a pistol, most get shipped 2nd day air. Unless its getting sent UPS ground. I would think if you started no later than 28th-29th you should be ok.

 

[Yarome]

I don't know that I have the time to make an order AND get my three day in before the third.

"No later than the 3rd". Last time on the mag ban he said "no later than the 16th" and dropped his ruling on the 15th. I wouldn't wait.

I thought you were joking about waiting until the day of the hearing before ordering... making fun of so many that wait until the last possible second then cry when they can't get their smoke makers fast enough. Tsk tsk tsk...

 

[solv3nt]

"No later than the 3rd". Last time on the mag ban he said "no later than the 16th" and dropped his ruling on the 15th. I wouldn't wait.

I thought you were joking about waiting until the day of the hearing before ordering... making fun of so many that wait until the last possible second then cry when they can't get their smoke makers fast enough. Tsk tsk tsk...

LOL, I have been contemplating getting a 243 for the kids to hunt with later. I've been a bit hesitant with the uncertainty and the state slow dancing BGCs. I have an AR10 lower I can build out.

 

[Yarome]

LOL, I have been contemplating getting a 243 for the kids to hunt with later. I've been a bit hesitant with the uncertainty and the state slow dancing BGCs. I have an AR10 lower I can build out.

That's a pretty sweet huntin rifle for youngers. What.... you like em that much or something??

AR10's valid too, but as a "first" rifle I prefer introducing them to more classic varieties with a focus on precision shooting and bolt manipulation. Kinda like with driving and making them learn manual transmissions first. They can move on from that on their own, but at least they have that foundation to build from.... and be familiar and proficient on any platform.

She's a nice shooter, that one!

 

[solv3nt]

That's a pretty sweet huntin rifle for youngers. What.... you like em that much or something??

AR10's valid too, but as a "first" rifle I prefer introducing them to more classic varieties with a focus on precision shooting and bolt manipulation. Kinda like with driving and making them learn manual transmissions first. They can move on from that on their own, but at least they have that foundation to build from.... and be familiar and proficient on any platform.

She's a nice shooter, that one!

Whelp, I ordered a stainless Winchester 70 with a B&C stock in 243.

 

[Yarome]

Whelp, I ordered a stainless Winchester 70 with a B&C stock in 243.

Trying to up your "worlds greatest dad" ranking, hu? That should at least get you a "2nd" mug... if you don't already have one.

Certainly can't go wrong with a 70. Good luck with the shipping and BGC. I'm still holding out faith on Judge Raschio.

 

[MountainGirl]

He already stated he would not rule from the bench on the 3day. Said he will carefully consider the arguments on the 23rd and have a ruling by Jan 3rd.

Is their a transcript of this?

Page 9 of the Joint Status Report:

https://storage.courtlistener.com/recap/gov.uscourts.ord.170381/gov.uscourts.ord.170381.61.0.pdf

"The Court also entered three orders:

 a temporary restraining order enjoining the permit-to-purchase provisions indefinitely until a hearing to dissolve the order is held within ten days of Defendants' request (Ex. 3);

 a second temporary restraining order preventing enforcement of the background check amendments. The Circuit Court has scheduled a further hearing on December 23 concerning whether its preliminary injunction order should be narrowed to exclude the background check amendments (Measure 114, §§ 6(3)(c), 7(3)(d)(B), and 8(3)(c)) and said it will issue a letter opinion addressing that issue by 5 p.m. on January 3, 2023); and

 a third order preliminarily enjoining the large-capacity magazine provisions. By January 15, the Defendants, who are also defendants in these cases,1 intend to seek in the Oregon Supreme Court a writ of mandamus instructing the Harney County Circuit Court to dissolve this order. "

*****
(My bolding)

Also - I like that the Report details out the problems with the delays in FFLs releasing the firearms and the changes made in OSP approval methodology. The Court's aware now, if nothing else.

 

[nwslopoke]

Shouldn't LEVO and Knuteson be footing the bill for the states legal representation? Why are the taxpayers left with the bill for their ill conceived abortion of a ballot measure?

Because they are a front organization. If this was for a stop light or some other mundane legislation, ok. But this is over constitutionally protected access. The state legislatures know they can't (aren't supposed to) tackle that head on. They are trying to fool everyone that this is legal.