Oregon Measure 114 litigation

[Yarome]

I'm not seeing a direct link between the Permit registry and the 4473, but,.......
All they have to do is cross reference the OSP to see anything recorded, cause we all know the OSP follows the law and destroys records after 5 years!

Yeah. It only says you have to present a valid permit at the time of purchase, but I don't know if the permits are numbered and the FFL's will have to record that to go into OSP, or it's simply a visual verification. There's not anywhere on the 4473 requiring it, but who knows about the submission protocol(?)

It's hardly as if they need it. Name, address, etc is going to match up in the permit registry. It would be kinda stoopid if OSP doesn't use the registry to confirm your permit is actually valid and hasn't been revoked for some reason, right?

While they're in there... badda bing! Update it with your new purchase info!

 

[ODG_Chad]

Wouldn't it be super swell if the people that voted for an unconstitutional measure were forced to 'donate' their tax returns to fight the validity of said measure?

Those of us that voted no get to keep our returns, of course.

 

[PiratePast40]

Latest from OFF:

Mz 114 Christmas Update​

12.22.2022

As you probably know, tomorrow there is a scheduled hearing in Harney County for a single element of Measure 114.

More on that in a minute.

First, a note to all our new members. The Federal lawsuit which OFF filed on behalf of Oregon gun owners (and ultimately all gun owners) has created an unprecedented backlog in our ability to properly process new members.

We have seen an outpouring of support unlike any we have experienced in our nearly 25 year history.

For those who have been with us for a while you know that we pride ourselves on responding to new members promptly. Usually within one day. Frankly, at this time that has been impossible.

Along with the massive surge in new supporters, we found ourselves quickly running out of the items we promise new members. First we ran out of ball caps. And while we reordered well before they were gone, our supplier simply could not provide a new delivery as quickly as we were shipping them out.

Then we had the same experience with our patches. The supply chain for these kind of items has not recovered since things went south during covid.

All these items have been reordered and now there is little we can do except anxiously await their arrival.

To all those new members who are waiting to receive these items we apologize for the delay. We are working overtime to respond to your donations and doing all we can to speed the delivery of them. We are also working daily with our legal time to best craft our strategy for the next step in our Federal lawsuit to stop Measure 114. Those demands are timed by the instructions from the Court and require our diligence.

So to all our new members, we thank you for your support and your patience and please know we are doing all we can and everything promised will be delivered as soon as possible.

Now on to 114.

As you are aware, there are two simultaneous legal battles taking place to block Measure 114. One on the state level is playing out in Harney County. Meanwhile in Federal Court there are 4 cases that are being consolidated, including ours. (The State lawsuit was brought by Gun Owners of America.)

The Court in Harney County has placed an injunction against Measure 114. That's the good news. But one element of the measure that was not argued was the proposed elimination of the rule that created a safeguard if the State Police failed to do their job and complete background checks in a timely manner.

Under both state and Federal law, if a background check is not completed or results in a denial within three business days, the gun dealer has the option (but NOT the requirement) to release the gun after that time period. Most dealers chose not to out of fear of liability.

This safeguard (which has proven to be essential now) was called a "loophole" by the anti-gun extremists behind Measure 114 and they wanted to eliminate it. Under the present circumstances it's obvious why this safeguard is so important.

As you can imagine, the state also wants to eliminate that safeguard.

The state is now doing all it can to delay transfers in hopes of Mz 114 taking effect at which point people waiting in the queue to take possession of the guns they already paid for will be out of luck since they will not have the required, but unavailable, permits to buy a firearm.

The Judge in Harney County has scheduled tomorrow as the day that issue will be argued.

If the Judge's past rulings are any indication, we expect and hope that he will rule against the state and leave the safeguard in place.

Considering the thousands of law abiding Oregonians who have been denied their rights and property, it would be the logical choice. But we will find out tomorrow.

Meanwhile, the Federal cases move on. The judge in the combined Federal cases ruled that Measure 114 could take effect. This meant that you no longer had the right to purchase a firearm without a personal interview with the police, a training course that did not exist, and you would be required to pay a hefty (and undetermined) fee.

It meant that the mere possession of standard ammo magazines could make you a criminal and you would no longer be able to buy most shotguns or take the ones you already own out of your house if they were in working condition.

The ruling stood a recent decision from the US Supreme Court on its head.

However, the actions of the Judge in Harney County put a hold on Measure 114 so, for right this minute, none of it is in effect.

The state has already tried to overturn the Harney County decision and failed. But you can rest assured they will try again as soon as possible.

If they are successful Mz 114 is back in effect. That's why we have to continue the costly Federal cases.

Should the Harney County rulings stand, that would be the best news we could imagine, but for now we simply cannot take that chance.

Tomorrow, and the next few days, will be bellwethers for the future of gun rights in Oregon.

We will, of course, be watching and reporting.

Here is a well done link on the progression of the State lawsuit:

https://www.einnews.com/pr_news/606693757/oregon-ballot-measure-114-everything-you-need-to-know-in-one-place-without-partisan-spin-and-in-chronological-order

Meanwhile, we wish you the safest and happiest Christmas. We are grateful for your support and patience and we can assure you we will not be taking any days off.

Thanks from everyone at Oregon Firearms.

 

[tkdguy]

I dunno, but this is how I see it going. Once your name is on the registry as a gun owner... anything going through OSP for a BGC... your name is gonna pop, cross index to the state registry and updated accordingly.

It's not necessary for the administrative side of the registry to be specifically outlined in the measur itself so... they ain't gonna make a registry if they don't plan to populate it with any and all info they can, IMHO.

For sure. Register your name is a register of firearms with people you can trust?

 

[tkdguy]

Latest from OFF:

Mz 114 Christmas Update​

12.22.2022

As you probably know, tomorrow there is a scheduled hearing in Harney County for a single element of Measure 114.

More on that in a minute.

First, a note to all our new members. The Federal lawsuit which OFF filed on behalf of Oregon gun owners (and ultimately all gun owners) has created an unprecedented backlog in our ability to properly process new members.

We have seen an outpouring of support unlike any we have experienced in our nearly 25 year history.

For those who have been with us for a while you know that we pride ourselves on responding to new members promptly. Usually within one day. Frankly, at this time that has been impossible.

Along with the massive surge in new supporters, we found ourselves quickly running out of the items we promise new members. First we ran out of ball caps. And while we reordered well before they were gone, our supplier simply could not provide a new delivery as quickly as we were shipping them out.

Then we had the same experience with our patches. The supply chain for these kind of items has not recovered since things went south during covid.

All these items have been reordered and now there is little we can do except anxiously await their arrival.

To all those new members who are waiting to receive these items we apologize for the delay. We are working overtime to respond to your donations and doing all we can to speed the delivery of them. We are also working daily with our legal time to best craft our strategy for the next step in our Federal lawsuit to stop Measure 114. Those demands are timed by the instructions from the Court and require our diligence.

So to all our new members, we thank you for your support and your patience and please know we are doing all we can and everything promised will be delivered as soon as possible.

Now on to 114.

As you are aware, there are two simultaneous legal battles taking place to block Measure 114. One on the state level is playing out in Harney County. Meanwhile in Federal Court there are 4 cases that are being consolidated, including ours. (The State lawsuit was brought by Gun Owners of America.)

The Court in Harney County has placed an injunction against Measure 114. That's the good news. But one element of the measure that was not argued was the proposed elimination of the rule that created a safeguard if the State Police failed to do their job and complete background checks in a timely manner.

Under both state and Federal law, if a background check is not completed or results in a denial within three business days, the gun dealer has the option (but NOT the requirement) to release the gun after that time period. Most dealers chose not to out of fear of liability.

This safeguard (which has proven to be essential now) was called a "loophole" by the anti-gun extremists behind Measure 114 and they wanted to eliminate it. Under the present circumstances it's obvious why this safeguard is so important.

As you can imagine, the state also wants to eliminate that safeguard.

The state is now doing all it can to delay transfers in hopes of Mz 114 taking effect at which point people waiting in the queue to take possession of the guns they already paid for will be out of luck since they will not have the required, but unavailable, permits to buy a firearm.

The Judge in Harney County has scheduled tomorrow as the day that issue will be argued.

If the Judge's past rulings are any indication, we expect and hope that he will rule against the state and leave the safeguard in place.

Considering the thousands of law abiding Oregonians who have been denied their rights and property, it would be the logical choice. But we will find out tomorrow.

Meanwhile, the Federal cases move on. The judge in the combined Federal cases ruled that Measure 114 could take effect. This meant that you no longer had the right to purchase a firearm without a personal interview with the police, a training course that did not exist, and you would be required to pay a hefty (and undetermined) fee.

It meant that the mere possession of standard ammo magazines could make you a criminal and you would no longer be able to buy most shotguns or take the ones you already own out of your house if they were in working condition.

The ruling stood a recent decision from the US Supreme Court on its head.

However, the actions of the Judge in Harney County put a hold on Measure 114 so, for right this minute, none of it is in effect.

The state has already tried to overturn the Harney County decision and failed. But you can rest assured they will try again as soon as possible.

If they are successful Mz 114 is back in effect. That's why we have to continue the costly Federal cases.

Should the Harney County rulings stand, that would be the best news we could imagine, but for now we simply cannot take that chance.

Tomorrow, and the next few days, will be bellwethers for the future of gun rights in Oregon.

We will, of course, be watching and reporting.

Here is a well done link on the progression of the State lawsuit:

https://www.einnews.com/pr_news/606693757/oregon-ballot-measure-114-everything-you-need-to-know-in-one-place-without-partisan-spin-and-in-chronological-order

Meanwhile, we wish you the safest and happiest Christmas. We are grateful for your support and patience and we can assure you we will not be taking any days off.

Thanks from everyone at Oregon Firearms.

Sent my $ support to OFF.

 

[SonicBlue03]

Harney County is closing the courtrooms at noon today due to inclimate weather. I'll be very surprised if they don't continue today's hearing into Tuesday.

 

[Yarome]

Harney County is closing the courtrooms at noon today due to inclimate weather. I'll be very surprised if they don't continue today's hearing into Tuesday.

If they do, it's not likely to be Tuesday. The state originally wanted a bit more time, but the judge said the last day was the 23rd. He won't have staff after that through the end of the year so... the 23rd or January... and he wasn't waiting for January. "It will be the 23rd"... he said.

So much for the state attempting a power play in HIS courtroom.

It "may" be the offices for public business are closing, but the hearing is continuing as scheduled until it's done(?) We'll soon see.

 

[SonicBlue03]

From the site:

Both Grant and Harney County Circuit Courts will be closing early on Friday, December 23, 2022 at 12:00 PM. Both courts will reopen Tuesday, December 27, 2022 at 8:00 AM.

 

[Yarome]

From the site:

Both Grant and Harney County Circuit Courts will be closing early on Friday, December 23, 2022 at 12:00 PM. Both courts will reopen Tuesday, December 27, 2022 at 8:00 AM.

Yup. We'll certainly find out soon enough.

Just sayin... a general announcement for the entire courthouse (with many offices) might not be all inclusive in the early shutdown and may not include all offices when they reopen after Christmas. There's more than just Judge Raschio's office in the building... but no matter... we'll find out.

Door #2... the hearing might only take an hour or two(?)

 

[Dust2Dollars]

Well hell, sitting here all frozen in with it not being safe to take a step outside without heading for the emergency room from it. Quit wondering if the hearing will still happen today and just call them. So I did. A nice lady named Stacey informed me that the measure 114 litigation will still be held today!

 

[sed]

Raschio entering the courtroom. Here we go...

 

[sed]

Judge Raschio hearing argument of whether or not the 3-day release provision can even be severed from the "permit to purchase" portion of the TRO.

GOA arguing that the 3-day release is too intertwined with the entire permit to purchase scheme to be removed/considered separate.
To sever, it would require a considerable rewrite of many of the provisions in the measure (terms referring to the buyer, etc).

Also arguing that there needs to be at a specific timeframe included in the measure, not just an indefinite, open-ended time for the state to complete the BGC.
GOA attorney cited that even in Illinois, it's required a BGC be completed within 30 days. Oregon needs to have some timeframe included.

 

[sed]

State attorney citing the "severability clause" that if any part of the measure is not enforceable, it shouldn't hold up the remaining parts of the measure that CAN be enforced.
State arguing that 3-day release should be severed immediately and allowed to be enforced now.

Judge countering saying that the severability could be considered "when" the measure is found to be unconstitutional. This "constitutional" consideration/challenge won't happen until AFTER the permit to purchase has been set up. Once permit system is setup, THEN Judge Raschio will consider constitutionality.

 

[VinnieBoomBah]

Judge countering saying that the severability could be considered "when" the measure is found to be unconstitutional.

Because, well . . . that is what it actuly says in 114

 

[sed]

State attorney really grasping at straws trying to explain to the judge how he could split up certain lines of the measure so half of the line be enforced now and the other half of the line could stay under the TRO??

 

[solv3nt]

State is arguing on the severability requirement of the ip114 wording within the measure.

 

[sed]

Judge will release an opinion letter on/before Jan 3, @ 5pm, about possibly severing the 3-day release portion from the existing TRO.
Also, stated there won't be another "status hearing" until March 7, or later, regarding the permit to purchase portion.

Hearing over.

 

[SonicBlue03]

Judge has another stellar day. Not just because he's not cutting us off at the knees, but because he's being even handed with both attorneys and not appearing biased. He's doing his job.

 

[Yarome]

I guess we don't have to worry about his extending the hearing.... it's done. Ruling to be made by Jan 03.

 

[PiratePast40]

Marshall seems to have a habit of telling judges what they can and cannot do. Is that his way of saying he wants their jobs or is threatening them?