Oregon Measure 114 litigation

[greghaz]

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.

He was a good lawyer and is proving himself to be a good judge.

 

[_Will_]

All hail Raschio!! Stand before thee

 

[Yarome]

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?

He certainly does. Trying to tell a judge how to judge... I fail to see how that's very smart. Extremely arrogant little plick.

He did tone it down a lot today though. The mag ban hearing... I think the judge slapped him enough times he realized a bit not to mess with the bull, but still can't seem to help himself entirely.

 

[greghaz]

He certainly does. Trying to tell a judge how to judge... I fail to see how that's very smart. Extremely arrogant little plick.

He did tone it down a lot today though. The mag ban hearing... I think the judge slapped him enough times he realized a bit not to mess with the bull, but still can't seem to help himself entirely.

Indeed. No shortage of arrogance in AG's office.

 

[lucas23]

So in layman's terms can someone do a short summary where 114 stands for right now and maybe a prediction where it's going in the short term?

 

[PiratePast40]

He certainly does. Trying to tell a judge how to judge... I fail to see how that's very smart. Extremely arrogant little plick.

He did tone it down a lot today though. The mag ban hearing... I think the judge slapped him enough times he realized a bit not to mess with the bull, but still can't seem to help himself entirely.

Immergut, the Federal Judge, didn't seem to admonish him at all that I remember.

 

[Yarome]

So in layman's terms can someone do a short summary where 114 stands for right now and maybe a prediction where it's going in the short term?

Currently, it's completely on ice. The only change in the short term would be if the injunction on the 3 day rule is lifted sometime between now and Jan, 03.

Sometime after that though, either way, it's a possibility the state will try to go through the appeals court again to try and have all the injunctions lifted, but that didnt go in their favor last time. We'll have to wait and see.

From the judges questions and statements.... I'm more doubtful the 3 day rule injunction will remain... but I'm staying hopeful that it will.

I agree with others though. If we do lose that one it's not at all because the judge is showing favoratism. If the law upholds it, he'll keep it in place. If the law doesn't, it'll be gone. He's nothing if not fair and upholding his duty to his office honorably.

 

[greghaz]

Immergut, the Federal Judge, didn't seem to admonish him at all that I remember.

Possibly that is because she was a federal prosecutor in the US Attorney's office before becoming a judge.

 

[Member 24198]

He certainly does. Trying to tell a judge how to judge... I fail to see how that's very smart. Extremely arrogant little plick.

He did tone it down a lot today though. The mag ban hearing... I think the judge slapped him enough times he realized a bit not to mess with the bull, but still can't seem to help himself entirely.

"It's FRIED RICE you plick."

 

[v0lcom13sn0w]

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.

the state: let us check our schedules.
judge: no. it will be the 23rd

 

[nammac]

"It's FRIED RICE you plick."

It's uncle Benny!!!!

 

[tkdguy]

What is happening with the 3 day rule? Or likely to happen?

 

[Member 24198]

What is happening with the 3 day rule? Or likely to happen?

Judge will rule by the third.

 

[tkdguy]

Judge will rule by the third.

To keep three day rule or eliminate it?

 

[Member 24198]

To keep three day rule or eliminate it?

To continue the restraining order or not.

 

[sed]

To keep three day rule or eliminate it?

Jan 3, ruling/opinion letter will:
a) Sever the 3-day release from the TRO. 3-day releases will no longer be possible in Oregon (not likely IMO)
or
b) Keep the 3-day release in the TRO. 3-day release can continue to happen in Oregon (most likely IMO) until the hearing regarding constitutionality of the measure

TRO will continue until a full trial is held; likely in the spring/early summer.
Once the state has the permitting system set up and ready to implement (who knows how long this will take), state will notify Judge Raschio.
Within 10 days of state's notification, Judge Raschio will schedule a status hearing or full trial to determine the constitutionality of all parts of the measure (including mags). Magazine portion is already under "preliminary injunction," meaning no mag ban/measure implementation until a full trial is held.

Judge and state will touch base on/around March 7, 2023, for status update on progress.
Outside of the Jan 3, opinion letter, there will be no further legal action in Harney County until on/after Mar 7.

There are still the federal cases out there.
Also, who knows when (not if) the Oregon Supreme Court (OSC) might try and intervene.
Many feel/hope the OSC will stay out of the matter (since they refused to intervene when the case was first filed in Harney County) until after Judge Raschio has held the final trial and made his final ruling.
After Judge Raschio's ruling (assuming it's pro 2A), it most definitely will be appealed to the OSC.
It's quite likely the federal case(s) find their way to the 9th circuit as well.

There's still a long way for all of this to go!

 

[PrDubi]

Jan 3, ruling/opinion letter will:
a) Sever the 3-day release from the TRO. 3-day releases will no longer be possible in Oregon (not likely IMO)
or
b) Keep the 3-day release in the TRO. 3-day release can continue to happen in Oregon (most likely IMO) until the hearing regarding constitutionality of the measure

TRO will continue until a full trial is held; likely in the spring/early summer.
Once the state has the permitting system set up and ready to implement (who knows how long this will take), state will notify Judge Raschio.
Within 10 days of state's notification, Judge Raschio will schedule a status hearing or full trial to determine the constitutionality of all parts of the measure (including mags). Magazine portion is already under "preliminary injunction," meaning no mag ban/measure implementation until a full trial is held.

Judge and state will touch base on/around March 7, 2024, for status update on progress.
Outside of the Jan 3, opinion letter, there will be no further legal action in Harney County until on/after Mar 7.

There are still the federal cases out there.
Also, who knows when (not if) the Oregon Supreme Court (OSC) might try and intervene.
Many feel/hope the OSC will stay out of the matter (since they refused to intervene when the case was first filed in Harney County) until after Judge Raschio has held the final trial and made his final ruling.
After Judge Raschio's ruling (assuming it's pro 2A), it most definitely will be appealed to the OSC.
It's quite likely the federal case(s) find their way to the 9th circuit as well.

There's still a long way for all of this to go!

2023, or 2024?

 

[sed]

2023, or 2024?

Yikes! My mistake!

Mar 7, 2023

 

[BBQ Guy]

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.

I was ready to support OFF financially. Until I disagreed with one of their admins on a FB group directly tied to them.
I was booted+blocked from every FB group that had ties with OFF for having an opinion that was in conflict with them.

That's the problem with the 2A community. Very similar to libs/leftists/gun grabbers. You either fall in direct line with their thinking/opinion or your out.

Difference of opinion generates ideas and healthy discussion. Apparently that's not wanted within the OFF organization or its circle.
Which is a shame.
It's critical to attract and retain as many 2A supporters as possible. New, old, experienced through novice folks.
Without that our rights are doomed and no amount of money, court cases, lobbying, PAC's, or plain old jaw jacking will prevent the loss of our rights.

 

[Member 66129]

I was ready to support OFF financially. Until I disagreed with one of their admins on a FB group directly tied to them.
I was booted+blocked from every FB group that had ties with OFF for having an opinion that was in conflict with them.

That's the problem with the 2A community. Very similar to libs/leftists/gun grabbers. You either fall in direct line with their thinking/opinion or your out.

Difference of opinion generates ideas and healthy discussion. Apparently that's not wanted within the OFF organization or its circle.
Which is a shame.
It's critical to attract and retain as many 2A supporters as possible. New, old, experienced through novice folks.
Without that our rights are doomed and no amount of money, court cases, lobbying, PAC's, or plain old jaw jacking will prevent the loss of our rights.

OMG, quick. Everybody boycott the group fighting for our constitutionally protected rights because they hurt bbq guys feelings.