Oregon Measure 114 litigation

[ma96782]

Aloha, Mark

 

[Librarian]

Orders in the Federal cases:

Oregon Firearms Federation, Inc. v. Brown, 2:22-cv-01815 - CourtListener.com

Docket for Oregon Firearms Federation, Inc. v. Brown, 2:22-cv-01815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

ORDER: Per the parties' stipulated request included in their Joint Status Report, ECF 61, this Court ORDERS that the following cases are consolidated: Oregon Firearms Federation et al. v. Brown et al., No. 2:22-cv-01815-IM; Fitz, et al. v. Rosenblum, et al., No. 3:22-cv-01859-IM; Eyre, et al. v. Rosenblum, et al., No. 3:22-cv-01862-IM; and Azzopardi, et al. v. Rosenblum, et al., No. 3:22-cv-01869-IM. The above-captioned case is designated as the lead case and with cases 3:22-cv-01859-IM, 3:22-cv-01862-IM, and 3:22-cv-01869-IM designated as trailing cases. This Court ORDERS that future filings and other docket activities be filed on the above-captioned docket only, and that the case number and designation of the lead case be listed first in the document title of every document filed in any of these cases. Ordered on 12/27/2022 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) (Entered: 12/28/2022

ORDER: This Court is in receipt of the parties' Proposed Scheduling Order included in their Joint Status Report, ECF 61 . This Court adopts the parties' proposed briefing schedule for Plaintiffs' Motion for a Preliminary Injunction. Oral argument is set for 2/22/2023, 2/23/2023, and 2/24/2023 at 10:00 AM in Portland Courtroom 13A before Judge Karin J. Immergut. The hearing will be in-person but the Court will allow witnesses to appear remotely with seven days' notice to the Court and all parties. Ordered on 12/27/2022 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) (Entered: 12/28/2022)

 

[Dave Workman]

Oregon Wants M114 Background Check Now; Judge Says Wait

Harney County Circuit Judge Robert Raschio put the brakes on again, saying he would decide by Jan. 3 whether to continue blocking that part of the measure, according to KGW News.

www.ammoland.com

OR Wants M114 Background Check Now; Judge Says Wait

 

[PiratePast40]

Orders in the Federal cases:

Oregon Firearms Federation, Inc. v. Brown, 2:22-cv-01815 - CourtListener.com

Docket for Oregon Firearms Federation, Inc. v. Brown, 2:22-cv-01815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

How does that affect the cost of the case? Does it mean that OFF will be paying for everything and other groups only supplying witnesses?

 

[Librarian]

How does that affect the cost of the case? Does it mean that OFF will be paying for everything and other groups only supplying witnesses?

Doesn't change who pays; probably reduces overall overhead. How the case is run, they'll have to discuss among themselves; consolidation is usually for the convenience of the Court.

 

[PiratePast40]

Doesn't change who pays; probably reduces overall overhead. How the case is run, they'll have to discuss among themselves; consolidation is usually for the convenience of the Court.

Thanks

 

[.45's and .38's]

I wanted to transfer a sig 226 today

The store said the 3 day rule will not be applying because the judge is soon to make a decision on the 3 day rule. He said today is the last day to get the gun logged into their books and I would receive it by the 2nd . Judge will make a decision BY the third . Could be before . Gun would be stuck in limbo and I refuse to get a permit to purchase . What shall I do .

 

[rangemaster728]

I was looking at the Harney Co. Court schedule for tomorrow and do not see a Webex link...was there one I missed??

 

[wombatz]

No need for WebEx. He is simply releasing his discission.

 

[arakboss]

I was looking at the Harney Co. Court schedule for tomorrow and do not see a Webex link...was there one I missed??

Tomorrow will be his decision from Dec 23rd hearing.

 

[nammac]

I wanted to transfer a sig 226 today

The store said the 3 day rule will not be applying because the judge is soon to make a decision on the 3 day rule. He said today is the last day to get the gun logged into their books and I would receive it by the 2nd . Judge will make a decision BY the third . Could be before . Gun would be stuck in limbo and I refuse to get a permit to purchase . What shall I do .

I hope you proceeded forward with this, because you should be picking it up today…

 

[3MTA3]

Tomorrow will be his decision from Dec 23rd hearing.

Hoping it's "Off with their heads!"

 

[.45's and .38's]

Yes I went through with it and picked it up this morning as soon as doors opened

 

[sed]

Thank you Judge Raschio!!

3-day release option can still happen!
Every single part of measure 114 is now on hold until at least March 7 or after (state must have permitting process functional before full trial will be held).

Here is a link to his opinion letter from Dec 23, hearing:

DocumentCloud

www.documentcloud.org

 

[3MTA3]

I guess the next step is the Oregon Supreme Court as the State will surely want the Judge's ruling an all counts to be overturned.

Does anybody have an idea of the court's make up? I guess I'm pessimistic and expect it to be prone to siding with the State with a rubber stamp, but I'd really, really like to be wrong in that opinion.

Also, any fair guess on how long it will take to get there?

 

[Ura-Ki]

I guess the next step is the Oregon Supreme Court as the State will surely want the Judge's ruling an all counts to be overturned.

Does anybody have an idea of the court's make up? I guess I'm pessimistic and expect it to be prone to siding with the State with a rubber stamp, but I'd really, really like to be wrong in that opinion.

Also, any fair guess on how long it will take to get there?

I would suspect ( Best Guess) the State A.G's office to try and fast track this to the Supreme court Right Quick and in a Hurry Like, They will NOT like this ruling from Harney County messing up their plans, so what ever time it takes them to write their challenge and submit it to the court is the breathing room we have!


As to the State's Supreme court ruling, I'm not holding my breath, Given the court is 100% K8 Brownstains appointments, it ain't lookin very good, though they MAY have no choice but to uphold the ruling given the Bruen Test they now MUST apply, even though the Judge said it doesn't apply!

 

[3MTA3]

I would suspect ( Best Guess) the State A.G's office to try and fast track this to the Supreme court Right Quick and in a Hurry Like, They will NOT like this ruling from Harney County messing up their plans, so what ever time it takes them to write their challenge and submit it to the court is the breathing room we have!


As to the State's Supreme court ruling, I'm not holding my breath, Given the court is 100% K8 Brownstains appointments, it ain't lookin very good, though they MAY have no choice but to uphold the ruling given the Bruen Test they now MUST apply, even though the Judge said it doesn't apply!

IMO they will "New York" it and act like SCOTUS is irrelevant and wait for them to come down with a tire iron. Remember, Oregon chooses to ignore all kinds of things Federal when they want to from immigration, cooperation with federal agencies, drug laws. etc..

 

[Librarian]

Maxine's article is decent - https://www.oregonlive.com/crime/20...leston-loophole-remains-blocked-by-judge.html

On Tuesday, Raschio said he wouldn't treat the background check change separate from Measure 114′s permitting requirement, finding that the two are "inexorably linked."
Only if he finds that the permit requirement to buy a gun is unconstitutional as the case proceeds will he evaluate and rule on the completed background check independently, Raschio wrote.
The state has said it won't be ready to support a permitting program until March 7.
Raschio said he would hold a hearing on a preliminary injunction regarding the permitting requirement within 10 days of the state informing him that a permitting process is in place and ready to operate.

 

[PiratePast40]

Oregon Supremes have already turned down the opportunity to overturn Judge Raschios' earlier decision. Since the state has neither a permit program nor funding available, I suspect the Brown Clowns will keep their noses out if it until the state actually has something to show for themselves.

 

[PiratePast40]

Here's the OFF response to todays decision: https://www.oregonfirearms.org/three-day-safeguard-protected

Don't forget that the legal bills are still coming in.