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Who is SMF?It looks like SMF has also filed an amicus with the OFF suit and Pete Serrano from SMF will be assisting with oral arguments tomorrow morning. (Dec 2nd)
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Who is SMF?It looks like SMF has also filed an amicus with the OFF suit and Pete Serrano from SMF will be assisting with oral arguments tomorrow morning. (Dec 2nd)
I absolutely agree it is the single most important. A mag ban is largely unenforceable, anyway. A permit to purchase requirement is a dead on shut down of our rights and the impact to the industry within the state will be immediate and devastating.I find it odd that only the NRA is focusing on the permission slip. I find asking for permission to buy a gun way worse than a capacity limit.
Difficult to beat. NRA is going after may issue but the authors are already rewriting to shall issues so very hard to beatI find it odd that only the NRA is focusing on the permission slip. I find asking for permission to buy a gun way worse than a capacity limit.
Silent Majority Foundation out of WA state. They are leading on the Sullivan mag ban case up there.Who is SMF?
Where did you read that?Is this funny! Do I understand this correctly? OFF, FPC, SAF, and the NRA-ILA are suiting Oregon and will collect damages and attorney fees? oops! did someone made a mistake with the contents of the ballot measure?
Following the threads here. Seems that now the Silent Majority Foundation in Washington is joining in on the fight. Maybe 5?Where did you read that?
They are trying to misguide everyone into believing it is "shall issue", but they can't simply rewrite the measure after the fact without legislative action... which provisions clearly make it "may issue".Difficult to beat. NRA is going after may issue but the authors are already rewriting to shall issues so very hard to beat
Just a summary:
As of Dec 1 there are THREE suits against some or all of M114:
OFF v Brown, https://s3.documentcloud.org/documents/23317592/ecf-5-motion-for-preliminary-injunction.pdf
SAF/FPC "Fitz" v Rosenblum,Fitz v. Rosenblum - FPC Law Challenge to OR Ban on "Large-Capacity" Magazines
Fitz v. Rosenblum - FPC Law Challenge to OR Ban on "Large-Capacity" Magazineswww.firearmspolicy.org
Eyre et al v Rosenblum, https://t.co/RyZmfpJINp (This is the NRA-associated suit, and has the first 'name' litigator, Paul Clement.)
Both OFF and Fitz have been assigned to Judge Immergut. ETA Both of those requests for TRO will be heard tomorrow at 10 am in front of Judge Immergut (per Rob Romano @2Aupdates on Twitter)
ETA - the hearing is in Courtroom 13A,
Mark O. Hatfield U.S. Courthouse
1000 S.W. Third Ave.
Portland, OR 97204
I don't see where it might be streamed for us to watch/listen on line.
Rob also posted
Gonna have to squeeze those nickels until the buffalo groan.
Most of the courtroom burst out laughing when he said that.Now that's funny.
LOL "designed and implemented". Oregon playing the long game, apparently.until new technical systems can be designed and implemented.
How did that Oregon Health Plan website work out?LOL "designed and implemented". Oregon playing the long game, apparently.
Need a chart to figure out how many are in the suit and how many have joined. The judge asked if they would consider merging all the complaints into one and there were four at that time. The state obviously thought it was a good idea, but Kemp, the OFF attorney, wisely said they would need to consider it and get back to her.Following the threads here. Seems that now the Silent Majority Foundation in Washington is joining in on the fight. Maybe 5?
This raises a huge question. Many people are taking possesion of firearms that have not yet gotten approval in the NICS system. From the way this reads those checks will not be completed, they are paused and waiting for you to obtain the permit to be completed.Update on the status of FICS transactions in the Pended/Delayed Queue - Oregon - 12/02/22
BM114 becomes law on December 8, 2022. Since November 8, 2022, the FICS unit has experienced unprecedented volumes of firearms transactions never seen before in the program's 26-year history. OSP continues to work diligently to process and resolve as many of the pended/delayed FICS transactions as possible.
FICS transactions that are not completed with an approval number by midnight on December 7, 2022, will require the purchaser to initiate their permit application to obtain a Permit-to-Purchase before their FICS transaction can resume. This means your FICS transaction will not be canceled on December 8th. Once the purchaser has an approved permit, the FICS transaction will resume.
It is important to note that many times pended/delayed FICS transactions are due to missing, incomplete, or incorrect information. When there is missing or incomplete information on a person's Computerized Criminal History (CCH), OSP must contact the agency that is the owner of that information to obtain official records so that OSP can determine whether the person is approved for the firearm purchase. The agencies contacted most for missing or incomplete information are the Courts or District Attorneys' offices throughout the United States. There are no required timelines for the agencies to respond to our requests for missing or incomplete information. By statute, the information within the FICS transaction database can only be held for five years.
Oregon State Police has worked with Permit Agents regarding the application form for the Permit-to-Purchase. The draft application is in the final review with permitting agencies and will be posted to the Oregon State Police's website and available to those wishing to apply for a Permit-to-Purchase on December 8, 2022.
With BM114 becoming law on December 8, 2022, this gives Oregon State Police a very short window to develop a program and have technology available for use on day 1 of the new law. Because of this, the Permit-to-Purchase program at Oregon State Police will be a manual paper process until new technical systems can be designed and implemented.
Another SAF/FPC filing.
So, it's the direct complaint over the permit system that some have thought missing. Just in transit, I guess - this short timeline has stressed the system a bit.PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against Defendants as follows:
a. Declare that as long as Measure 114 lacks a system implementing the permitting requirement and functions as a de facto ban on firearm sales in Oregon it violates the right to keep and bear arms as guaranteed by the Second and Fourteenth Amendments to the United States Constitution;
b. Enjoin Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them from enforcing the provisions of the Act and all related laws, regulations, policies, practices, and customs that would impede or criminalize the exercise of the right to keep and bear arms;
Under the current 3 day rule.... this is brilliant, they get a gun thats not registered. Makes me want to go down and get in the queue.This raises a huge question. Many people are taking possesion of firearms that have not yet gotten approval in the NICS system. From the way this reads those checks will not be completed, they are paused and waiting for you to obtain the permit to be completed.
The question is, what happens if somebody takes possession of a firearm with an unfinished check, and has no plans to obtain the permit?