Oregon Measure 114 litigation

[Will_White]

See my edit.

Firearms - Guides - Importation & Verification of Firearms - Gun Control Act Definition - Pistol | Bureau of Alcohol, Tobacco, Firearms and Explosives

Previous Page Download this Section Download the Guidebook Next Page Firearms Verification Gun Control Act Definitions Pistol 18 U.S.C., § 921(A)(29) and 27 CFR § 478.11 The term “Pistol” means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more...

www.atf.gov

Nowhere in the definition of a "pistol" does it say it has to be "concealable" or under a certain length.

Once you put the second grip on it's no longer a pistol. That's why the ATF says that it makes it an AOW because it becomes a weapon that's concealable and not under the other definitions. if it isn't concealable it's not an AOW.

For the purpose of SBR vs braced pistol, I'd be weary of putting a brace on anything with a foregrip. Because like you said pistol has no upper limit but the brace doesn't help you fire it one handed if its designed to be fired with two hands.

 

[CamoDeafie]

Once you put the second grip on it's no longer a pistol. That's why the ATF says that it makes it an AOW because it becomes a weapon that's concealable and not under the other definitions. if it isn't concealable it's not an AOW.

For the purpose of SBR vs braced pistol, I'd be weary of putting a brace on anything with a foregrip. Because like you said pistol has no upper limit but the brace doesn't help you fire it one handed if its designed to be fired with two hands.

Cane gun. Considered by ATF as NFA AOW and it is most definitely longer than 26" but "concealable" ; because it doesn't look like a traditional firearm

Just saying, we can't trust ATF to decide in our favor but we can trust ATF to decide in their favor (yes even if pistol is over 26" OAL, adding foregrip may make it AOW to them edit, or "SBR somehow" )

 

[Will_White]

Cane gun. Considered by ATF as NFA AOW and it is most definitely longer than 26" but "concealable" ; because it doesn't look like a traditional firearm

Just saying, we can't trust ATF to decide in our favor but we can trust ATF to decide in their favor (yes even if pistol is over 26" OAL, adding foregrip may make it AOW to them edit, or "SBR somehow" )

A cane gun isn't a pistol, it's a disguised firearm, which is its own classification.

 

[CamoDeafie]

A cane gun isn't a pistol, it's a disguised firearm, which is its own classification.

Just saying that ATF can and probably will make up anything to get a weapon into one of the NFA categories if they think they can get away with it..

Edit we are so far off the topic anyhow.

Let's get back to topic.

 

[40nascar]

Programs: Law Enforcement: Laws and Regulations | Bureau of Land Management

The Bureau of Land Management's law enforcement program draws its authority from federal law under federal jurisdiction. BLM law enforcement officers enforce federal laws and do not have authority to enforce state laws without written authorization from a sheriff, other authorized state official...

www.blm.gov

Interestingly.. it makes no notice of Assimilative Crimes Act applying to it ( 18 USC Section 13),

Assimilative Crimes Act – prosecuting state law crimes in federal court 18 U.S.C. § 13

The Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government (as

www.gjllp.com

Yes that is the position of the EL Dorado County Sheriff. The federal cop can notify the Sheriff's office of a state law violation. The Sheriff's office is not legally bound to respond. In the instance of magazine capacity, or firearm configuration only violations ( CA. Law). The Sheriff's office chooses not to respond.

 

[PiratePast40]

California magazine ban has been upheld by the 9th circuit. Duncan v Bonta. Article from The Reload breaks it down.

MY BAD - OLD NEWS FROM MARCH - Carry On.

Haven't finished my first cup of coffee this morning!

 

[arakboss]

California magazine ban has been upheld by the 9th circuit. Duncan v Bonta. Article from The Reload breaks it down.

I expect Oregon Supreme Court will share the same views.

 

[40nascar]

California magazine ban has been upheld by the 9th circuit. Duncan v Bonta. Article from The Reload breaks it down.

MY BAD - OLD NEWS FROM MARCH - Carry On.

Haven't finished my first cup of coffee this morning!

The Ninth Circus is a joke, as the most overturned court in the country by SCOTUS. The story for the PRK and Oregon isn't over yet.

 

[CamoDeafie]

The Ninth Circus is a joke, as the most overturned court in the country by SCOTUS. The story for the PRK and Oregon isn't over yet.

It's the second time that they've upheld the CA mag ban even though the SCOTUS did GVR it the first time around

Late edit. For M114, expect the 9th to uphold all of it.

It is unlikely that we will get relief from M114 until after SCOTUS either take the case up for the Ocean State Tactical v RI mag ban and/or the case for MD's AWB thing which does also include a mag ban. I don't know if the Illinois FOID case has made it to SCOTUS yet?

 

[The Heretic]

And I'm saying there are dirty cops.

That aside, my recommendation to "plain view" issues, is to cover guns/gun cases with something. A blanket or whatever. My SUV has a cargo area that has a cover and I intend to get the rear windows tinted. My pickup is an XCab that is just the right size (48"x12"x12") for most gun cases and the side windows for it are dark tinted - I am thinking about getting a locking cargo box that is that size.

I also have 2 canopies and I am going to at least tint the windows, and I am planning to have a bed platform with slide out drawers.

Decades ago I was driving from Seattle to Salem and had gun cases in the back seat. Got stopped by the WSP and they asked about whether those were gun cases - I forget where it went from there - long time ago - but I was not arrested. Of course, LE is quite different now than it was 30 years ago.

 

[40nascar]

It's the second time that they've upheld the CA mag ban even though the SCOTUS did GVR it the first time around

I would also point out that not a single person in CA. has turned in a so called LCM when there have been"Amnesties", and "Buy backs" offered by Law Enforcement, or the Starbucks pushing gun grabber groups.
Likewise there have not been any big sweeps by Law enforcement to go after otherwise law abiding gun owners. There seems to be an uneasy peace on the issue, I think because of Judge Benitez's "freedom week" permission in 2019 that threw a monkey wrench in the gun grabbers agenda.
And now CA. Wants to grab those magazines back without just compensation ( reportedly about 1 million mags, on top of the previously owned 10's of Million's).
Good luck with that, California!
I suggest the good people of Oregon and Washington follow the example of their gun owner brothers and sisters in arms from California.
Get'em while you can, and make them (government) try to take them back. The way I see it is every magazine purchase ( or firearm for that matter) sends a message to government - mind your business, and I'll mind mine. To quote the great Charlie Daniels "I don't want to fight you, but I darn sure well".

 

[CamoDeafie]

A lot of pickup trucks with back seats have space under their seats for stuff like these




However in my case (Grand Caravan Stow N Go), I have this option only if the middle seats are both up;

And I think the aftermarket offers latches/locks for these floor stowage bin doors but I'm not 100% sure. Right now one half is being used as the place for tire chains, two toolboxes, tire inflators/bike tire pumps, and the other half for blankets, sun shade, and tarp. The way it's built, there's a metal bar dividing the halves on the top but I can put guns in there if I want to.. it's just not that convenient especially with kids edit. Looks like keyed locks for the floor hatches do not currently exist. Okay so that means lockable container within the stowage bins then, to "meet" M114/HB3075 bs. I can always say "I'm headed to a range after this shopping trip"

 

[tkdguy]

Am I correct that there are no restrictions to purchase a firearm "now" but that no "standard capacity" magazines can be sold greater than 10 rounds? So purchasing a standard 1911 is not a problem?

 

[CamoDeafie]

Am I correct that there are no restrictions to purchase a firearm "now" but that no "standard capacity" magazines can be sold greater than 10 rounds? So purchasing a standard 1911 is not a problem?

I do believe the mag ban portion is still on hold? Have we heard otherwise, direct from @TonyAielloJr or Oregon Court of Appeals after Tony filed for Oregon Supreme Court appeal?

 

[Bolt_308]

Follow Tony Aiello's Facebook page for direct updates, straight from the 'horses' mouth lol! (Sorry Tony! ).

As of right now, no mag restrictions in place, no permit system in place.

Petition for Review filed on April 14th- heres a link to Tonys facebook page with the copy of it and updates from him:

Tony Aiello, Jr. - Civil Attorney | Canby OR

Tony Aiello, Jr. - Civil Attorney, Canby. 5,122 likes · 7,043 talking about this. Lawyer & Law Firm

www.facebook.com

 

[arakboss]

Follow Tony Aiello's Facebook page for direct updates, straight from the 'horses' mouth lol! (Sorry Tony! ).

As of right now, no mag restrictions in place, no permit system in place.

Petition for Review filed on April 14th- heres a link to Tonys facebook page with the copy of it and updates from him:

Tony Aiello, Jr. - Civil Attorney | Canby OR

Tony Aiello, Jr. - Civil Attorney, Canby. 5,122 likes · 7,043 talking about this. Lawyer & Law Firm

www.facebook.com

I realize no mag restrictions are in place. If the Oregon Supreme Court allows the law to take effect with the retroactive mag restrictions, what would prevent the State from retroactively enforcing the penalties against retailers?

 

[ScatPackLife]

I have been considering it for quite a while. Several of our friends left to Idaho a few years ago. Convincing others in the family has been a challenge, though. Once we have a breakthrough, or no longer have ties here, we are escaping, too.

The drastic downturn in this state can no longer be ignored. The legislature, the current and former governors, and the rest of the elitist turds in Salem, have made us less safe, less free, less prosperous, less educated and less livable every single year.

Unfortunately these issues will follow you. This has been happening everywhere in the US and is just further along in the states where the Democratic party has a majority hold over. Don't think that the issue is only the Democrats though. It's our government as a hole, it's been corrupted into the weeds. The plans to "keep the country" by the rich people (starting before the boomers) is causing the downfall of this country. The thing is, if you are rich, or in a rich family, these issues don't effect you in the same way.

As to how this applies to the OP, these anti-gun laws are part of the bigger issue in this country, how these laws effect people who are not overly wealthy. You want to move but these gun laws will follow. I hate repeating catchy online phrases but it's true. I don't know how to stop it. I hope someone does. I can bother my "elected" representatives all I want, but if they don't listen then where is the representation, where is the freedom. Those just don't exist right now and one reason is because there is no repercussion for ignoring the Constitution.

 

[40nascar]

Am I correct that there are no restrictions to purchase a firearm "now" but that no "standard capacity" magazines can be sold greater than 10 rounds? So purchasing a standard 1911 is not a problem?

Get your 1911 and standard cap mags now. Pending current court actions, you are good to acquire these now. Without a permit to purchase process in place yet, it's more likely that will take longer to implement. But get the mags now! The hammer on those will be dropping soon.

 

[Jcon268]

I would also point out that not a single person in CA. has turned in a so called LCM when there have been"Amnesties", and "Buy backs" offered by Law Enforcement, or the Starbucks pushing gun grabber groups.
Likewise there have not been any big sweeps by Law enforcement to go after otherwise law abiding gun owners. There seems to be an uneasy peace on the issue, I think because of Judge Benitez's "freedom week" permission in 2019 that threw a monkey wrench in the gun grabbers agenda.
And now CA. Wants to grab those magazines back without just compensation ( reportedly about 1 million mags, on top of the previously owned 10's of Million's).
Good luck with that, California!
I suggest the good people of Oregon and Washington follow the example of their gun owner brothers and sisters in arms from California.
Get'em while you can, and make them (government) try to take them back. The way I see it is every magazine purchase ( or firearm for that matter) sends a message to government - mind your business, and I'll mind mine. To quote the great Charlie Daniels "I don't want to fight you, but I darn sure well".

I hate always playing defense with these pinheads. We need to be aggressive with the recall efforts. They need to know that the 2nd isn't up for debate and when you attack it, you lose your job. Hopefully enough get the point that they think twice.

 

[Jcon268]

I'll believe it when I see it until then his track record is ban bump-stocks and take the guns first due process later.

It's true. But like I said his motivation comes from wanting to rile up the left. A case of doing the right thing for the wrong reason.
You're right though, he talks big... let's see if he can back it up.