Oregon OR HB 2005 Lawsuit?

[Saladfarmer]

SO, as I remember reading HB2005, it wasn't supposed to go into effect until September 2024. Mr Kirk is now saying July13th 2024.
Were there changes this Legislative session that moved the date up, or did I miss something? Or did he get his wires crossed?

Next question, is there anyone going to fight this? SAF, GOA, NAGR, OFF at some level. Seems like we could find some hospitable ruling over in Harney or Kalamath or quite possibly any county other than Marion, Multnomah, Lane or Clackamas county. Do we have to wait til it gets implemented before a suit can be filed...?

View: https://www.youtube.com/watch?v=pOX3aC0p3zw

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[fd15k]

SO, as I remember reading HB2005, it wasn't supposed to go into effect until September 2024. Mr Kirk is now saying July13th 2024.
Were there changes this Legislative session that moved the date up, or did I miss something? Or did he get his wires crossed?

Next question, is there anyone going to fight this? SAF, GOA, NAGR, OFF at some level. Seems like we could find some hospitable ruling over in Harney or Kalamath or quite possibly any county other than Marion, Multnomah, Lane or Clackamas county. Do we have to wait til it gets implemented before a suit can be filed...?

It has to be implemented, and somebody has to be penalized before a lawsuit can be filed.

 

[Saladfarmer]

Found it, engrossed OR HB2005: SECTION 17. The amendments to section 5 of this 2023 Act by section 16 of this 2023 Act become operative on September 1, 2024.

 

[fd15k]

Here are the ATF rules for serialization of firearms:

27 CFR § 478.92 | eRegulations

regulations.atf.gov

I don't see how regular dealers or gunsmiths would be allowed to perform serialization, given only manufacturers and importers are authorized to do so by ATF.

 

[Saladfarmer]

Here are the ATF rules for serialization of firearms:

27 CFR § 478.92 | eRegulations

regulations.atf.gov

I don't see how regular dealers or gunsmiths would be allowed to perform serialization, given only manufacturers and importers are authorized to do so by ATF.

Depends on their class of license from what I understand. SOT's and higher class FFL can.

 

[fd15k]

Depends on their class of license from what I understand. SOT's and higher class FFL can.

I don't believe that's correct. The serialization rules are specifically for Type 07 (manufacturers) and Type 08 (importers). SOT only kicks in if NFA items are being manufactured or imported.

Found the cheat sheet :

 

[Yarome]

WGL got it wrong and sent him a note. Serialization deadline is Sept 1.

As for serialization... this topic has been covered ad nauseum in other threads. All the statues state is that MFG and importers are "required" to serialize... and does not grant or "restrict" special serialization authority to only them.

ANY duly licensed FFL can serialize a firearm.

For NFA's where serials are issued by the alphabet.. it doesn't even require an FFL license to apply it. So long as it meets the feeb guidelines... anyone with the capacity to engrave metal can do it.

 

[Saladfarmer]

WGL got it wrong and sent him a note. Serialization deadline is Sept 1.

As for serialization... this topic has been covered ad nauseum in other threads. All the statues state is that MFG and importers are "required" to serialize... and does not grant or "restrict" special serialization authority to only them.

ANY duly licensed FFL can serialize a firearm.

For NFA's where serials are issued by the alphabet.. it doesn't even require an FFL license to apply it. So long as it meets the feeb guidelines... anyone with the capacity to engrave metal can do it.

Thank you sir. I was trying to get an email for Mr Kirk (WGL) and couldn't find anything of the sort on his webpage or youtoob as far as email contact and calling just gets a VM.

On the other information, I was just talking to a SOT holder and type 7 FFL about this very topic. ANd I have also been following the other threads on all this bubbleguming bubblegum foolery the state requires to have in effect for the end of the summer.

 

[Yarome]

Thank you sir. I was trying to get an email for Mr Kirk (WGL) and couldn't find anything of the sort on his webpage or youtoob as far as email contact and calling just gets a VM.

On the other information, I was just talking to a SOT holder and type 7 FFL about this very topic. ANd I have also been following the other threads on all this bubbleguming bubblegum foolery the state requires to have in effect for the end of the summer.

For future reference... Bill's public is [email protected]

It seems a very common misconception being propagated through the internet that the statute "requirement" for MFG's and importers somehow grants special authority, but that's simply not the case.

If that were true then specific regulations for "FFL licensee" serialization of PMF's from the alphabet (without class stipulations) wouldn't exist.

HB2005 also seems to make that pretty clear:

 

[Stomper]

This seems like an unconstitutional taking being as some have owned the aforementioned specimens for the better part of a decade.

So they're supposed to take their prior legally acquired property and have it serialized (and consequently paper-trailed), then have a background check to see if their "allowed" to keep said prior legally obtained property?



Yeah…. no.

 

[Yarome]

This seems like an unconstitutional taking being as some have owned the aforementioned specimens for the better part of a decade.

So they're supposed to take their prior legally acquired property and have it serialized (and consequently paper-trailed), then have a background check to see if their "allowed" to keep said prior legally obtained property?



Yeah…. no.

In part. No ID or BGC is required for serialization. It's just a "gunsmithing service" like any other, but it IS an unlawful taking or financial "tax" to exercise a right.

Given the options that you either have to destroy it or pay up to serialize a lawfully owned object. Doing one might not be an enormous financial burden for some, but a $50 "tax" on what is probably a $50-$100 receiver is pretty dang steep. For those that own multiples it'll get really friggin spendy real quick.

Nothing lawful or constitutional about it.





"Yeah.... no." Dang yippy skippy!

 

[PiratePast40]

2005 was based on the ATF ruling that has since been stayed during the appeal. Oregon house members contributed $25k to the legal fund but there hasn't been any action yet. It doesn't make sense to start a lawsuit in Oregon until we figure out what's going on at the federal level.

 

[Stomper]

In part. No ID or BGC is required for serialization. It's just a "gunsmithing service" like any other, but it IS an unlawful taking or financial "tax" to exercise a right.

Given the options that you either have to destroy it or pay up to serialize a lawfully owned object. Doing one might not be an enormous financial burden for some, but a $50 "tax" on what is probably a $50-$100 receiver is pretty dang steep. For those that own multiples it'll get really friggin spendy real quick.

Nothing lawful or constitutional about it.





"Yeah.... no." Dang yippy skippy!

It's an unconstitutional taking if possession of said prior legal specimen (already owned) is made "illegal".

 

[Jims Custom Stocks]

Here are the ATF rules for serialization of firearms:

27 CFR § 478.92 | eRegulations

regulations.atf.gov

I don't see how regular dealers or gunsmiths would be allowed to perform serialization, given only manufacturers and importers are authorized to do so by ATF.

An 07 (manufacturer) FFL can perform this function. An 07 is now required for many operations a gunsmith would typically do since a "gunsmith" classification license is no longer available. An 07 is required for many gunsmith functions that "improve" a firearm, like CeraKoating, restocking or re-barreling. I won't be doing any serial numbering as the machines to do this (laser, CNC, etc.) are expensive, a return on investment in basically non-existent and there are doubts about how many who own non-serialized guns for the reasons that they do will clamor to comply with this new law.

 

[Yarome]

I won't be doing any serial numbering as the machines to do this (laser, CNC, etc.) are expensive, a return on investment in basically non-existent and there are doubts about how many who own non-serialized guns for the reasons that they do will clamor to comply with this new law.

I have the feeling most FFL's will feel the same. Unless the equipment is of the type that can used for other purposes the return on investment for the sole purpose of serializing receivers is as sketchy as it gets. If compliance rates for other similar state actions across the U.S. are any indication (percentages in the single digits), demand is likely... and probably rightly so... anticipated to be extremely low and short lived.

"Short lived" considering the fact that the deadline is only months away... and the fact that anyone attempting to have their receivers serialized past the Sept 1 deadline would be self incriminating.... FFL's would pretty much have to recoup their equipment investment and try and turn some kind of profit within a 5 month time span.

Not that there won't be people trying to serialize past the Sept 1st date. We saw that happening with Illinois registration scam, but those with a modicum of common sense would be wise enough not to self incriminate themselves.

If an FFL was planning on getting more into their own product line of custom and decorative engraving/etching... maybe they might consider investing now in the gear to do it and try and cash in on HB2005 compliance seekers, but they sure as heck aren't likely to turn much of a profit on the finite demand for serialization alone.

 

[peteNW503]

The fun never ends with these people. Anywhere but Oregon is starting to look good at this point. Part of me just wants to say screw it let these idiots with their piss poor policy making destroy Oregon. The other half of me wants to stand up against the liberal agenda. The average price is sky rocketing for buying a house here. The infrastructure is horrible. I really don't understand where all this tax money and money from the marijiuana sales are going. Interesting that Oregon would only accept Marijuana sales revenue through cash. For a much as they want to disarm us you would think they would spent a little more time coming up with a better solution for all the drugs addicts and the homeless. Oregon's current solution " Rocks" don't believe me I'll get you some pics. We are paying for rocks if this was a movie it would be Idiocracy