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"Legal minefield"; "expansive interpretation of 2nd Amendment" and "must-do"

:s0140: :s0140: :s0140:

Yeah, NO. It's not a minefield if one just follow Constitution and apply Bruen to it :rolleyes: and it is not a "must-do"; when just about half of the population rejected it.
 
Seems Maxine Bernstein came around to my read of the constitution. It's December 8.

State police now believe the measure will go into effect earlier than its drafters thought, based on advice from the Secretary of State's Office. That's now Dec. 8, 30 days from when it was "enacted or approved.

Measure 114′s drafters said they were led to believe the effective date would be 30 days from Dec. 15, the deadline for the vote to be certified.

Ben Morris, a spokesperson for the Secretary of State's Office, said the confusion may have stemmed from this year's change allowing ballots to be post-marked on Election Day and counted if they arrived within seven days of the election. That pushed back the state deadline for the vote to be officially certified to Dec. 15, creating the unusual circumstance of having a ballot measure's effective date - Dec. 8 - fall before the deadline for vote certification.

"In previous years, those dates would have lined up," Morris said.

Liz McKanna, a member of the legislative committee for the Lift Every Voice Oregon campaign, said it's now up to the state police and others to "do everything they can" to get a permit-to-purchase program in place as is reasonably possible.

"We believe the measure will save lives so that's very positive," she said.

Regardless, she and Measure 114′s chief petitioners said they anticipate a legislative workgroup will be formed to clear up details that still need to be addressed, and believe the governor could step in to delay the effective date if needed.

"We want it to be a fair and equitable system and to be as clear as possible," McKanna said, of the permitting process.

Yet Gov. Kate Brown's spokesperson said the governor doesn't have the authority to extend the date the measure takes effect.

"The Governor does not have the authority to alter this constitutional effective date. As with past practice, the Governor plans to sign the proclamation certifying the election when she receives it from the Secretary of State. Our understanding is that we should receive it from the Secretary of State's office on December 8," said Liz Merah, Brown's spokesperson.

 
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They are still not telling us what happens to the transaction if you buy before Dec 8 and the check clears afterwards because of the long delay
Without legal certainty, it seems unlikely to me that an FFL will transfer to you after December 8 without a permit. That said, a permit requirement without a way to get a permit is pretty plainly unconstitutional. I think it's likely the law is quickly enjoined, if only temporarily. The question is whether the poor FFL, confused about the evolving state of the law, will transfer to you post-injunction. I think many will be inclined to just give you your money back (if they're the seller) or send the gun back to the seller (if they're just completing the transfer). Likewise, if there's any period of time between December 8 and the injunction, then I think most FFLs completing transfers won't want to sit on inventory for an indefinite period of time and will be inclined to send the guns back to the sellers.

If I were an FFL, I would stop accepting transfers immediately. There's no money in it for them, and it's not clear they'll be able to complete the transfer.
 
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Without legal certainty, it seems unlikely to me that an FFL will transfer to you after December 8 without a permit. That said, a permit requirement without a way to get a permit is pretty plainly unconstitutional. I think it's likely the law is quickly enjoined, if only temporarily. The question is whether the poor FFL, confused about the evolving state of the law, will transfer to you post-injunction. I think many will be inclined to just give you your money back (if they're the seller) or send the gun back to the seller (if they're just completing the transfer). Likewise, if there's any period of time between December 8 and the injunction, then I think most FFLs completing transfers won't want to sit on inventory for an indefinite period of time and will be inclined to send the guns back to the sellers.

If I were an FFL, I would stop accepting transfers immediately. There's no money in it for them, and it's not clear they'll be able to complete the transfer.
If the FFL is holding a sellers firearm, waiting for the buyer to clear, he/she can't "send the gun back to the seller".

The FFL would have to do a background check on the seller, as the firearm is in the FFL's bound book...
 
If the FFL is holding a sellers firearm, waiting for the buyer to clear, he/she can't "send the gun back to the seller".

The FFL would have to do a background check on the seller, as the firearm is in the FFL's bound book...
I don't know these mechanics. What do they do when a background check fails? In any event, I do sincerely hope the FFLs trying to help people out right now don't get stuck with a bunch of firearms they have to store indefinitely. As I said, if I were an FFL. I'd stop taking transfers immediately.
 
I don't know these mechanics. What do they do when a background check fails? In any event, I do sincerely hope the FFLs trying to help people out right now don't get stuck with a bunch of firearms they have to store indefinitely. As I said, if I were an FFL. I'd stop taking transfers immediately.
As it stands right now, we have any where from 21 to 51 days left(most likely 21). But if this crap is supposed to be active 30 days after the enacted date(Dec 8th at current) than you have till Jan. 7th unless the time table changes or something happens, but I wouldn't bank on it being in our favor.
 
Oops! The legal and political realities are setting in via the Oregoncapitolchronical.com editorial above! Maybe 114 is not politically or legally feasible in whole nor in part because the component parts are interconnected?
 
(NWFA says after 4 years, I need to make a few more posts...)

I'm sort-of in a state of disbelief over how rapidly BM-114 is unfolding. I mean, it would appear to be on the verge of blowing up in the faces of those who authored/sponsored/voted for it. Did they really f*ck it up that bad? Or is this some kind of cruel joke? No state (that I know of) has ever simply turned-off gun sales like flipping a switch. We're talking about an enumerated right in both the Federal and State constitutions!
 
What a mess. A persons right to buy a firearm has all but grounded to a halt. In a few weeks no one can buy a firearm and anyone with 10+ mags are guilty of a crime unless they can prove their innocence. The US Constitution just got trashed in Oregon. I hope this continues to blow up and leads to tossing this unconstitutional measure.
 
What a mess. A persons right to buy a firearm has all but grounded to a halt. In a few weeks no one can buy a firearm and anyone with 10+ mags are guilty of a crime unless they can prove their innocence. The US Constitution just got trashed in Oregon. I hope this continues to blow up and leads to tossing this unconstitutional measure.
I feel confident though that if this ever gets turned around and a ballot like this comes up again we should def be able to smite it down muchhhhh more easily.
It's hard to believe a measure this big has passed, normally smaller changes are much more easily passed. You know, frog in the boiling pot.
 
I feel confident though that if this ever gets turned around and a ballot like this comes up again we should def be able to smite it down muchhhhh more easily.
It's hard to believe a measure this big has passed, normally smaller changes are much more easily passed. You know, frog in the boiling pot.
It's because of the initiative petitions, they don't go go through the regular oversight a traditional bill does. If the the voters of Oregon want dog chit.. because it resonates really well. By goly, they get dog chit. Even if it doesn't pass constitutional muster.
 
By the way, has anyone heard word of whether the Benton county sheriff will enforce this 10 round bs?
I can only assume because it's benton county, the answer is likely without a doubt: Yes.
 
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