Oregon Oregon DOJ requests delay in some Ballot 114 provisions.

[Komodoro]

Oregon DOJ asks judge for 2-month delay in some Measure 114 provisions that require permit to buy guns - KTVZ

The Oregon Department of Justice informed U.S. District Judge Karin Immergut on Sunday that the state will seek a two-month delay in some of the provisions in Oregon Ballot Measure 114 that require a permit to purchase a firearm.

ktvz.com

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[Librarian]

Right - https://www.doj.state.or.us/wp-content/uploads/2022/12/ag_letter_to_the_court_114_ecf_34.pdf

Although 2 months is not specified, but

As such, it has become clear that the police chiefs and sheriffs (who serve as the sole permitting agents under Measure 114) will not be prepared to issue permits on December 8. Executive Director Myers represented that it will take "at least another month" to prepare an operational permit system. (Myers Decl. ¶ 12.)

We'll know more Tuesday.

 

[ZA_Survivalist]

How this chaotic nonsense that has no established system in place can actually legally proceed is beyond me.

This should have been tossed out

 

[HDR]

It seems very suspicious to me that the AG would make this announcement on a Sunday, and the day before a possible decision on Friday’s hearing for a TRO. Is there some protocol here that the AG is using to somehow nullify or complicate the Judges pending decision? This smells fishy. Why today?

 

[zomie]

Based on the questions asked by the Judge ... it wouldn't surprise me if this was asked for behind closed doors and will be granted as it helps out the state while still enforcing much of the gun control they wanted and preventing further lawsuits.

 

[zomie]

It seems very suspicious to me that the AG would make this announcement on a Sunday, and the day before a possible decision on Friday’s hearing for a TRO. Is there some protocol here that the AG is using to somehow nullify or at least degrade the Judges pending decision?

Ehh, I am guessing there was a meeting where the Judge was like you guys need the process in place for it to be lawful how much time to you need and I will let the rest slide. I got money she lets the rest of the law through and only helps the state here.

 

[tkdguy]

Ehh, I am guessing there was a meeting where the Judge was like you guys need the process in place for it to be lawful how much time to you need and I will let the rest slide. I got money she lets the rest of the law through and only helps the state here.

The onward for an appeal on all critical elements?

 

[HDR]

Ehh, I am guessing there was a meeting where the Judge was like you guys need the process in place for it to be lawful how much time to you need and I will let the rest slide. I got money she lets the rest of the law through and only helps the state here.

That would be the most ballsey move by a federal judge ever if true. Not to mention a trigger for an immediate investigation and legal action. I think it’s more of the AG acting in desperation, and probably legal maneuvering. I never thought there would be any quick resolutions here.

 

[zomie]

The onward for an appeal on all critical elements?

It wasn't a surprise if that happens. Remember there are like 4 other lawsuits and this case helps the state out giving them the time they need to setup a permit system. They are still getting most of the gun control and like so much other it is law until until overturned.

If you look at the AWB and MAG Ban cases in CA. They were cleared by the supreme court and sent back down. The 9th circuit could have cleared them but instead sent them back down to the original district court to be ruled on. They can then be repealed to the 9th again by the state buying CA more time to figure out a legal loophole to ban all of this stuff. I suspect we are in for 3-5 years of this until the 9th finally comes down on the mag ban and upholds with Buren and Heller say. I am sure there is a group or small army of AGs and Bloomberg law scholars looking FOR ANY text history or tradition they can use to get their law passed.

 

[HDR]

Here is the official letter to the Judge from the AG’s office.
(Not just the press release that already been posted. Much more detail but not everything will be known until the State officially responds to the hearing and pending decision on Tuesday. Note the last paragraph.

https://www.doj.state.or.us/wp-content/uploads/2022/12/ag_letter_to_the_court_114_ecf_34.pdf

 

[zomie]

That would be the most ballsey move by a federal judge ever if true. Not to mention a trigger for an immediate investigation and legal action. I think it’s more of the AG acting in desperation, and probably legal maneuvering. I never thought there would be any quick resolutions here.

The woman asked why you couldn't just have 2 10 round magazines and why police shouldn't have different arms during that hearing. I wouldn't hold out hope. Federal Judges are fairly close to God and almost impossible to remove.

 

[nammac]

It seems very suspicious to me that the AG would make this announcement on a Sunday, and the day before a possible decision on Friday’s hearing for a TRO. Is there some protocol here that the AG is using to somehow nullify or complicate the Judges pending decision? This smells fishy. Why today?

And does this mean that Senior Assistant Attorney General Brian Simmonds Marshall perjured himself and the AG’s office by spouting lies during Friday mornings testimony where it was stated that they’d be ready for the permitting process on Thursday, December 8th??? Seems to me the judge needs to take a close look at this through the Bruen lens and just declare it all unconstitutional…

 

[Librarian]

Here's the DOJ press release, and it does mention 2 months.

State Will Ask for Postponement of Permit Requirement for Gun Purchases - Oregon Department of Justice

The Oregon Department of Justice (DOJ) informed U.S. District Judge Karin Immergut today that the state will seek a postponement of some of the provisions in Oregon Ballot Measure 114 that require a permit to purchase a firearm. Measure 114 passed on a majority vote of the people of Oregon in...

www.doj.state.or.us

The Oregon Department of Justice (DOJ) informed U.S. District Judge Karin Immergut today that the state will seek a postponement of some of the provisions in Oregon Ballot Measure 114 that require a permit to purchase a firearm. Measure 114 passed on a majority vote of the people of Oregon in November's general election. The decision to make this request was made only after local law enforcement clarified that they would not be able to process permit applications as soon December 8, when Measure 114 takes effect.

DOJ's letter explained that other parts of the measure should take effect as scheduled, including the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed – and not just requested – before firearms can be transferred (this fixes the 'Charleston Loophole,' a gap in the federal system that allows a gun sale to proceed after 3 days, even if the background check has not been completed.)

"Postponing the permit requirement by approximately two months should give Oregon law enforcement time to have a fully functional permitting system in place. If Judge Immergut agrees to the postponement, then starting in February anyone who purchases a gun in Oregon will be required to have a permit," said Attorney General Rosenblum.

In their letter to Judge Immergut, lawyers for the DOJ noted that leaders of the Oregon State Sheriffs' Association and the Oregon Association of Chiefs of Police had submitted sworn statements to the court stating that, on December 8, no one in the state will be able to complete the in-person firearm safety training required by Measure 114. Their statements also discussed other practical difficulties that sheriffs and police, who are responsible for handling permit applications under Measure 114, expect to face.

 

[arakboss]

What does this part from article mean? "including the process for applying for permit"

 

[zomie]

What does this part from article mean? "including the process for applying for permit"

It means that you can purchase guns until Feb 8th without a permit. The rest of the law goes into effect including the 10 round mag ban, requirement that all firearm sales go through an oregon background check etc etc.

 

[HDR]

What does this part from article mean? "including the process for applying for permit"

I can only take it as “you can apply for a permit, even though one isn’t required, and there are no training classes available anyway”. Ugh. I think the asst AG is trying not to perjure himself after his statement in the hearing. See my link to the official document further up in the thread. More info (kind of) than in the press release.

 

[E4mafia]

So if we can buy guns until Feb (provided the judge allows) that means you can only buy guns with their standard cap mags until the 8th of Dec.
So a day after that they just gonna take the mags that came with the SKU and give you 10rnders?



But whose to say OSP doesn't just pull the brakes and only pass maybe 10 a day from each line? Not to mention most FFLs are near dry on stock.
If OSP must now complete checks this means they can take as long as they like.

Hmmm

 

[arakboss]

It means that you can purchase guns until Feb 8th without a permit. The rest of the law goes into effect including the 10 round mag ban, requirement that all firearm sales go through an oregon background check etc etc.

It says there are three things they want to remain in place.

DOJ's letter explained that other parts of the measure should take effect as scheduled, including the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed – and not just requested"

What does this one mean:

"including the process for applying for permits"

 

[zomie]

So if we can buy guns until Feb (provided the judge allows) that means you can only buy guns with their standard cap mags until the 8th of Dec.
So a day after that they just gonna take the mags that came with the SKU and give you 10rnders?



But whose to say OSP doesn't just pull the brakes and only pass maybe 10 a day from each line? Not to mention most FFLs are near dry on stock.
If OSP must now complete checks this means they can take as long as they like.

Hmmm

yeah, the mags are effed ... they won't be able to transfer them to you. I was going to call the FFL line tomorrow and ask about transferring the mags ahead of time and getting a receipt showing possession before the date. Some manufactures such as Kel-Tec don't even make 10 round magazines for their pistols.

The big difference is we can import guns again and get them before in with the AG's blessing basically so that part of the injunction wont' be fought and would build trust in shipping guns in state.

 

[HDR]

So if we can buy guns until Feb (provided the judge allows) that means you can only buy guns with their standard cap mags until the 8th of Dec.
So a day after that they just gonna take the mags that came with the SKU and give you 10rnders?



But whose to say OSP doesn't just pull the brakes and only pass maybe 10 a day from each line? Not to mention most FFLs are near dry on stock.
If OSP must now complete checks this means they can take as long as they like.

Hmmm

Yep. The stripping of the three day rule may end up accomplishing the real goal of the anti’s. No sales. Period. (Except a few to make it “constitutional”. It’s gonna be a sh!t show folks.