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If they delay people being able to buy firearms because the permit was not in place it gives leverage in the lawsuit. "A right delayed is a right denied". the permit is put off until February it gives more potential backbone to keep measure 114 around longer because in "did not inhibit peoples rights."

In my mind we would see a ruling faster because people are being denied their rights.
I don't know...seems a distinction without a difference. The permitting scheme is unconstitutional whether it starts Thursday or in Feb. There will be no shortage of people with standing either way.
Illinois has a similar, but long standing, permiting scheme...FOID card. Just declared an unconstitutional requirement for purchasing a house gun.
 
You are correct as most will have standing.

It is Oregon so wrong is right and right is wrong.

In the meantime most FFL's will close.

Just wait until the legislature bans online sales. Where will you be able to purchase ammunition in the state?
I feel mediocre about the ffl's closing. Many of them profited off the elimination of private sales in 2015.
Unpopular opinion but $40-70 for a transfer is ridiculous.

Mom and pop stores that did the transfers for a minimal fee I have respect for. But it didn't sit well with me that many of them took advantage of gun owners.
 
I don't know...seems a distinction without a difference. The permitting scheme is unconstitutional whether it starts Thursday or in Feb. There will be no shortage of people with standing either way.
Illinois has a similar, but long standing, permiting scheme...FOID card. Just declared an unconstitutional requirement for purchasing a house gun.
People will accept it and it will take longer to repeal all of 114. Longer to repeal the magazine restrictions
 
I feel mediocre about the ffl's closing. Many of them profited off the elimination of private sales in 2015.
Unpopular opinion but $40-70 for a transfer is ridiculous.

Mom and pop stores that did the transfers for a minimal fee I have respect for. But it didn't sit well with me that many of them took advantage of gun owners.
I'm with you on that for the simple reason that not many had signs up nor contributed to fight against 114. Then again you'd think they'd band together and file a lawsuit but that hasn't happened that I am aware of.
 
The AG in the letter argues that the lawsuits [edit heard on friday] hadn't challenged whether a permit application process would be ready by the 8th, which presumably gives the AG leeway to backpedal in the letter.

I thought maybe there'd be more lawsuits after the 8th, when no one could effectively fill out the paper application because they couldn't fulfill the training requirement
Yes, I bet you are right. Right now, the first three of these are challenges to the measure on its face. After the 8th will likely come the challenges "as-applied" to individual plaintiffs. I think Sportsman's Warehouse is that type of claim.
 
Not quite; the DOJ letter says

Judge Immergut did not hear anything (official) from Eyre or Azzopardi on Friday. I don't actually know if either of those have been assigned to a judge, both having been filed on the weekend, so more hearings should pop up shortly.
All four are assigned to the same judge.
 
IMO, the best thing that can happen is for the judge to recognize the validity of the injunction based on the states request and say F no to the delay and yes to the injunction. The AG just proved that an injunction is justified. If the state wanted a delay, they had the power to do it weeks ago and decided to play the arrogant bubblegum card instead.
I agree. If the judge grants an injunction, she can easily say it is in effect "until further order if this court." If the AG thinks the permit process is far enough along, he can ask the judge to release whatever part he thinks he then has covered. Both sides file briefs, another hearing, and another order…
 
Since the AG is arguing that the measure itself is three different topics, is that considered testimony? If so, it is an admission that the measure, under Oregon law, should never have been on the ballot in the first place.
No, three types of challenges to the measure means just that there are three different arguments in the complaints - has nothing to do with the number of topics in the measure.
 
Nobody (to my knowledge) has made that a part of their lawsuit so the judge is not going to weigh in on that aspect. Plus, I think that would have to be addressed in State Court, not Federal Court.

It's not a strong argument anyway. All three parts of this measure were lumped under the single banner of "gun violence" which is how it passed the multiple topic smell test.

-E-
Agree on all points. The time in which to make such a claim against the measure based on the one topic rule has likely expired.
 
I believe this is a misconception. The Attorney General is the chief executive of the Department of Justice. The Department of Justice is part of the executive branch. They do not run the courts. They are essentially the state government's prosecutors.

The courts (judiciary) fall under the Judicial Branch, a separate branch of government, whose boss is the Chief Justice.

I could not find a state gov't org chart anywhere but I'm pretty sure that's how it works.
That is correct.
 
I feel mediocre about the ffl's closing. Many of them profited off the elimination of private sales in 2015.
Unpopular opinion but $40-70 for a transfer is ridiculous.

Mom and pop stores that did the transfers for a minimal fee I have respect for. But it didn't sit well with me that many of them took advantage of gun owners.
I had this same view until I started helping out an FFL. There is much more work involved in handling a transfer than I realized. And now Measure 114 is adding extra steps to the process. Tigard Pawn has been one of the least expensive around at $27 but they are going to have to raise their price and other FFLs will have to do the same.
 
A lot of people won't. There will be a high percentage of people who apply for the BGC and wait 30 days, get kicked out for being over 30 days, resubmit, wait 30 days, etc. When the queue reaches a critical mass it will end up with people in a viscous cycle of being kicked out over and over because OSP cannot possibly get to them in under 30 days. I hope FFLs continue to do 3 day releases all the way up to the "implementation" of 114.
I bet OSP piles on staff to get that queue down faster. No days off, double shifts, administrative folks making phone calls, etc. They don't want all this landing on them.
 
Wondering who actually has the authority to delay implementation of legislation. I get that a judge can delay it based on constitutional grounds, but what about this particular request from the DOJ? The Secretary of State works for the executive branch and made the decision to implement on Dec 8th. The AG is a part of the judiciary and is asking the federal court to delay based on inability to perform as directed, not constitutionality.

So is the state judiciary branch is asking a federal judge to override the state executive branches orders? Why doesn't SOS or Governor just issue a letter saying they're going to delay until they're ready? The pleas against the measure have been made in a federal court and I, sort of, understand why the defense is making the request to that court, but is it really necessary when the delay could be handled by the people that set the deadline?

It's a little after 4am and I'm not finished with my first cup of coffee yet, so hoping my questions make sense.
Before the lawsuits were filed, the Governor could have issued a valid executive order that the permitting won't be required until the rules are written, LE is given funding to do their part and the impossible parts are figured out. I expected her to tell OSP to announce they were delaying enforcement until details could be worked out. But once a lawsuit is filed, I think it is out of her hands and up to the judge. That's why the DOJ is suggesting it, because they have been told the permitting can't work by Dec. 8 and they have no arguments it can.
 
Suspending the permit requirement while allowing the 3 day release to be eliminated won't help most of the people stuck in the queue. The queue will continue to grow. It will help those who get instantly approved, which has been a large percentage of people at Tigard Pawn.
 
I had this same view until I started helping out an FFL. There is much more work involved in handling a transfer than I realized. And now Measure 114 is adding extra steps to the process. Tigard Pawn has been one of the least expensive around at $27 but they are going to have to raise their price and other FFLs will have to do the same.
Care to elaborate on what makes it so different to justify the $15-60 increase over the standard 4473 process for those less informed? (Aside from having to check to see if the firearm being transferred was stolen and having to take down the sellers info).
 
Suspending the permit requirement while allowing the 3 day release to be eliminated won't help most of the people stuck in the queue. The queue will continue to grow. It will help those who get instantly approved, which has been a large percentage of people at Tigard Pawn.
I don't think anyone is talking about suspending the permit requirement. The state wants to delay it, which would mean that things go on as normal for the next two months or whenever thy enact legislation for funding and implementation. The plaintiffs are asking for an injunction. If the injunction is granted, it goes to court, but everything goes as normal until a decision is made. I believe the hearing is scheduled for March so life goes on until at least then.
 

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