Oregon State AG Writ of Mandamus filing

[_Will_]

It's really mind blowing and pathetic to see how far the state of Oregon's AG office is willing to go to try and block the Injunction filed by Judge Raschio in Harney County.

1) That the Plaintiffs in the GOA lawsuit against 114 haven't shown " irreparable harm"

2) Modern firearms aren't what was commonly used in self defense in 1857 and anything containing more than 10 rounds is considered " experimental and unreliable" according to their historians" ( page 15)

3) Citing a Case in San Diego where a 19 year old went into a Jewish Synagogue with the intent " kill as many jews as possible" because he had a 10 round magazine spared the lives of others. " A large capacity magazine would have not afford that opportunity" page 23)

https://www.doj.state.or.us/wp-cont...-MEMORANDUM-OF-LAW-22CV41008-joseph-et-al.pdf

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[E4mafia]

Attention Originalists: The Second Amendment was adopted in 1791, not 1868 – Mark Smith

Attention Originalists: The Second Amendment was adopted in 1791, not 1868 Mark Smith* In June 2022, the Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen,[1] its m…

www.harvard-jlpp.com

 

[Willysmb]

What concerns/bothers me most is how aggressively the AG is pushing for this (specifically the 10 round limit).

Shameless demonstration of true intent.

Do they not understand that this bm passed by the narrowest of margins, and now that the effects are out in the open, I think many who supported it have/are changing their minds.

In short, they are really risking their political career on this.

 

[oregunbob541]

We need to do what we can to get this punted up to the Supreme Court

 

[br1sket]

They aren't risking anything though, the Oregon government is extreme liberals from top to bottom. I have lived my entire life in Oregon. The politicians in Portland look down on the rural natives as pawn scum. They actively hate you.

 

[tkdguy]

They aren't risking anything though, the Oregon government is extreme liberals from top to bottom. I have lived my entire life in Oregon. The politicians in Portland look down on the rural natives as pawn scum. They actively hate you.

Very believable. Looks like those antis think of lawful gun owners as the enemy and not the criminals who commit violence. These neighbors dislike their lawful neighbor. Talking with them is worthless and they personally should be ignored, but for facts in court.

 

[NeverSummer]

Curious question: I have a Sig P365XL with STANDARD capacity magazines of 12 rounds. After this law/rule is in place I will be unable to use those magazines when carrying this pistol for self defense for myself , property or others. The manufacturer is "Out of stock" for Compliant 10 round magazines for this pistol (I am not asking for websites they are in stock, as my point is the manufacturer cannot sell me the compliant magazine as of today), if something god forbid were to happen to my family, others, or property -When outside my home , mobile - as I was unable to carry my sidearm without a magazine because of this rule/law. Wouldn't that be exactly strong grounds for a legal case of "irreparable harm"? I also CANNOT buy a replacement compliant firearm without the needed permit that does not exist.

 

[zomie]

I believe the same thing happened with the covid restrictions which the OR supreme court backed them.

I think the earliest we will see relief is when the 9th finally accepts the CA 10 rounds magazine ban is unconstitutional. The Washington and Oregon bans will fall at the same time.

The permitting process will take an act by the US supreme court as there are parallels in CA, IL, MA etc. I suspect they will shoot it down but we are likely to have 5-10 years of the permits as it bounces in the courts.

 

[zomie]

Curious question: I have a Sig P365XL with STANDARD capacity magazines of 12 rounds. After this law/rule is in place I will be unable to use those magazines when carrying this pistol for self defense for myself , property or others. The manufacturer is "Out of stock" for Compliant 10 round magazines for this pistol (I am not asking for websites they are in stock, as my point is the manufacturer cannot sell me the compliant magazine as of today), if something god forbid were to happen to my family, others, or property -When outside my home , mobile - as I was unable to carry my sidearm without a magazine because of this rule/law. I also CANNOT buy a replacement compliant firearm without the needed permit that does not exist. Wouldn't that be exactly strong grounds for a legal case of "irreparable harm"?

Sounds like you were harmed ... Sadly the public feels safer with you not carrying it as of 50.7 percent Right now the courts are still weighing public interest as that federal judge just used. It isn't what is supposed to be used but ehh bubblegum the supreme court. Are you going to sue the government? You could reach out to the different groups and ask if they need a plaintiff.

 

[RobMa]

This is what tyrants do, they would probably love to gas all of us....

 

[br1sket]

The DA in Portland doesn't even prosecute most crimes, even illegal possession of a firearm goes unpunished. Literally what is the point of triple background checks (chl, gun permit, bcg at point of sale) if you don't prosecute those who carry firearms illegally?

From a couple days ago

Multnomah County public defender shortage leads to criminal cases dropped for alleged child beater, robbers, DUII drivers

Some victims say the courts need to intervene to stop the cycle of crime.

www.oregonlive.com

"The Oregonian/OregonLive combed through the list of 200-plus felony cases in Oregon's most populous county dismissed by judges this year because there wasn't a public defender to spare. While most involved defendants accused of stealing cars, fleeing police or illegally possessing guns, a small but significant swath encompassed face-to-face "person crimes," where defendants were charged with beating, assaulting or threatening the safety of victims – sometimes even with knives or guns."

The city of Portland is a cesspool and crime will continue to rise with morons like this is in charge. 2 years from now they will demand more background checks (a 4th level) because crime will continue to rise due to their catch and release philosophy of not prosecuting criminals.

 

[NeverSummer]

Sounds like you were harmed ... Sadly the public feels safer with you not carrying it as of 50.7 percent Right now the courts are still weighing public interest as that federal judge just used. It isn't what is supposed to be used but ehh bubblegum the supreme court. Are you going to sue the government? You could reach out to the different groups and ask if they need a plaintiff.

Its hypothetical, sorry for the confusion. Thankfully my family is currently safe.

 

[BluesReds]

as I was unable to carry my sidearm without a magazine because of this rule/law. Wouldn't that be exactly strong grounds for a legal case of "irreparable harm"?

I don't know why you're searching for a hypothetical cause of irreparable harm. The courts have already ruled that deprivation of constitutional rights are irreparable harm already.

 

[solv3nt]

This is what tyrants do, they would probably love to gas all of us....

Their first choice would have been to abort you.

 

[NeverSummer]

I don't know why you're searching for a hypothetical cause of irreparable harm. The courts have already ruled that deprivation of constitutional rights are irreparable harm already.

Ok, thanks for letting me know. I guess there is no worry or concern.

 

[Aero Denezol]

They aren't risking anything though, the Oregon government is extreme liberals from top to bottom. I have lived my entire life in Oregon. The politicians in Portland look down on the rural natives as pawn scum. They actively hate you.

100% true.

The State maintains a beautiful mansion in Salem for the Governor and no Oregon Governor has lived there since I was a little kid. They prefer to commute to work from Portland rather than be part of the community in Salem. The Oregon government is too good for Oregon. But... people keep voting for them.

 

[RobMa]

Their first choice would have been to abort you.

I'll make a point of not being offended by this...

 

[solv3nt]

I'll make a point of not being offended by this...

Sorry, couldn't help myself

 

[156256Hunter]

The DA in Portland doesn't even prosecute most crimes, even illegal possession of a firearm goes unpunished. Literally what is the point of triple background checks (chl, gun permit, bcg at point of sale) if you don't prosecute those who carry firearms illegally?

From a couple days ago

Multnomah County public defender shortage leads to criminal cases dropped for alleged child beater, robbers, DUII drivers

Some victims say the courts need to intervene to stop the cycle of crime.

www.oregonlive.com

"The Oregonian/OregonLive combed through the list of 200-plus felony cases in Oregon's most populous county dismissed by judges this year because there wasn't a public defender to spare. While most involved defendants accused of stealing cars, fleeing police or illegally possessing guns, a small but significant swath encompassed face-to-face "person crimes," where defendants were charged with beating, assaulting or threatening the safety of victims – sometimes even with knives or guns."

The city of Portland is a cesspool and crime will continue to rise with morons like this is in charge. 2 years from now they will demand more background checks (a 4th level) because crime will continue to rise due to their catch and release philosophy of not prosecuting criminals.

And on the news a while back, LE was after some guy who was a felon, and in his tent he had two firearms. If they caught him, he's probably back out on the street already. Thanks Oregon!

 

[zomie]