Oregon SB 348 gutted and stuffed to rewrite Measure 114 3/34/23

[Librarian]

Following local custom and making a new thread ...

From OFF

03.25.2023
As we warned you several times, the Oregon Democrats have taken a short, one page "place holder" bill and turned it into a 64 page re-write of gun laws.
The bill is a complete re-write of Measure 114.
We will be analyzing the amendments and updating you as soon as possible, but you can read it all for yourself here:
https://olis.oregonlegislature.gov/liz/2023R1/Downloads/ProposedAmendment/23695
The invited only "informational hearing" is Monday at 1PM. We have no idea who will be invited but we expect the hearing to make sure as little "information" as possible will be presented.
A "public" hearing will follow at 5pm.
If you want to sign up to testify, or if you want to submit written testimony, there are links at the top of this page to do so:
https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB348
Obviously the short notice is designed to give you as little time as possible to analyze this monster or prepare a response. You can rest assured the anti-gun crowd was given this long in advance as usual.
It's the Oregon way.

Appears to be the 65-page product of the Floyd the Robot.

In the .pdf, BOLD is added. [bracket italic is deleted], plain text is existing law.

Quick look ...

Raises the fee for permits from $65 to $150 (renewal, $50 to $110)

Moves the permit requirement date to July 1 2024

Adds a 72 hour wait required between approval of background check and delivery

Makes the magazine ban effective December 8 2022

Here's an interesting bit ...

"(15) A valid permit to purchase a firearm issued under section 4,
chapter 1, Oregon Laws 2023 (Ballot Measure 114 (2022)), is not required
for a firearm purchase from a gun dealer under this section if:
"(a) The purchaser can demonstrate proof of completion of a
firearm safety course as defined in section 4 (8), chapter 1, Oregon
Laws 2023 (Ballot Measure 114 (2022)), and is purchasing:
"(A) A single-shot rifle, whether centerfire or rimfire;
"(B) A double-barreled shotgun;
"(C) A repeating rifle, whether centerfire or rimfire, that has a bolt,
lever, pump, straight-pull or revolving action;
"(D) A rifle with an attached tubular magazine designed to accept,
and capable of operating only with, 0.22 caliber rimfire ammunition;
"(E) A muzzleloader rifle; or
"(F) A shotgun with a pump, break, level or revolving action; or
"(b) The purchaser is:
"(A) An active duty state, federal or tribal police officer as defined
in ORS 181A.355 and presents valid identification and an identification
number issued to the purchaser by the Department of Public Safety
Standards and Training; or
"(B) An active duty member of the Armed Forces of the United
States as defined in ORS 352.313 and presents valid identification.

Part (a) gets deleted for July 1, 2026.

And of course, this is an 'emergency', so the act would take effect on passage.

Read More

 

[GunnerDem]

Following local custom and making a new thread ...

From OFF


Appears to be the 65-page product of the Floyd the Robot.

In the .pdf, BOLD is added. [bracket italic is deleted], plain text is existing law.

Quick look ...

Raises the fee for permits from $65 to $150 (renewal, $50 to $110)

Moves the permit requirement date to July 1 2024

Adds a 72 hour wait required between approval of background check and delivery

Makes the magazine ban effective December 8 2022

Here's an interesting bit ...


Part (a) gets deleted for July 1, 2026.

And of course, this is an 'emergency', so the act would take effect on passage.

I'm a Democrat, and I think this is stupid to the point of nearly evil. I mean, REALLY.

 

[arakboss]

This legislation would require enhanced background by FBI to get a permit to purchase and require FBI to send back finger prints. I believe the FBI said they are not going to do these types of background checks and they certainly are not going to agree to send back the fingerprints. This would mean that an applicant would not be able to get a permit to purchase. SB 348 would be a de facto ban on purchasing firearms.

SB 348 will simply replace Measure 114 with a more restrictive permit to purchase law. This will be very bad for Oregonians.

Edit: My understanding is that even if Saint Raschio was to vacate the entire M114 requirements this would take it's place, am I wrong?

 

[PiratePast40]

... Edit: My understanding is that even if Saint Raschio was to vacate the entire M114 requirements this would take it place, am I wrong?

Interesting concept. I sure hope not but that would sink to one of the lowest of low actions by lawmakers.

 

[arakboss]

Following local custom and making a new thread ...

From OFF


Appears to be the 65-page product of the Floyd the Robot.

In the .pdf, BOLD is added. [bracket italic is deleted], plain text is existing law.

Quick look ...

Raises the fee for permits from $65 to $150 (renewal, $50 to $110)

Moves the permit requirement date to July 1 2024

Adds a 72 hour wait required between approval of background check and delivery

Makes the magazine ban effective December 8 2022

Here's an interesting bit ...


Part (a) gets deleted for July 1, 2026.

And of course, this is an 'emergency', so the act would take effect on passage.

It also prohibits persons under 21 from getting a permit which will no doubt delight some here.


"(b) A person is qualified to be issued a permit-to-purchase under this
section if the person is at least 21 years of age and:

 

[arakboss]

public hearing info for tomorrow:

Judiciary Senate 2023 Regular Session - Oregon Legislative Information System

olis.oregonlegislature.gov

 

[arakboss]

testimony submission info:

Oregon Legislative Information System

olis.oregonlegislature.gov

 

[arakboss]

This option for training requirement is being eliminated:

d) Proof of successful completion of a training course in order to meet
the requirements for a concealed handgun license issued under ORS 166.291
and 166.292 may be submitted for a permit as a substitute for the requirements
in paragraph (c) of this subsection, provided the completed course included
each of the components set forth in paragraph (c) of this subsection.

 

[arakboss]

This change is interesting:

" (15) A valid permit to purchase a firearm issued under section 4,
chapter 1, Oregon Laws 2023 (Ballot Measure 114 (2022)), is not required
for a firearm purchase from a gun dealer under this section if:
"(a) The purchaser can demonstrate proof of completion of a
firearm safety course as defined in section 4 (8), chapter 1, Oregon
Laws 2023 (Ballot Measure 114 (2022)), and is purchasing:
"(A) A single-shot rifle, whether centerfire or rimfire;
"(B) A double-barreled shotgun;
"(C) A repeating rifle, whether centerfire or rimfire, that has a bolt,
lever, pump, straight-pull or revolving action;
"(D) A rifle with an attached tubular magazine designed to accept,
and capable of operating only with, 0.22 caliber rimfire ammunition;
"(E) A muzzleloader rifle; or
"(F) A shotgun with a pump, break, level or revolving action; or


Edit: Single Shot ARs might be in fashion soon.


Edit two: The permit requirement exemption for the above types of firearms goes away in July 2026.

 

[Librarian]

Edit: My understanding is that even if Saint Raschio was to vacate the entire M114 requirements this would take it's place, am I wrong?

Umm, maybe?

The way I remember Raschio's order is that he wants to see the permit process before he'll start the trial; this bill might create the process.

 

[arakboss]

Umm, maybe?

The way I remember Raschio's order is that he wants to see the permit process before he'll start the trial; this bill might create the process.

This bill seems to provide everything Measure 114 wanted and then some. As a legislative bill it seems to me it would stand on it's own and not need Measure 114 to exist?

 

[Yarome]

Umm, maybe?

The way I remember Raschio's order is that he wants to see the permit process before he'll start the trial; this bill might create the process.

That may be what LEVO and MDA are so concerned about. The measure would trigger another lawsuit and in that extreme form is much more likely to be ruled unconstituional... creating legal precedent that would certainly foul up the 114 effort.

Boofrigginhoo... The woke stepping on each others toes to outdo each others tyranny.

 

[Greenbug]

Changing the name of an unconstitutional ballot measure/law doesn't make it less unconstitutional.

These people are thugs using their positions of power to promote their thuggery.

 

[PiratePast40]

Interesting concept. I sure hope not but that would sink to one of the lowest of low actions by lawmakers.

Replying to my own post with additional information:
The lawyers are studying this right now. There is a possibility that the state could make the case that the injunction would no longer make sense because the date has been moved to 2024, and there is nothing to enjoin.

However, the mag ban portion would be in effect upon passage and would require a permit. Technically, anyone could be prosecuted for buying standard capacity mags after Dec 22nd of last year.

Before making any technical comments on this one, Im going to wait for opinions from lawyers and analyists.

I will be submitting testimony and have my request in for in -person testimony Monday afternoon. It will help if more people can come to the rally on Monday. It's critical that we make a show of solidarity.

Please submit testimony. https://olis.oregonlegislature.gov/liz/2023R1/Measures/Testimony/SB348

 

[kmk1012]

F this state, F the dems, F this unconstitutional bs.

 

[Yarome]

There is a possibility that the state could make the case that the injunction would no longer make sense because the date has been moved to 2004, and there is nothing to enjoin.

It's just as easy to rebut that in so much that there is no cause to remove the injunction on an ongoing case if there is no "harm" to the states interests if it is maintained.

I'm more curious to see how the interplay between the legistlation and the "voter approved" measure goes if the bill is passed. I can't imagine how it would be of any benefit to either, in the long run.

I think you're right though that more analysis and introspect is required. The state sure isn't allowing much time at all for that either.

 

[FireArm]

more garbage laws from garbage politicians of Oregon, these politicians need hung for treason.
"SB" and emergency clause to shove it down the throat of the people, because they know it would never pass a vote after BM114 and even Dems being unhappy with the actual attempt that came from that shatshow. JUST like SB941 that stole away the right to private party transfers without FFL involvement .

 

[GrayGoose]

How much more of this tyranny are the people going to take?

 

[TTSX]

BOHICA

 

[ilikegunspdx]

Anybody in OR politics should have seen this bait and switch/gut and stuff coming. But what can anyone do about it? Any "debate" etc is just bs. They will vote along party lines just like in WA. Hate to say I told you so on the bait and switch/gut and stuff, but

Now that illinois used extremely sneaky tactics -replacing the text of an insurance bill with an AWB and got it signed and effective in only 72 hours- teh anti-gunners see a sneaky tactic that worked. You bet your life they will try to repeat it everywhere else they can...