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

[Yarome]

Okay.... I'm no lawyer, but limiting the challenge jurisdiction.... I don't see how that can in any way be legally binding. It would be a state wide law and be subject to challenge anywhere within the state where affected parties reside. What's the play here? Just creating another hurdle so that specific provision must be overcome and thrown out before any challenge to the meat and potatoes of the other unconstituational issues can be challenged before a judge that hasn't been bought and paid for?

A judge just threw out kalafederations court access chilling affect law. This provision seems to be no different... that I can see.

 

[Librarian]

Okay.... I'm no lawyer, but limiting the challenge jurisdiction.... I don't see how that can in any way be legally binding. It would be a state wide law and be subject to challenge anywhere within the state where affected parties reside. What's the play here? Just creating another hurdle so that specific provision must be overcome and thrown out before any challenge to the meat and potatoes of the other unconstituational issues can be challenged before a judge that hasn't been bought and paid for?

A judge just threw out kalafederations court access chilling affect law. This provision seems to be no different... that I can see.

I think the 'extra hurdle' analysis is likely correct.

 

[dancinghippos]

Forcing any legal challenge into a particular court regardless of where the injured plaintiffs are is judge-shopping in advance. And is forcing plaintiffs to pick from a relatively small group of attorneys or else pay big money for lawyers to travel

 

[Yarome]

Forcing any legal challenge into a particular court regardless of where the injured plaintiffs are is judge-shopping in advance. And is forcing plaintiffs to pick from a relatively small group of attorneys or else pay big money for lawyers to travel

I was thinking.... part of that may also be the state legal team not wanting to be bothered with having to travel. Maybe they didn't enjoy their stay in Burns?

 

[dancinghippos]

Forcing any legal challenge into a particular court regardless of where the injured plaintiffs are is judge-shopping in advance. And is forcing plaintiffs to pick from a relatively small group of attorneys or else pay big money for lawyers to travel

Liberals used to complain about rigged debates, pre-determined outcomes that guaranteed results that favor the "establishment ". Now that they are the establishment, they are fine with structural cheating

 

[jayR]

Is this legalese relevant ?
14.175 Acts, policies or practices of public body capable of repetition and likely to evade judicial review. In any action in which a party alleges that an act, policy or practice of a public body, as defined in ORS 174.109, or of any officer, employee or agent of a public body, as defined in ORS 174.109, is unconstitutional or is otherwise contrary to law, the party may continue to prosecute the action and the court may issue a judgment on the validity of the challenged act, policy or practice even though the specific act, policy or practice giving rise to the action no longer has a practical effect on the party if the court determines that:
(1) The party had standing to commence the action;
(2) The act challenged by the party is capable of repetition, or the policy or practice challenged by the party continues in effect; and
(3) The challenged policy or practice, or similar acts, are likely to evade judicial review in the future. [2007 c.770 §1]

 

[The Heretic]

Liberals used to complain about rigged debates, pre-determined outcomes that guaranteed results that favor the "establishment ". Now that they are the establishment, they are fine with structural cheating

This is the way

Regardless of left or right, this is the way people in power act. bubblegum and moan when it works against you, use it when it works for you. Nothing new there. Standard politics and power plays.

 

[arakboss]

What is the most likely time period before SB 348 hits the governor's desk?

 

[peteNW503]

What is the most likely time period before SB 348 hits the governor's desk?

Unfortunately it's tomorrow April 3rd..

 

[Yarome]

Unfortunately it's tomorrow April 3rd..

For all those that legally purchased any mag with a baseplate of any capacity after Dec 2022.... you're a criminal.

Your beloved state thanks you. Go directly to jail... do not collect $200.

 

[GrayGoose]

For all those that legally purchased any mag with a baseplate of any capacity after Dec. 8th, 2022.... you're a criminal.

Your beloved state thanks you. Go directly to jail... do not collect $200.

Actually it's those who created and sponsored this unconstitutional bill who are the real criminals.

 

[PiratePast40]

You can also appeal directly to caucus leadership. Rob Wagner is the Senate President. Cc Dominuque Rossi, the Legislative Director. Below is one example of what you might consider.

Senator Wagner,
The recent addition of the Marion County Circuit Court requirement for judicial action against SB 348 in an insult to Oregonians. These punitive and vindictive tactics make me embarrassed to be an Oregonian. Adding the Marion County Circuit court provision to SB 348 is not only unconstitutional, but a slap in the face to all Oregonians, regardless of party. It is indicative of the vindictive and punitive nature of the very bill itself. It not only disenfranchises citizens from the judicial process, it is also an attack on the equity of all. I urge you to remove this unlawful provision and also remove the December 22nd implementation date for the section on the standard capacity magazine ban.

Best Regards,

You can also email Tim Knopp the Republican party leader and cc his chief of staff Reagan Knopp.

Senator Knopp,
With the unconstitutional and illegal -3 amendment to SB 348, we are seeing the true vindictive nature of some on the Senate Judiciary committee. Senator, I'm afraid this is the time for extreme action. Use whatever leverage you have to stop the litigation clause and the magazine ban provision. It may be budget pressure or a walkout if necessary. Do not let this stand.

Best Regards,

The same emails should go the house leadership and to your representatives.

You can also call all of them and leave voicemails over the weekend. Let's see if we can flood their voicemail inboxes.

Don't forget to write and call Senators Kim Thatcher and Dennis Linthicum for their work in the judiciary committee and on the floor of the senate. They are outnumbered and continue to fight for us at every opportunity.

 

[SonicBlue03]

The Marion County stipulation is flat out unconstitutional and claiming it is because they sign it into law doesn't make it suddenly so. An aggrieved party files in the county they reside.

Put that in your email text to those folks too.

 

[PiratePast40]

Unfortunately it's tomorrow April 3rd..

It has to be passed by the judiciary committee before it goes to the floor for a vote. It will certainly be passed and Prozanski will send it to the floor with a "do pass" recommendation. Possibly a referral to ways and means. The Senate convenes at 10:45 but the work session isn't scheduled until 1pm.

 

[arakboss]

.....

It has to be passed by the judiciary committee before it goes to the floor for a vote. It will certainly be passed and Prozanski will send it to the floor with a "do pass" recommendation. Possibly a referral to ways and means. The Senate convenes at 10:45 but the work session isn't scheduled until 1pm.

Would you expect that we have days or weeks before the Governor would have it on it's desk?

 

[PiratePast40]

I don't really know. Will ask tomorrow. Good question for Jeff Kropf at KSLM radio.

 

[zomie]

 

[DivCurlGrad72]

Don't forget to write and call Senators Kim Thatcher and Dennis Linthicum for their work in the judiciary committee and on the floor of the senate. They are outnumbered and continue to fight for us at every opportunity.

From Dennis Linthicum's website regarding SB 348-3 & HB 2005:

Unraveling their Schemes

 

[coyote223]

I find it quite telling how these totalitarian communists bend over to not prosecute thieves, plea down most other crimes to slaps on the wrists. Thereby making crime necessarily skyrocket. Then they want to go after gun owners who own legal products that these totalitarian communists hate, by making it almost impossible to stop their unconstitutional garbage ban bill. Spineless Republicans will sit on their thumbs and say yes please. Sorry if anyone is offended, not. The democrat party has gone full communist, that is no longer debatable,,,

 

[raftman]

In sorting through the nonsensical legalese, is it correct to interpret that the permit to purchase scheme wouldn't go into effect till 7/1/24 is this bs passes?