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

[Librarian]

Found out this was an amendment by David Brock Smith. They won't even consider it.

The idea is to punish gun owners, not do anything reasonable.

Yeah, rational thought is not on the Agenda in Oregon.

 

[greghaz]

Looks like they threw concealed carry permit people a bone.

Agreed.

But it takes more than one drop of perfume into an outhouse to change the odor.

 

[solv3nt]

Yes. But only one drop of perfume into an outhouse don't really change the odor.

No. They also don't give CCLs an exemption from the permit. It's a bone.

 

[ilikegunspdx]

No. They also don't give CCLs an exemption from the permit. It's a bone.

The thing that gets me is by repealing m114 and replacing it with a new m114 the current lawsuits are null and void. And the time and $ spent on them is also lost. It resets the clock for the lawsuits as they will have to start an all new one, all new costs etc. At least they know where to find a favorable court though.

 

[RVTECH]

Maybe its time to restrict the states ability to misuse the emergency clause as a default position to defeat voter oversight of their actions.

Ditto this.

The 'Emergency clause' is nothing but a free pass to do whatever they want. It needs to be dramatically limited in it's use with only extreme proof of actual emergencies (under any condition) before it can be used.

 

[Librarian]

Kevin at OFF writes there is yet another amendment, this time out of Senate Judiciary. https://olis.oregonlegislature.gov/liz/2023R1/Downloads/ProposedAmendment/24269

Note this at the end

"CHALLENGE TO LEGALITY OF ACT
"SECTION 23. Any action challenging the legality, including the
constitutionality, of this 2023 Act must be commenced in the Circuit
Court for Marion County."

EDIT so far as I can tell with a search of ORS, there is no comparable language anywhere in the statutes today.

 

[arakboss]

Kevin at OFF writes there is yet another amendment, this time out of Senate Judiciary. https://olis.oregonlegislature.gov/liz/2023R1/Downloads/ProposedAmendment/24269

Note this at the end

EDIT so far as I can tell with a search of ORS, there is no comparable language anywhere in the statutes today.

That is f'd up. This anti gun legislature is deserves to rot in lava when they move on.

 

[arakboss]

When SB 348 passes the penalties will be retroactive back to December 8, 2022. Is there much precedence in Oregon of punishing people for an act they committed before a law was passed that prohibited the act?


"SECTION 22. Section 13, chapter 1, Oregon Laws 2023 (Ballot Measure
114 (2022)), is amended to read:
" Sec. 13. The provisions of [this 2022 Act] chapter 1, Oregon Laws 2023
(Ballot Measure 114 (2022)), apply to all actions taken on or after [the ef-
fective date of this 2022 Act] December 8, 2022, [unless] except as expressly
stated otherwise [herein] by law. [This 2022 Act may be known and cited as
the Reduction of Gun Violence Act.]

 

[arakboss]

What does language in bold mean? If I was caught with contraband mag is it too late to relinquish it.

Example: I am traveling in car with contraband mag and get pulled over for white power leaking from my trunk. They search my trunk and find the 50lb sack of flour I had in there and a 30rnd pmag. Could I surrender the pmag at that point to avoid prosecution?

[(d)] (6) It is an affirmative defense, as provided in ORS 161.055, to
the unlawful possession, use and transfer of a large-capacity magazine
in this state by any person that the person has permanently and voluntarily relinquished the large-capacity magazine to law enforcement, or to a
buyback or turn-in program approved by law enforcement, prior to the commencement of prosecution for the possession, use or transfer by arrest,
citation or a formal charge

 

[PiratePast40]

When SB 348 passes the penalties will be retroactive back to December 8, 2022. Is there much precedence in Oregon of punishing people for an act they committed before a law was passed that prohibited the act?


"SECTION 22. Section 13, chapter 1, Oregon Laws 2023 (Ballot Measure
114 (2022)), is amended to read:
" Sec. 13. The provisions of [this 2022 Act] chapter 1, Oregon Laws 2023
(Ballot Measure 114 (2022)), apply to all actions taken on or after [the ef-
fective date of this 2022 Act] December 8, 2022, [unless] except as expressly
stated otherwise [herein] by law. [This 2022 Act may be known and cited as
the Reduction of Gun Violence Act.]

That part about magazines was in the original amendment. Still BS, just not new to -3.

 

[PiratePast40]

If anyone here is going to the Tillamook gun show this weekend, stop by the table and introduce yourselves. I'll have a table for OFF and will be handing out the information flyers.

 

[arakboss]

That part about magazines was in the original amendment. Still BS, just not new to -3.

The raises a good point. If Measure 114 was ultimately allowed to take effect as written would acquisition of contraband mags during the restraining order period be subject to prosecution?

SB 348 is it's own animal separate from M114 so it should not be bound by restraining order, injunction, decision etc from Harney County Court?

 

[arakboss]

What about FFLs who violated the new law before it existed? Assuming this passes, if an FFL sold or transferred contraband mags in Oregon after Dec 8th 2022, they would appear to have violated SB 348? Will ATF start yanking licenses of FFLs who violated SB 348 at the request of Oregon AG?

 

[JJE76]

if this POS goes through could the AG request online transaction records from every online gun retailer after Dec 8?

 

[arakboss]

if this POS goes through could the AG request online transaction records from every online gun retailer after Dec 8?

That is my concern. If the people who think the ATF is looking for reasons to shut FFLs down are right, then the ATF could easily discover the violations during audits.

 

[JJE76]

That is my concern. If the people who think the ATF is looking for reasons to shut FFLs down are right, then the ATF could easily discover the violations during audits

That is my concern. If the people who think the ATF is looking for reasons to shut FFLs down are right, then the ATF could easily discover the violations during audits.

Such a mess. Time to start shopping again.

 

[SonicBlue03]

That they are attempting to limit where you can challenge the constitutionality of a law in itself is unconstitutional in its discrimination.

At this point the argument that Floyd is acting in good faith goes out the window. I think challenging their civil protections gets stronger just now.

 

[zomie]

Kevin at OFF writes there is yet another amendment, this time out of Senate Judiciary. https://olis.oregonlegislature.gov/liz/2023R1/Downloads/ProposedAmendment/24269

Note this at the end

EDIT so far as I can tell with a search of ORS, there is no comparable language anywhere in the statutes today.

I can't believe this would hold up legally. I suppose they figure worst case this would further delay they fight against it.

 

[jackrv]

Decided not to post what I was going to say.

Jack

 

[M_in_NW]

A bit of game-changing good news..

Federal judge strikes down Minnesota law banning 18-20-year-olds from obtaining gun permits

A federal judge in Minnesota has struck down a state law that prohibited adults under 21 from obtaining a license to carry handguns in public, ruling that the law violated the Second Amendment.

www.foxnews.com