Update from OSP about 114

[ilikegunspdx]

It doesn't matter what the drafters say in it, what matters is the constitution.

Agree. I don't see how this would stand up in court. Ballots were still being counted after midnight Nov.8. Also many of the mail in ballots had not even arrived yet and were counted days later. How can they say "voter's approved" until the votes are counted and certified?

Looks to me like SOS is trying to illegally force it to go into effect as soon as they can get it.

 

[GrayGoose]

Looks to me like SOS is trying to illegally force it to go into effect as soon as they can get it.

Wonder what the punishment for treason is?...

 

[Lilhigbee]

Wonder what the punishment for treason is?...

After watching the congress-critters and governors for the west coast for the past few years, apparently nothing.

 

[Jay Walk]

Wonder what the punishment for treason is?...

Nothing.
You haven't been paying attention, have you?

 

[P7M13]

Maybe they should learn to code

View attachment 1313874

 

[Soli]

It doesn't matter what the drafters say in it, what matters is the constitution.

Oregon Constitution

Sec 1. (4)(d)

(d) Notwithstanding section 1, Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.

 

[solv3nt]

Oregon Constitution

Sec 1. (4)(d)

(d) Notwithstanding section 1, Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.

How can it be enacted if it hasn't been certified? They're still counting.....

 

[Soli]

It's after the votes are cast, not after they're certified.

Makes sense, getting away from the current bubblegum and my desire for it all to go up in flames. The vote's the vote - certification could conceivably be argued and take forever. I guess. Shrug. Back when it was assumed that we actual had an election DAY and you couldn't vote after election day, and people could actually count, and they thought it important enough to do it quickly because, you know, public trust in the bubbleguming elections it made sense.

 

[GrayGoose]

How can it be enacted if it hasn't been certified? They're still counting.....

The mentally deranged libtards don't care.

 

[nehalemguy]

I read an interesting take on this earlier today..........a December 8th start date may actually be a good thing for us.

LEVO and 114 advocates stated in the earlier Oregonlive.com article that they believed that Jan 15th would be the start date and that things would proceed as they are now until the new process was in place and ready for a slow roll out. This would give LEVO time to tweak, massage, and perhaps salvage some of the more blatant unconstitutional provisions in their favor......or so they thought.

That assumption went out the window this afternoon. Now LEVO is faced with having their law go into full effect before the state legislature can make any fixes....i.e.the phantom ORS listed in the magazine ban section, and before any semblance of a permit system is in place, leaving Oregon residents unable to exercise their constitutional rights.

Let the lawsuits rain!!!!!

-E-

 

[19xFlash556]

They have two choices: continue with the existing process or halt all approvals until such time as they have a system in place. The latter will generate massive amounts of lawsuits which they do not want. Looking at the link, there are two messages: "Fagan is a c*nt and no guns released until background checks are completed as we work to build out the permitting process."

If they don't come up with a fast way to allow gun sales. That is not a good look in the higher courts. That is why all the LEVO folks are very careful on what they're saying. "Oh we thought it would come into effect Jan 8th or They wouldn't make it law until the system could be up and running."

Folks are going to get Denied not meeting the 30 day window.
If it's a transfer, you can bet there's going to be restocking fees.
I expect a class action lawsuit just on money lost due to this measure to happen.
Crime goes up & Law Abiding Citizens are only able to "shoulder shrug" since we're taken out of the equation by this measure.

 

[tkdguy]

Great grounds for a plaintiff law suit if two state agencies issued conflicts!

 

[tkdguy]

Great grounds for a plaintiff law suit if two state agencies issued conflicts!

If anyone finds a state issued notice of the 30 day certification, etc. vs the OSP deadlines; let us bring these forward. Including Newspaper articles. Please send to OFF, SAF and others. Great fodder for injunction...i'd think.

 

[Char77]

Can't FFLs exercise their discretion and release firearms before December 8th? I understand that they wouldn't want to make this a universal policy but if you were well known to the proprietors or had completed another recent transfer with them, it would be a sensible approach.

Most won't even if it's legal. Maybe relevant, I wonder what will happen to all the checks stuck in the queue after the 8th if they require a permit for them. Will they just be stuck in limbo or will OSP actually deny all of them? If they're actually denied then police would presumably be sent to take all the guns that were released; this probably wouldn't end well for a lot of them and would lead to a ton of lawsuits.

 

[dancinghippos]

Most won't even if it's legal. Maybe relevant, I wonder what will happen to all the checks stuck in the queue after the 8th if they require a permit for them. Will they just be stuck in limbo or will OSP actually deny all of them? If they're actually denied then police would presumably be sent to take all the guns that were released; this probably wouldn't end well for a lot of them and would lead to a ton of lawsuits.

I saw a gun store purchase agreement that said if the background check fails the customer pays a $100 restocking fee out of their refund. If they are all like that it will discourage sales near the deadline.

 

[bigezfosheez]

Oregon state constitution says it can be enacted no sooner than 30 days after the vote is certified

 

[bigezfosheez]

So the Secretary of State and OSP are BOTH in blatant noncompliance with state law? This is actually insane. How is that even possible?

Maybe OSP is intentionally going against constitution to help get it thrown out.

*Wayne Campbell* "NOTTTT"

 

[DragoonCabbage]

I saw a gun store purchase agreement that said if the background check fails the customer pays a $100 restocking fee out of their refund. If they are all like that it will discourage sales near the deadline.

My understanding is that a background check won't fail due to lack of permit. It will simply become a prerequisite to initiate the transfer on 12/8 (and presumably a requisite to complete the transfer). The burden to check the permit is placed upon the FFL. I see no indication that the permit is considered at any other time in the transfer. Though the FFL may lose their liability protections if they fail to check the permit and will be committing a class A misdemeanor besides.

As such, it seems to me that the best strategy is for FFLs to make sure they've placed background checks, complete the transfer after the mandatory waiting period, then notify OSP that the transfer has been completed. As long as this entire process is completed before the 12/8 deadline, the transfer should be properly and lawfully completed under current law. I can understand an FFL deciding against this where they are suspicious of a buyer (insofar as they feel responsible for safe use of the firearm thereafter) but it seems the obvious choice to me for known and proven buyers.

I could well be wrong here. I only have the armchair expertise of anyone else who has read the measure and existing laws several dozen times trying to figure this out. To be perfectly frank, it doesn't seem like the experts are any further along than that; at least on the proponent and enforcement side of things.

 

[USAF Medic]

Just got word that Oregon Measure will take affect at 12am 8 Dec 2022

From the notice I received, it was clear that OSP has no understanding of what the new requirements will entail.
A fingerprint background check, so won't be possible to do over the phone.
Permission from a Sheriff of Political ce Chief for each purchase.
From my experience with n getting a CHP
I estimate that it will take six months to purchase a firearm in Oregon

 

[TTSX]

Yes. We know