Posted: 6/21/2024 2:11:34 AM EDT
[Last Edit: rattleakak][Edited]
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Just read this https://www.oregonlive.com/crime/2024/06/oregon-measure-114-harney-county-judge-turned-gun-control-law-on-its-head-state-argues.html Any legal experts that can let us know what's next? What happens if the court vacates Raschio's injunction? |
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Not a legal expert but have been following this closely. The state missed the deadline for filing briefs and Tony Aiello, our attorney, filed a motion to dismiss the appeal entirely. The appeals court turned that down because the missed date was due to the Oregon DOJ not providing updated transcripts in a timely matter. It ends up delaying things by about a week. The plaintiffs now have until around the end of July to get their briefs filed. As the author of the article pointed out, several groups have also filed amicus briefs on behalf of the state. I've heard that the appeals court will hear arguments sometime mid-September but can't verify. They don't have it on their calendar yet, but that calendar only goes out to the end of August. Due to the make-up of the appellate court, it's quite possible that they will overturn Judge Raschio's decision. If that happens, M114 would go into effect as soon as they want. Not sure how far along the OSP is with implementation, but they received something around 30 million last summer to get ready. However, the counties aren't even close to being ready and don't have the manpower to administer the permit process. That won't effect the magazine ban or purchase delay which the state could implement as soon as they want, regardless of the permit issue. Best advice is to buy what you can now. |
Call sign "Notorious"
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Originally Posted By Piratepast40: Not a legal expert but have been following this closely. The state missed the deadline for filing briefs and Tony Aiello, our attorney, filed a motion to dismiss the appeal entirely. The appeals court turned that down because the missed date was due to the Oregon DOJ not providing updated transcripts in a timely matter. It ends up delaying things by about a week. The plaintiffs now have until around the end of July to get their briefs filed. As the author of the article pointed out, several groups have also filed amicus briefs on behalf of the state. I've heard that the appeals court will hear arguments sometime mid-September but can't verify. They don't have it on their calendar yet, but that calendar only goes out to the end of August. Due to the make-up of the appellate court, it's quite possible that they will overturn Judge Raschio's decision. If that happens, M114 would go into effect as soon as they want. Not sure how far along the OSP is with implementation, but they received something around 30 million last summer to get ready. However, the counties aren't even close to being ready and don't have the manpower to administer the permit process. That won't effect the magazine ban or purchase delay which the state could implement as soon as they want, regardless of the permit issue. Best advice is to buy what you can now. Thanks for the response. Agreed, I however am not in a position to "need" to buy a bunch of stuff as I have been in this game for 27 years. I am more interested in knowing what avenues our side can take in keeping 114 from going into affect. Your answer is pretty much in line with what I had speculated, as I am by no means a legal expert. So is there any way another injunction could keep this off the books until the Oregon Supreme court can hear the case? Not that I expect the OSC to rule in our favor, just wanting to know is there ANYTHING left to do. 114 is a piece of unconstitutional hot garbage and will gut Oregon's firearms industry (big box stores excluded) and the rights of the people. |
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It's a little late for the football team to start putting on condoms after the cheerleaders are pregnant. You can contribute to the law suit directly to our attorney, Tony Aiello, or through GOA. He's a link to Tony's facebook page. If you would like a tax credit or a tax deduction, you can donate to OFF and ask that the funds go to Measure 114 defense. OFF. The education foundation is tax deductible and a donation to the OFF PAC is a tax credit up to $50/individual and $100/couple. With the tax credit, you actually get your money back. Other than that, buy what you think you'll want ASAP. I don't have a lot of hope that a liberal appeals court or supreme court will see it our way. Going forward, people need to educate themselves about the politics that drove this debacle in the first place. If we don't support the conservatives in key races, we'll be losing the long term battle. We're only a few seats away from the Dems achieving a supermajority in the House again. A seat we might be able to pick up is House District 19, south Salem. If you can't get out and knock on doors or help with phone calls and mailers, at least donate to David Browns campaign. You can also contact your county Republican Party and ask what you can do to help. You might live in a helplessly blue district but that doesn't mean you can't help out in other areas. |
Call sign "Notorious"