User Panel
Posted: 12/7/2022 12:58:41 PM EDT
You guys lost the fed court battle but won at the state level for now. Was ruled unconstitutional per oregons constitution. The injunction begins when 114 is suppose to begin.
Watch the vid for all the details. Its important info. Some Good and Some News Bad News from Oregon on Ballot Measure 114 |
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Quoted: You guys lost the fed court battle but won at the state level for now. Was ruled unconstitutional per oregons constitution. The injunction begins when 114 is suppose to begin. Watch the vid for all the details. Its important info. https://www.youtube.com/watch?v=GtUBYEJx78k View Quote Thanks. |
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This video seems to be old news now. Apparently a state judge has refused to stay the previous court ruling and now the Oregon Supreme court has ruled and shot it down too. So it ain't happening yet.
Liberal State Supreme Court Sides With 2A! |
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So it's a 10 day restraining order, right? And the Supreme Court only refused to do anything. So what happens in 10 days?
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So what does that mean, in practice?
With respects to magazines, suppose somebody sells me a 30-round magazine, today. The injunction is lifted in a week. Is that magazine not considered "grandfathered"? In this scenario, I would have purchased the magazine after the ban, though there was an injunction in effect... With respect to purchases of new firearms, could an FFL transfer me a firearm while the injunction is in effect? |
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Quoted: So what does that mean, in practice? With respects to magazines, suppose somebody sells me a 30-round magazine, today. The injunction is lifted in a week. Is that magazine not considered "grandfathered"? In this scenario, I would have purchased the magazine after the ban, though there was an injunction in effect... With respect to purchases of new firearms, could an FFL transfer me a firearm while the injunction is in effect? View Quote Well, an injunction means it isn't to be enforced until something is resolved or accomplished...... |
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Quoted: Well, an injunction means it isn't to be enforced until something is resolved or accomplished...... View Quote Attached File At least he better be. I have a couple in the que. |
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Quoted: Right, but any magazines purchased now, even though the injunction is in effect, are not considered "grandfathered?" View Quote If the law is not in effect how could any magazine purchased now be illegal. I believe it is against the constitution for the state to take what was legally purchased and owned without due process. |
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Quoted: If the law is not in effect how could any magazine purchased now be illegal. I believe it is against the constitution for the state to take what was legally purchased and owned without due process. View Quote View All Quotes View All Quotes Quoted: Quoted: Right, but any magazines purchased now, even though the injunction is in effect, are not considered "grandfathered?" If the law is not in effect how could any magazine purchased now be illegal. I believe it is against the constitution for the state to take what was legally purchased and owned without due process. ^ this. Jesus dude it’s not rocket science. Nothing is in effect yet. Buy your mags! |
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Quoted: How so and why should we care? View Quote I don't care if you care or not. Do whatever you want; I'm not your supervisor. My point is that even though there is an injunction, magazines purchased now aren't going to be considered "grandfathered." The text of the law states that it's an affirmative defense if the magazines were owned before the effective date. So technically, you could be strung up on charges for any magazines you purchase today, assuming the injunction is lifted and the law is allowed to take effect. Now, since magazines aren't serialized, who's to say whether the magazine was purchased before/after the effective date? Again, do whatever you want, but I don't see how it could be argued that magazines purchased during the injunction are to be considered grandfathered... |
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Quoted: I don't care if you care or not. Do whatever you want; I'm not your supervisor. My point is that even though there is an injunction, magazines purchased now aren't going to be considered "grandfathered." The text of the law states that it's an affirmative defense if the magazines were [i]owned [color=#ff0000]before the effective date[[/color]/i]. So technically, you could be strung up on charges for any magazines you purchase today, assuming the injunction is lifted and the law is allowed to take effect. Now, since magazines aren't serialized, who's to say whether the magazine was purchased before/after the effective date? Again, do whatever you want, but I don't see how it could be argued that magazines purchased during the injunction are to be considered grandfathered... View Quote Let's argue semantics. |
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So I'm reading that another 10 days have been added to the delay today. The hearing today determined another 10 days are needed to hear all arguments.
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Quoted: So I'm reading that another 10 days have been added to the delay today. The hearing today determined another 10 days are needed to hear all arguments. View Quote Ten more days for another hearing and the permit process. Testimony going on now for the mag ban. Kudos to Mr. Botkin from T.Rex Arms for testifying on behalf of the plaintiffs. He did a good job. Will wait and see what happens on the mag ban. |
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Listening to the states expert whiteness it seams fairly clear they neglected to include all information relevant to the case. The goa attorney is doing ok but I wish he was a little sharper in his questioning.
Not really a skill I have so I am very appreciative he is there now! This is looking like it will drag out for a while. |
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HUGE UPDATES From Oregon on Ballot Measure 114 |
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Quoted: So I'm reading that another 10 days have been added to the delay today. The hearing today determined another 10 days are needed to hear all arguments. View Quote That is not correct There is a 10 day TRO for the magazine ban from 12/8 to 12/18. Very likely there will be an injunction by then. There is a new 10 day tro from 12/13 to 12/23 on the permit to purchase till judge hears all sides. Very likely there will also be an injunction at that date. If you listen to the arguments, the judge is ONLY allowing arguments in line with text and history of gun ownership up to 1888. So unlike the federal judge who is using the two step approach, state judge Rashio is using bruen as the basis for his decisions. Also judge is using the oregon constitution right to bear arms which is stronger than the us constitution as the basis. |
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Quoted: If you listen to the arguments, the judge is ONLY allowing arguments in line with text and history of gun ownership up to 1888. So unlike the federal judge who is using the two step approach, state judge Rashio is using bruen as the basis for his decisions. Also judge is using the oregon constitution right to bear arms which is stronger than the us constitution as the basis. View Quote Seems you guys and kali are getting fortunate with just judges. We in Wa havent been so fortunate...... thus far |
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Quoted: Wa constitution is equally strong on the 2A too. Seems you guys and kali are getting fortunate with just judges. We in Wa havent been so fortunate...... thus far View Quote When we got this judge I was fairly happy. I think he is a judge that will follow the law vs do as told by the governor. |
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Quoted: That is not correct There is a 10 day TRO for the magazine ban from 12/8 to 12/18. Very likely there will be an injunction by then. There is a new 10 day tro from 12/13 to 12/23 on the permit to purchase till judge hears all sides. Very likely there will also be an injunction at that date. If you listen to the arguments, the judge is ONLY allowing arguments in line with text and history of gun ownership up to 1888. So unlike the federal judge who is using the two step approach, state judge Rashio is using bruen as the basis for his decisions. Also judge is using the oregon constitution right to bear arms which is stronger than the us constitution as the basis. View Quote Whats the Feb 8 date for the permit to exercise a right then? I understood it as 12/23 is the new court date on everything but the permit part is out to Feb 8 due to OSP not actually able to make things work/happen meaning everything but the permit BS could be a thing after the 23rd. |
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Quoted: That is not correct There is a 10 day TRO for the magazine ban from 12/8 to 12/18. Very likely there will be an injunction by then. There is a new 10 day tro from 12/13 to 12/23 on the permit to purchase till judge hears all sides. Very likely there will also be an injunction at that date. If you listen to the arguments, the judge is ONLY allowing arguments in line with text and history of gun ownership up to 1888. So unlike the federal judge who is using the two step approach, state judge Rashio is using bruen as the basis for his decisions. Also judge is using the oregon constitution right to bear arms which is stronger than the us constitution as the basis. View Quote Well... There weren't ANY background checks in 1888. ETA: here's some history for you: the maxim machine gun was invented in 1884 and you could buy it through the mail shipped to your door in Oregon with no background check. And the belt that it fed ammo from held at least 100 rounds. |
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Quoted: Well... There weren't ANY background checks in 1888. ETA: here's some history for you: the maxim machine gun was invented in 1884 and you could buy it through the mail shipped to your door in Oregon with no background check. And the belt that it fed ammo from held at least 100 rounds. View Quote Attached File And it is still being used today… |
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Quoted: Well... There weren't ANY background checks in 1888. ETA: here's some history for you: the maxim machine gun was invented in 1884 and you could buy it through the mail shipped to your door in Oregon with no background check. And the belt that it fed ammo from held at least 100 rounds. View Quote I keep hoping these recent SCOTUS rulings will end up with ending any/all carry permits thus creating permitless carry nationwide. And possibly some serious curtailment of most of the NFA laws/rules. Background checks next? |
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Sounds like the injunction on the mag capacity stays in place until the court trial is resolved. So maybe a year or more.
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henry rifle, born during the American civil war 1860 had a magazine capacity of 15rds.
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Just saw this posted on Facebook about 114. Blazing swords and pink pistols lgbt organizations from Florida have joined the lawsuit against 114 in Oregon. Claiming 114 is homophonic etc etc.
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Quoted: Just saw this posted on Facebook about 114. Blazing swords and pink pistols lgbt organizations from Florida have joined the lawsuit against 114 in Oregon. Claiming 114 is homophonic etc etc. View Quote I'm glad they joined in. This is why I find it so hard to believe this thing passed. In oregon even liberals own guns. Most liberals. Even antifa said they were pro gun. They said that's why communism will work here, because we're armed. |
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Quoted: Just saw this posted on Facebook about 114. Blazing swords and pink pistols lgbt organizations from Florida have joined the lawsuit against 114 in Oregon. Claiming 114 is homophonic etc etc. View Quote I got their email about that. Good for them! I helped some of them years ago when there was a lot of homophobic shit happening. They have been a very pro gun and 2nd amendment demographic for many years. |
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You know, this may be the way we get all our 2A rights back. If it can be made a front and center gay rights thing, the media will be falling over itself to support it.
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Quoted: You know, this may be the way we get all our 2A rights back. If it can be made a front and center gay rights thing, the media will be falling over itself to support it. View Quote Probably not. We had a lot of LGBTGBTWEKOBDHZKDBDVSSJ support last year when they passed the mag ban. Didnt even move the needle. |
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Quoted: Probably not. We had a lot of LGBTGBTWEKOBDHZKDBDVSSJ support last year when they passed the mag ban. Didnt even move the needle. View Quote True. But this brings a recognized minority to the table in the fight. Like many classes of people the majority of them don’t see this as impacting them. Sound familiar? Sadly, I fear we are now an identifiable minority that is being preyed upon by the political process. But we will never receive recognition or the protections all the other minorities receive. Thank god for the Constitution! |
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So what are the current dates? When do have until at a minimum?
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Yesterday the judge refused the states request to implement the new law stipulating no transfer without the states approval.
The protects the current state and federal laws that allow a firearm to be released after 3 days if approval is not given. This is very important because that 3 day law prevents the state from effecting gun control by policy. Removing the 3 day protection would potentially open the door for the state to defund the background check system due to “budget cuts” thereby preventing firearm transfers. |
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Why Everyone in Washington and Oregon is Still Waiting for a Major Ruling |
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