JN01
Member
I was wondering if that would be a violation of civil rights under the color of law as covered by 42 USC 1983?
Oregon passes 114 - $65 to purchase a firearm and no mags over 10 rounds
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I was wondering if that would be a violation of civil rights under the color of law as covered by 42 USC 1983?
That is precisely what I was talking about.
dranrab
Member
The fee to buy a gun will NOT stand. Period.
The gun shops are crazy busy everywhere. The “instant” background check system is overloaded with well over 10,000 in it plus a separate line of 1500 plus with CHL’s. The state police only have the manpower to process around 300 per day. Most of these people will still be waiting when this BS measure kicks in. Some shops are saying the line will climb to over 25,000 in the next week. Freaking dumb.
Archie
Member
I grew up in Oregon. Loved the place.
One of many, I can't go home anymore.
One of many, I can't go home anymore.
Will Munny
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What are you basing that on? Courts have allowed fees for purchasing firearms to stand for nine decades at this point. There is no reason to think this will be different.
citizenconn
Member
I work in and live just outside the People's Republic of Houston and you are exactly correct. I figure we have 2 more election cycles before the progressives connive their way into winning the governor and senate seats, barring some unforeseen circumstance. I pray I'm wrong.
Gordon
Member
Sorry not really true and that is NOT the case. Oregon has been notorious for it's radical leftists since the 70s . Those people grew up and had Pink doper diaper babies who also bred leftists voters. The four Counties surrounding Multinomah county (Portland) seemed to vote (who knows how many times with all mail in ballots) in lock step for the measure . So the small realtively area around Portland Salem stuffed this on us . They are not populated by people who left California to escape it's socialist policies. We all cam up here to get concealed carry permits.
LiveLife
Member
Yes.
And what I have noticed is southern Oregon's two south west counties (Curry/Josephine) in past decades have trended more right with conservative Californians moving there and now actively working to secede from Oregon to join "Greater" Idaho - https://nypost.com/2022/10/13/oregons-conservative-counties-eye-seceding-joining-greater-idaho/
I would love to see that happen.
Living here I can tell you guns have been FLYING off the shelves and everyone not living in the city are ticked
Old Dog
Member
This thread should really be combined with the other two threads pertaining to Measure 114, mag capacity restrictions and the impact...
Already news of gun shops that will be closing permanently in Oregon. GunRunner Arms for one. Pretty sad.
Most gun shops have a target date for stopping sales as the background checks won't be completed prior to the measure's effective date. Some retailers already stopped selling firearms.
Oregon already has a hug queue for gun purchase background checks, NICS checks and CHL applications already.
Sorry, my Oregon brothers and sisters.
Already news of gun shops that will be closing permanently in Oregon. GunRunner Arms for one. Pretty sad.
Most gun shops have a target date for stopping sales as the background checks won't be completed prior to the measure's effective date. Some retailers already stopped selling firearms.
Oregon already has a hug queue for gun purchase background checks, NICS checks and CHL applications already.
Sorry, my Oregon brothers and sisters.
Gordon
Member
Gordon
Member
I have , Eugene is a sick, drug infested progressive College town for decades. Coos Bay area voted against 114.
JT-AR-MG42
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One of the many interesting aspects of the new law is that all permit holders (and their purchases) will become public record,
along with their legal address. That law makes no exception for law enforcement private purchases.
Wonder how many LE will like having their address out there?
The fact that roughly 61% of the population that voted means that 31% of the total voters eligible passed that law by a final count of 28,000 votes.
I have to assume that many pro-gun voters did not vote or even peruse their voter pamphlet at all.
JT
along with their legal address. That law makes no exception for law enforcement private purchases.
Wonder how many LE will like having their address out there?
The fact that roughly 61% of the population that voted means that 31% of the total voters eligible passed that law by a final count of 28,000 votes.
I have to assume that many pro-gun voters did not vote or even peruse their voter pamphlet at all.
JT
redcon1
member
NRA-ILA Backed Lawsuit Filed Challenging Oregon Measure 114
THURSDAY, DECEMBER 1, 2022
Today an NRA-backed lawsuit was filed challenging Ballot Measure 114, which voters passed by a slim margin last month. Measure 114 creates a falsely labeled “permit to purchase” a firearm requirement and bans standard capacity magazines, which it also falsely labels as “large capacity,” both of which are unconstitutional.
The permit to purchase is a misnomer. It requires individuals to complete several burdensome tasks to get, but it does not actually permit them to purchase a firearm. The Measure’s text makes that crystal clear: “A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.”
Even worse, there is no system in place to obtain the permit. The lawsuit points this flaw out: “One might think that a state bent on imposing such a novel and burdensome permitting regime would at least take the time to make sure it had the infrastructure and resources in place to ensure that it would operate as smoothly as possible. But Oregon is not even willing to do that. Instead, the state has rushed the effective date of its new law to December 8, 2022—before the vote on Measure 114 has even been certified, and before the mechanisms to comply with it will be anywhere close to in place.” In effect, it is now legally impossible for law-abiding citizens to exercise their rights to acquire a firearm—a fundamental right preserved by the Second Amendment.
But that’s not all. Measure 114 also mislabels magazines capable of holding more than 10 rounds of ammunition as “large capacity magazines” and outlaws them. These magazines “are commonly owned by millions of Americans for all manner of lawful purposes, including self-defense, sporting, and hunting.” The lawsuit argues. “Today, Americans own roughly 115 million of them, accounting for ‘approximately half of all privately owned magazines in the United States.’” These commonly owned magazines cannot be outlawed under the Second Amendment. Indeed just this summer, the United States Supreme Court reversed and remanded two other cases that the NRA brought challenging similar magazine bans in California and New Jersey.
The case was brought on behalf of two individuals, Mazama Sporting Goods, the National Shooting Sports Foundation, and the Oregon State Shooting Association, which is the NRA’s state affiliate. It is captioned Eyre v. Rosenblum and was filed in the United States District Court for the District of Oregon.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.
'Blatantly unconstitutional': Strict gun control law faces new NRA-backed legal challenge:
https://www.foxnews.com/us/blatantl...a-backed-legal-challenge#&_intcmp=hp1r_2,hp1r
https://www.foxnews.com/us/blatantl...a-backed-legal-challenge#&_intcmp=hp1r_2,hp1r
LiveLife
Member
Three lawsuits filed to block Measure 114 seeking preliminary injunction, permanent injunction and temporary restraining order - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-10#post-12480317
It doesn't look good for state of Oregon as they are using incorrect arguments and citing 9th Circuit En Banc panel ruling that is moot post Bruen ruling as "two-step" approach was eliminated and now only "text and history" approach is used for Second Amendment cases - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-10#post-12480318
And what do you mean "magazines" are not "arms"? Haven't they heard of Caetano v Mass Supreme Court ruling?
Just as modern forms of communication like email/texting is free speech protected by the First Amendment, modern types of "arms" like magazine fed semi-auto firearms are "arms" protected by the Second Amendment.
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JT-AR-MG42
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Just talked to an Oregon dealer yesterday.
He informed me that he received a 'text to all dealers in Oregon' (my wording) from the
Oregon State Police (the only entity who handle and approve firearms transfers) that the roughly 35,000
pending transfers that dealers had already turned in prior to the December 7th cut off of transfers, including those to CHL permit holders,
are going to be withheld pending the purchasers' obtaining the new permit first.
No grandfather clause here, even though the 10.00 transfer fee that the buyer already had to pay in advance of the transfer
is in the hands of the State Police with no refund available.
Since the State Police only enforce the law, not interpret it, this 'no grandfather' clause had to have been ordered
from the A.G. or the Oregon DOJ.
If nothing else, this indicates to me the State's intention to contest all aspects of challenges with the new law, i.e. another roadblock
that the State will defend with tax dollars.
I see a new lawsuit on this, as the State took the money for a legal transfer and then changed the rules after the fact.
JT
He informed me that he received a 'text to all dealers in Oregon' (my wording) from the
Oregon State Police (the only entity who handle and approve firearms transfers) that the roughly 35,000
pending transfers that dealers had already turned in prior to the December 7th cut off of transfers, including those to CHL permit holders,
are going to be withheld pending the purchasers' obtaining the new permit first.
No grandfather clause here, even though the 10.00 transfer fee that the buyer already had to pay in advance of the transfer
is in the hands of the State Police with no refund available.
Since the State Police only enforce the law, not interpret it, this 'no grandfather' clause had to have been ordered
from the A.G. or the Oregon DOJ.
If nothing else, this indicates to me the State's intention to contest all aspects of challenges with the new law, i.e. another roadblock
that the State will defend with tax dollars.
I see a new lawsuit on this, as the State took the money for a legal transfer and then changed the rules after the fact.
JT
Gordon
Member
And that is a blatant violation of the Fifth and Fourth Amendments that will be imm. restrained on the first reading by a Court with an impartial judge. The Portland court has no such judge anymore, but the 9th Circuit now does have some .
In fact this December 8th cut off is BS as the bill says it goes into effect 30 days after it is certified by election. Since Oregon's "keep counting votes until last one is counted " policy was in effect the vote was NOT fully counted untill two weeks after the election date and then took ratification by the state authorities = around 20 December by my figures, at the earliest. So the date was a violation of their own wording of the Bill.
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More interesting all the time. A state court has stayed implementation of all aspects for 30 days, while a federal court has refused to stay implementation but allowed an additional 30 days for the licensing component. Stay tuned for further developments. Here's a news article on the state court action: https://www.oregonlive.com/crime/20...arney-county-judge-in-separate-challenge.html
LiveLife
Member
Although Supreme Court has ruled only "text and history" approach be used for Second Amendment cases, some lower courts are going to "resist".
But these lower court rulings will undoubtedly be appealed to higher courts and ultimately the Supreme Court will rule according to "text and history" approach post Bruen ruling in line with Heller and Caetano which ruled modern types of arms like modern forms of communication (Email, texting, online forums, etc. protected by the First Amendment) are protected by the Second Amendment.
So we are going to prevail at state court level or federal district/circuit court level or ultimately at the Supreme Court. Remember that hundreds of federal court judges are appointed by each president during their term and depending on who resides at the White House, federal court make up can and has been shifting.
And depending on who wins the 2024 election, federal courts and Supreme Court make up can and likely will shift even further with lasting effects to be felt for decades and generations to come. Elections have consequences.
Regardless what happens in Oregon, judge Benitez is expected to rule CA magazine ban unconstitutional AGAIN for Duncan v Bonta on 12/12/22 and although his ruling will likely be appealed to the 9th Circuit AGAIN, but this time around the courts must follow the "text and history" approach in making their rulings post Bruen ... a game changer.
It's a whole new world with "open season" on decades old anti-gun laws with most to be ruled unconstitutional ... and the antis don't like it and they are waving their arms and yelling in protest ... but in the end, it won't help.
AP News confirmation of "open season" on anti-gun laws - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-10#post-12427677
Start of "D-Day" counterattack by pro-gun crowd on anti-gun (And these are new lawsuits to pile on top of existing/current lawsuits working their way up the courts) - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-10#post-12461448
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Yes it keeps getting interesting in Oregon. A state judge granted a temporary restraining order to keep all of Measure 114 from going into effect.
https://www.gunowners.org/goa-and-gof-secure-comprehensive-tro-against-oregon-gun-law/
https://www.gunowners.org/goa-and-gof-secure-comprehensive-tro-against-oregon-gun-law/
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