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Judge Rules Oregon Gun Measure 114 Unconstitutional Login/Join 
I kneel for my God,
and I stand for my flag
posted
 
Posts: 1898 | Location: Oregon | Registered: September 25, 2001Reply With QuoteReport This Post
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Cool for you guys. But (and look where I’m from) expect an appeal from the state AG, then to the 9th (who automatically grant stays in 2A cases)and then maybe in a decade work its way to the SCOTUS. Hopefully the makeup of the court doesn’t change by then.

Sucks, but Oregon has become CA with more rain.
 
Posts: 830 | Location: Orange County, CA | Registered: December 21, 2005Reply With QuoteReport This Post
I kneel for my God,
and I stand for my flag
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Here's a link with the actual ruling if anyone is interested. Judge Raschio did a great job of spelling it out.

https://www.oregonfirearms.org...red-unconstitutional
 
Posts: 1898 | Location: Oregon | Registered: September 25, 2001Reply With QuoteReport This Post
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quote:
Originally posted by jer830:
Cool for you guys. But (and look where I’m from) expect an appeal from the state AG, then to the 9th (who automatically grant stays in 2A cases)and then maybe in a decade work its way to the SCOTUS. Hopefully the makeup of the court doesn’t change by then.

Sucks, but Oregon has become CA with more rain.

Raschio's ruling is based upon the Oregon state constitution, I don't know that there's a federal issue -at the moment - that would jump this into the 9th Circus.


==============================
On the fields of friendly strife are sown the seeds that on other days and other fields will bear the fruits of victory.
Gen. Douglas MacArthur
 
Posts: 3106 | Location: Houston | Registered: December 09, 2006Reply With QuoteReport This Post
Ignored facts
still exist
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Once again Gun Owners of America delivers, and why I am a proud member of this organization. Good Job GOA.

That said, these fucked up liberal Oregon "churches" which backed this measure have got to stop it.

They take a dump and then walk away. Didn't cost them a dime.

Not to mention, churches really aren't supposed to back political causes, but nobody seems to care about that at the moment.


.
 
Posts: 11213 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
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Yeah, but if those same churches had supported a conservative cause instead, they'd have been shut down immediately.
 
Posts: 7510 | Location: Idaho | Registered: February 12, 2007Reply With QuoteReport This Post
delicately calloused
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I’ll take the win



You’re a lying dog-faced pony soldier
 
Posts: 30002 | Location: Norris Lake, TN | Registered: May 07, 2008Reply With QuoteReport This Post
Cold Ass Honkey
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I am not a lawyer but after reading the ruling the judge seemed to break the law up, as written, into several pieces and objected to the wording in each.

In the case of the magazine capacity limits, he decided that 'magazine' was defined as including both the fixed and the removable portion. So any gun with a ten round removable magazine plus one round in the fixed magazine (the chamber) equals 11 rounds. That would make virtually any gun with a 10 round magazine capacity inserted capable of 11 rounds total (10+1 in the gun ads) and therefore make them illegal.

Expect a ver2 that will not only correct this error by changing the wording to '11 round maximum capacity', but also streamline it by separating this specific thing from the other parts of 114 (30 day delay, permit to purchase, etc) that the judge seemed to take issue with if this should go against the State in appeal.


------------------------------
Never fully gruntled.
 
Posts: 2181 | Location: OR-ee-GUN | Registered: December 18, 2005Reply With QuoteReport This Post
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quote:
Originally posted by Anarion:
quote:
Originally posted by jer830:
Cool for you guys. But (and look where I’m from) expect an appeal from the state AG, then to the 9th (who automatically grant stays in 2A cases)and then maybe in a decade work its way to the SCOTUS. Hopefully the makeup of the court doesn’t change by then.

Sucks, but Oregon has become CA with more rain.

Raschio's ruling is based upon the Oregon state constitution, I don't know that there's a federal issue -at the moment - that would jump this into the 9th Circus.


And this is important, assuming the Oregon Supreme Court is more sane than the 9th. Independent constitutional analysis is an important concept that I think gets under-utilized in gun cases. I think a lot of that is a function of the national level money to fight these laws.
 
Posts: 5254 | Location: Iowa | Registered: February 24, 2011Reply With QuoteReport This Post
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