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Judge Rules Oregon Gun Measure 114 Unconstitutional

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/320601935/m/2810098405

November 21, 2023, 05:42 PM
SIG228
Judge Rules Oregon Gun Measure 114 Unconstitutional
A big 2A win today!

https://katu.com/news/local/ha...-portland-salem-news
November 21, 2023, 05:53 PM
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.
November 21, 2023, 06:05 PM
SIG228
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
November 21, 2023, 06:34 PM
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.


==============================
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
November 21, 2023, 06:47 PM
radioman
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.


.
November 21, 2023, 11:40 PM
Expert308
Yeah, but if those same churches had supported a conservative cause instead, they'd have been shut down immediately.
November 22, 2023, 12:06 AM
darthfuster
I’ll take the win



You’re a lying dog-faced pony soldier
November 23, 2023, 11:22 AM
Sig Vicious
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.
November 23, 2023, 03:50 PM
DaBigBR
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.
March 12, 2025, 02:25 PM
radioman
***** OLD THREAD *****

sadly upon appeal, measure 114 was deemed ok to proceed.

sad day for 2A in Oregon. No more std cap mags, and a 'permit' is needed to buy a gun.

https://katu.com/news/local/me...gon-court-of-appeals

This message has been edited. Last edited by: radioman, March 12, 2025 04:08 PM
March 12, 2025, 03:56 PM
joel9507
^^ I think you may mean 'appeal' vs. 'repeal'.

Unfortunate. I assume this will get appealed to the next level?
March 12, 2025, 04:10 PM
radioman
quote:
Originally posted by joel9507:
^^ I think you may mean 'appeal' vs. 'repeal'.

Unfortunate. I assume this will get appealed to the next level?


fixed it. thanks!

yeah, the big bummer is every anti-gun grabber out there is saying "but Oregonians voted for this" which is a sad statement given the millions of out of state money from Steve Balmer's wife. Can't compete with that.


.
March 12, 2025, 04:17 PM
2Adefender
The Left Coast is totally deranged - CA, OR, WA. (Of course I mean the governments, not all of the citizens.)


_________________________
2nd Amendment Defender

The Second Amendment is not about hunting or sport shooting.
March 12, 2025, 04:32 PM
jed7s9b
I used to frequently vacation in west coastal states. Lots of beautiful places but years ago their politics turned me against spending a dime out there.


“That’s what.” - She
March 12, 2025, 04:37 PM
bdylan
Our system is a subjective, politicized mess. It's getting progressively worse. The law is literally defined by the particular politician in a robe that currently has the case. Maybe the next judge will be sane.
March 12, 2025, 05:12 PM
armored
Unfortunately, I think all the strong leftist states are a lost cause for the rest of America.
I say this as a 73 year old that has lived in the Chicago area all my life.
The people here DON'T GET IT! They never will.

America, pull the plug and save yourself.
Cut off Federal government money if these states won't comply. Don't waste time and money sending ICE or any other Federal Law enforcement agency's to these cities or States.The citizens here will never accept any leadership other than Democrats no matter how bad it gets.

Despite what "polls" show about the blacks,Hispanics, or any other minority's swinging over to the Republican side, It won't make any meaningful difference in these areas, they are too far gone.
The republicans will always be blamed for everything bad that happens here and the vast majority of the population here will agree.

IL. has spent hundreds of millions on Lawyers to pass, then challenge/defend unconstitutional gun laws, the politicians here have no problem spending our tax money for there lawyer friends, there buddy's, to rack up legal fees to perpetuate there agendas.
Its the same in all the Blue States.
So sad to see Colorado, Oregon and Washington State circling the drain.
March 15, 2025, 01:31 AM
wingspar
Some of you may have seen this already, but this guy is a lawyer in the state of Washington and the president of a rather large gun club. He came out with this a couple of days ago and I meant to post it earlier, but spaced it out.




---------------
Gary
Will Fly for Food... and more Ammo
Mosquito Lubrication Video

If Guns Cause Crime, Mine Are Defective.... Ted Nugent
March 15, 2025, 06:02 AM
12131
quote:
Originally posted by 2Adefender:
The Left Coast is totally deranged - CA, OR, WA. (Of course I mean the governments, not all of the citizens.)

Plus the upper half of the Right Coast.


Q






March 15, 2025, 07:20 AM
reloader-1
quote:
Originally posted by armored:

Despite what "polls" show about the blacks,Hispanics, or any other minority's swinging over to the Republican side, It won't make any meaningful difference in these areas, they are too far gone.


Relax.


I live in what was one of the largest Democratic Party strongholds in the US, the Miami-Dade county in Florida.

For reference, this county is 70% Hispanic, 18% black, so when you refer to minorities, this is it!

57% Obama in 2008, 55% Trump in 2024.

Young people are beginning to trend more and more right, it’s old hippies on the left coast that need to fade away…
March 15, 2025, 07:33 AM
old rugged cross
I agree, don't give up. I love the PNW. Has such great area's. So beautiful. It is worth fighting for as are all area's.
The old lib leftists can go screw themselves. Wink



"Practice like you want to play in the game"