OR Fed and State suits vs OR mag ban (Measure 114) Enjoined in state ct

[AlmostHeaven]

Originally Posted by Librarian

Oregonian summary of Wednesday, Sep 20 https://www.oregonlive.com/crime/202...114-trial.html

I very much like the gun store owner testimony.

[tedw]

I liked it too, especially the part where he testified the burglar alarm on his store went off and the Harney County Sheriff told him it would take 4 hours to get someone outthere. He got his AR-15 and went down to the store himself.

I will tell you what galls me. Measure 114 was a private party initiative. I don't think the State of Oregon is under any obligation to defend it. They are using tax dollars to work at taking my rights away. I don't want to pay for that.

[tedw]

https://www.opb.org/article/2023/09/...ground-checks/

[AlmostHeaven]

Originally Posted by tedw

I liked it too, especially the part where he testified the burglar alarm on his store went off and the Harney County Sheriff told him it would take 4 hours to get someone outthere. He got his AR-15 and went down to the store himself.

I will tell you what galls me. Measure 114 was a private party initiative. I don't think the State of Oregon is under any obligation to defend it. They are using tax dollars to work at taking my rights away. I don't want to pay for that.

Unfortunately, since the Oregon electorate passed the measure (by a regrettably tiny margin), the Attorney General has the authority to defend the law. Of course, I fully agree that its provisions violate the Second Amendment and should be struck down.

[Librarian]

More Max at the Oregonian - https://www.oregonlive.com/crime/202...f-witness.html

The judge?s line of questioning Thursday was both unusual and revelatory, said Steve Kantor, dean emeritus at Lewis & Clark Law School, who added that a judge has great latitude in a hearing such as this one where there?s no jury involved.

?We now know how the judge is going to rule,? Kantor said. ?It?s highly predictable that he has very serious qualms about the law. It?s a clear indicator of how he?s leaning so far. ??

Which is, I believe, much what most observers expected from this trial.

[tedw]

https://www.kgw.com/article/news/loc...4-f8f536d3307f

I hope he takes the full 60 days to release his decision. The appeal is likely to overturn his decision so he might as well slow walk it.

[AlmostHeaven]

Originally Posted by tedw

https://www.kgw.com/article/news/loc...4-f8f536d3307f

I hope he takes the full 60 days to release his decision. The appeal is likely to overturn his decision so he might as well slow walk it.

I find it unfortunate that the state judge can only delay releasing his decision by 60 days, while federal judges routinely sandbag Second Amendment rulings for years on end. Bianchi v. Frosh over in the Fourth Circuit has not moved since December 2022.

[TruOil]

Originally Posted by AlmostHeaven

I find it unfortunate that the state judge can only delay releasing his decision by 60 days, while federal judges routinely sandbag Second Amendment rulings for years on end. Bianchi v. Frosh over in the Fourth Circuit has not moved since December 2022.

I am averaging a year on motions in the Eastern District Court of California, and in most cases, the court does not hear oral arguments. Decisions of the Ninth are unpredictable, but the delay is usually lengthy. Too many cases, too few judges. It is really no different in the California State Court of Appeal, with issuance of decisions after completion of briefing generally runs two to three years,

[AlmostHeaven]

Originally Posted by TruOil

I am averaging a year on motions in the Eastern District Court of California, and in most cases, the court does not hear oral arguments. Decisions of the Ninth are unpredictable, but the delay is usually lengthy. Too many cases, too few judges. It is really no different in the California State Court of Appeal, with issuance of decisions after completion of briefing generally runs two to three years.

I see. The judicial situation is extremely unfortunate.

[Librarian]

Posted by zomie at Northwest Firearms, https://www.northwestfirearms.com/th...6/post-3682291


Tony L. Aiello, Jr. - Civil Attorney (Attorney for plaintiffs)

As you all ought to know by now, we wrapped our trial on Ballot Measure 114 today. There are still a couple things to be done, including responding to two filings by the Defendants, but it is basically now in the Judge's hands.

We are confident in a victory, but nothing is ever guaranteed when you go into a courtroom. What this video shows is that we "left it all on the field," so to speak; I can confidently say that there is nothing we could have done differently and we put forth the best offense possible against Measure 114. I am very confident in our record.

What we need now is prayer and lots of it. Of course, no one has to believe like I do, but I have felt God working through this case since the beginning. I look forward to telling that story to anyone who'd like to hear it.

This has been a long, hard fight and I have many, many people to thank for their help in this case. The video with this post was my favorite moment of the trial: the Judge acknowledged our work in the face of a strong and endlessly funded Defense. I am only as good as the training and help I receive? so that compliment is meant for far more than me.

I'd like to start by thanking Gun Owners of America and the Plaintiffs Joseph Arnold and Clifford Asmussen. With no Plaintiffs there is no case; you two have done a great service to your fellow Oregonians.

I'd next like to thank my wife and family including my parents' many friends I consider aunts and uncles, my boss and everyone at Tyler Smith & Associates for your faith and unwavering support during a stressful 10 months. I couldn't do it alone. When people say "thank you," to me? I don't know what to say because it is an honor to represent gun rights in Oregon. It's why I became a lawyer. And I'm representing my rights just as much as I am yours. So thank you!

I'd like to thank all the witnesses and prospective witnesses who couldn't or didn't get called. I especially want to thank Benne Callaway of Spent Cartridge in Burns who was our star witness since Day 1. He stood behind me at every hearing and every day of trial, kept me company, and supported this case with everything he has. I made several friends in this case, and you Mr. Callaway are chief among them.

I'd also like to thank witnesses Scott Springer of Springer Precision, Derek LeBlanc of Kids SAFE, Shane Otley, and Ashley Hlebinsky and Isaac Botkin of T-Rex Arms who served as our historical experts at different points of the case. Brian Jones provided valuable insight on FICS procedures that informed a TON of how we tried this case.

I'd like to thank law enforcement and law enforcement organizations such as Sheriff Jenkins, Sheriff Bowen, and OSSA whose lawyer Elmer Dickens gave me a lot of help in this case. Law enforcement was against this from day 1 and provided valuable testimony on and off the record that helped shape this case.

Most importantly, I'd like to thank the industry folks and Oregonians who lent us their knowledge, with a special shout out to Double Tap in Bend who lent us some mini shells for an exhibit and Elite Buyers NW in Salem who gave me behind the scenes insight to the sales side of Measure 114. But so many of you emailed us with thoughts and ideas that most certainly impacted how we argued this case. I wish I could thank you all individually.

[tedw]

Thanks to Gun Owner of America.

Next stop: Oregon Appellate Courts, known to be infected with cancerous left wing virus..

[AlmostHeaven]

Originally Posted by tedw

Thanks to Gun Owner of America.

Next stop: Oregon Appellate Courts, known to be infected with cancerous left wing virus..

The Oregon appeals court will uphold the constitutionality of the measure around the same time the Ninth Circuit en banc panel does the same with the California large-capacity magazine ban. Only the Supreme Court has the ability to fix the situation and restore Second Amendment rights.

[tedw]

Judge Benitez ruling is well written and reasoned. The only way the Ninth Circuit can do that is to be in open defiance of the US Supreme Court. And yes good chance that will happen.