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.

[darkwater34]

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 cause of the virus is Sorros and Bloomberg money.

[tedw]

https://youtu.be/jgpFw0Pg1Uk?si=5Y87Xw8xeIWxyV1j

Well, yes. But all 7 Oregon Supreme Court Justices were appointed by Kate Brown or Tina Kotek. The victory will be short-lived.

[AlmostHeaven]

Originally Posted by tedw

Well, yes. But all 7 Oregon Supreme Court Justices were appointed by Kate Brown or Tina Kotek. The victory will be short-lived.

The Portland Metropolitan Area infests the rest of the state like a tumor. I wish eastern Oregon could achieve its dream of breaking off from the coastal region.

[tedw]

Oregon is dominated by Portland and Eugene. California is dominated by LA and San Franciso. Conservatives have little say in how those two States are run- at least on the state level.

[Dan_Eastvale]

East OR would have to create a new state. Idaho would not likely want it.

But would be unsuccessful. Why would the OR state legislature agree?
US Congress would also have to approve.

There are only two instances in U.S. history in which a portion of a state successfully seceded to create a new state: West Virginia, which separated from Virginia in 1863 and Maine separating from Massachusetts in 1820.

[tedw]

https://www.kgw.com/video/news/local...4-8714881f2ee6

It's a technical issue. I am sure Oregon Legislature will step in soon an clean up the measure.

If the appeals court reverses Judge Raschio's upcoming opinion , then all gun sales in Oregon will stop unless and until the Legislature cleans up the measure.

[AlmostHeaven]

I have zero faith that the Democratic trifecta in Oregon will fix the measure. Halting all gun sales in the state looks like a feature, not a bug, to liberals.

[tedw]

I think they will fix it. If not, then an "as applied" court challenge would be successful.

Stopping all gun sales is a bridge too far, even for them.

[Dan_Eastvale]

Is it going to the Oregon Appellate Courts?

Has this been initiated?

Otherwise may not?

[Librarian]

Originally Posted by Dan_Eastvale

Is it going to the Oregon Appellate Courts?

Has this been initiated?

Otherwise may not?

Raschio has not yet ruled in the trial court; that's expected in the next few weeks, and THEN defendants can appeal.

[AlmostHeaven]

The Oregon Supreme Court will probably reverse Judge Raschio, so I hope he delays as long as possible.

[tedw]

The usual procedure is to go to the Appeals Court then to the Oregon Supreme Court. Wherever they go, it is almost a certainty that Judge Raschio will be overturned. My crystal ball says Measure 114 will go into effect and then years later the 9th circuit will be overturned. I would pray for the health of Thomas et al. The constitution hangs by a thread.

[tedw]

Oregon Firearms Federation:

11.06.2023



Once again, America’s premium law enforcement agency, the FBI, has demonstrated that there are different rules for the people in power and the rest of us.



They have taken time out of their pursuit of Catholics and Trump supporters to help entrap Oregon gun owners.



You will recall that the Oregon Sheriff’s Association’s lawyer advised sheriffs, that in the event Mz 114 takes effect, they could NOT issue permits to purchase a firearm.



The reason was because the measure, along with many other inane requirements, prohibited permits to be issued to anyone who had not passed an FBI fingerprint check. From early on, the FBI made it clear that it would NOT perform these checks because the ballot measure language did not comply with the rules that govern FBI fingerprint checks.



We knew it, the state knew it, and the courts knew it. That alone should have made it clear that the measure was impossible to comply with and hence not constitutional.



But, as we have learned from the behavior of the FBI in recent years, the rules and the law do not matter. All that matters is doing the bidding of the far left in their tireless efforts to gut the 2nd Amendment.



A far left hack at the ever-shrinking “Oregonian” has reported that the FBI has decided to simply ignore the rules the rest of us have to live by and grant the state of Oregon a “grace period” and provide the checks so that the state could claim that this objection no longer applied.



We have been unable to determine what slight-of-hand was used to cut this deal, or who in Oregon’s corrupt power structure pulled the strings to make it happen.



While there has not yet been a published decision by the Harney County Judge about the constitutionality of 114, the timing of this revelation is, to say the least, suspect. But this stunt was clearly intended to defuse legal objections to the measure.



(The judge has stated he expects to have a decision by Thanksgiving.)



Ultimately no back door deals and violations of the law will matter.



If the measure goes into effect, and if the FBI allows the state of Oregon to run fingerprint checks through them, Mz 114 will still be virtually impossible to comply with and gun sales will end in Oregon.



While big box stores that sell camping stoves and coolers will survive, we cannot imagine how your local gun dealer will stay afloat. Keep in mind, that while some stores have still been able to acquire and sell the magazines that 114 bans, the state has made it clear that they will consider anyone who bought or sold one since LAST DECEMBER, to be criminals who can face prosecution.



This battle gets uglier every single day, and Oregon’s governor and Attorney General have essentially declared war on law abiding gun owners in this state while they continue to coddle thugs.



Our Federal lawsuit against this insanity grinds on, and while there have been pro-gun victories across the country, they are all hard fought, expensive, and subject to endless appeals. But we are committed to this battle to the very end.



This news is frustrating if not surprising and we are grateful for your support.



You can contribute to our efforts to protect Oregonians and the Constitution here.

https://oregonfirearms.ejoinme.org/M...7/Default.aspx



You can view this post in a browser here if you trouble with any links : https://www.oregonfirearms.org/fbi-b...n-gun-grabbers

[Librarian]

The court filings come as Harney County Circuit Court tells KOIN 6 News Judge Robert Raschio will issue his ruling Tuesday afternoon (11-21)

https://www.koin.com/news/oregon/har...re-114-ruling/

[Librarian]

https://s3.documentcloud.org/documen...ulingnov21.pdf

The Harney County Circuit Court is issuing a Permanent Injunction under Oregon Revised Statute 28.020 declaring 2022 Ballot Measure 114 ?unconstitutional thereby permanently enjoining its implementation.

Nice.

Now, off to the appeals process.

[AlmostHeaven]

Unfortunately, the Oregon Supreme Court is stacked with leftists, so I do not have a good feeling about the final outcome of this state case. The federal case has more potential.

[antonio]

The appeal is going to be a long process probably longer then a year.

[tedw]

Originally Posted by AlmostHeaven

Unfortunately, the Oregon Supreme Court is stacked with leftists, so I do not have a good feeling about the final outcome of this state case. The federal case has more potential.

Neither do I. The sad reality is the law does not matter at all. Judge Immergut in the Federal case demonstrated that. The Oregon Supreme Court Judges were all appointed by leftist anti-gun, anti-American Oregon Governors. It may delay it awhile but the outcome is certain.

The US Supreme Court needs to speak, again.

But kudos to Judge Raschio for his integrity.

[SpudmanWP]

The one good thing is that they can appeal from the OR Supreme Court directly to SCOTUS, bypassing the 9th Circus.

[EQTrax]

hot damn, declared unconstitutional, shame the "process" gets to delay these rulings.

[tedw]

Originally Posted by SpudmanWP

The one good thing is that they can appeal from the OR Supreme Court directly to SCOTUS, bypassing the 9th Circus.

"The Supreme Court may be the first court to hear a case in rare situations, such as disputes between states. However, it is generally limited to hearing appeals from other courts. A case may come to the Supreme Court from a U.S. Circuit Court of Appeals, which heard the initial appeal of the case. The Supreme Court also may review a case decided by the highest court in a state if it hinges on questions of federal law. The Supreme Court WILL NOT REVIEW a state court decision that is based on ?separate, adequate, and independent state grounds.?

I do not believe that is accurate but let the attorneys chime in. This was only a decision involving State Law.

https://supreme.justia.com/stages-of...me-court-case/

[tedw]

https://www.youtube.com/live/-w3QhsG...B9yDJ8vle0h7yB

No chance of it going to US Supreme Court

[SpudmanWP]

One can always hope

[Sgt Raven]

Originally Posted by tedw

https://www.youtube.com/live/-w3QhsG...B9yDJ8vle0h7yB

No chance of it going to US Supreme Court

At least give us a hint as to whom you are linking to.
Your linked video:









Also:

[Sgt Raven]

[Foothills]

NAACP vs. Claiborne Hardware spent years in state courts as a tort for a boycott. It ultimately was decided by the Supreme Court on 1st Amendment grounds.

It took quite a few years to get there however.

[tedw]

Originally Posted by Sgt Raven

At least give us a hint as to whom you are linking to.
Your linked video:









Also:

I would have done it like you did if I knew how to do it.