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I believe this is the next chapter to this 2021 thread... Judge Rejects Challenge To Second Amendment Sanctuary Effort In Oregon.
2nd Amendment sanctuary measure overturned in Oregon
‘Second Amendment Sanctuary’ ruling in Oregon deals blow to controversial gun rights ordinance
Here is the decision... Columbia County v Rosenblum, et al.
2nd Amendment sanctuary measure overturned in Oregon
Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years...
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid...
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court...
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid...
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court...
...Gun safety advocates say it is the first such ruling passed at the appellate level. And while the decision has sway only within state lines, the ruling could have major ramifications for the more than 1,900 counties nationwide that have declared themselves gun sanctuaries.
“Today’s opinion by the Court of Appeals makes it clear that common sense requirements like safe storage and background checks apply throughout Oregon,” said Oregon Attorney General Ellen Rosenblum, who joined the case in opposition to Columbia County’s ordinance. “Hopefully, other counties with similar measures on the books will see the writing on the wall.”...
Three appellate judges made the ruling in the Columbia County case, including Presiding Judge Douglas Tookey, who cited a state law vesting the authority to regulate the sale and use of guns in Oregon solely with the Legislature...
But Judge Ted Grove found no need for a judicial review in 2021, saying the new ordinance hadn’t been challenged and that the commission was trying to invalidate its own ordinance.
The case was closely watched on appeal, with both the gun control group Everytown for Gun Safety and Rosenblum joining the case and seeking to overturn the ordinance.
The gun rights organization Gun Owners of America also intervened and argued state law prohibited Grove from issuing an advisory opinion, while the county commission hoped the appeals court would send the case back to Grove to decide but took no position on whether the ordinance itself was lawful...
In a passionate concurrence, Appeals Judge James Egan noted attorneys for the gun rights group that joined the suit had suggested the Columbia County ordinance was necessary to prevent the United Nations from promulgating international gun laws.
Egan dismissed the claim as an “entirely fictitious problem” and said it was a white supremacist dog whistle intended to invoke conspiracy theories of global cabals.
“Individual members of the court must call out illegitimate quasi-legal arguments and theories for what they are … antisemitic and racist tropes,” he wrote.
“Today’s opinion by the Court of Appeals makes it clear that common sense requirements like safe storage and background checks apply throughout Oregon,” said Oregon Attorney General Ellen Rosenblum, who joined the case in opposition to Columbia County’s ordinance. “Hopefully, other counties with similar measures on the books will see the writing on the wall.”...
Three appellate judges made the ruling in the Columbia County case, including Presiding Judge Douglas Tookey, who cited a state law vesting the authority to regulate the sale and use of guns in Oregon solely with the Legislature...
But Judge Ted Grove found no need for a judicial review in 2021, saying the new ordinance hadn’t been challenged and that the commission was trying to invalidate its own ordinance.
The case was closely watched on appeal, with both the gun control group Everytown for Gun Safety and Rosenblum joining the case and seeking to overturn the ordinance.
The gun rights organization Gun Owners of America also intervened and argued state law prohibited Grove from issuing an advisory opinion, while the county commission hoped the appeals court would send the case back to Grove to decide but took no position on whether the ordinance itself was lawful...
In a passionate concurrence, Appeals Judge James Egan noted attorneys for the gun rights group that joined the suit had suggested the Columbia County ordinance was necessary to prevent the United Nations from promulgating international gun laws.
Egan dismissed the claim as an “entirely fictitious problem” and said it was a white supremacist dog whistle intended to invoke conspiracy theories of global cabals.
“Individual members of the court must call out illegitimate quasi-legal arguments and theories for what they are … antisemitic and racist tropes,” he wrote.
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