BM 114 - The Latest!
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Current Status:
November 1, 2024 : Oregon Appellate Court hears State's appeal to Harney county ruling. Decision/opinion is pending.
State Case - Harney County:
In February the State AG filed a motion for a stay in BM114 and a request for expedited appeal. That time has come. Written arguments have been submitted and oral arguments were completed this week.
The State's attorney bumbled his way through irrelevant arguments.
While on the other hand the attorney for our side, Tony Aiello, of the firm Tyler Smith & Associates PC in Canby, Oregon, did an outstanding job focusing the court on the constitutional issue. Great Job!!. Please watch the oral arguments here .
(https://oregoncourts.mediasite.com/mediasite/Channel/default/watch/0c96fdeaf26c44c9aaa42e84a0f83dbc1d)
A short summary is also provided by our friends at WashingtonGunLaw. Link.
April 12, 2024 : Oregon AG's motion to reinstate BM114 while appeals are in process has been DENIED. .
State Case - Harney County:
In February the State AG filed a motion for a stay in BM114 and a request for expedited appeal. The State Appeals Court has denied the request for a stay while the appeals are in process. The State Appeals Court has granted an expedited appeal. The State has 49 days to submit opening briefs, Our Respondent's answering briefs are then due in 49days. Finally, the state's reply brief is due within 21 days. This puts the court process in the neighborhood of 119 days; then we will wait for a ruling.
February 12, 2024 : Oregon AG files motion to reinstate BM114 while appeals are in process.
State Case - Harney County:
While we wait for the appeal process to start at the state appellate court the Oregon AG has filed to have BM114 put into effect. even though it was ruled unconstitutional. See the following articles..
Bearing Arms Article
KOIN Article
January 24, 2024 : BM114 remains Permanently Enjoined! Next Steps. and a big Thank You
State Case - Harney County:
We are still waiting for the Appeal process to start after the case was closed Jan. 2, 2024. Judge Raschio made it clear that BM114 violates the Oregon Constitution. For now, BM114 is permanently enjoined. The Oregon State AG indicated they will appeal to the Oregon Appellate Court. Then it most certainly will be heard by the Oregon Supreme Court. If the Oregon AG manages to overturn the ruling, BM 114 would go into effect immediately. but see below.
Federal Case - Next Steps: Appeals are in process. However, the Oregon AG has asked the 9th circuit to hold on the appeal until other cases from California, that deal with only parts of BM114, are closed. This request was granted and do not expect any movement in the federal case until at least April (notice I did not put which year.....). This will be a long slow process. However, if the Oregon AG overturns the Harney ruling above, we expect to file immediately for a stay in federal court as the implementation infrastructure clearly is not in place to support Oregon citizens.
Federal Case - Reminder on its parties and support, and a big Thank You!
The federal case is actually 4 cases that have been consolidated to one. NSSF is one of the four cases / plaintiffs. NSSF asked OSSA to join their case. NSSF retains Clement & Murphy, PLLC as the lead attorneys on the consolidated case. Clement & Murphy are the best there is in the US on this topic. Funding for the consolidated case actions are managed by NSSF and expenses are shared between NSSF and NRA. Each of the plaintiffs groups has their local attorney and is supported by their own funding. Locally OSSA is supported by JurisLaw, LLP.
OSSA is very thankful and have deep appreciation for NSSF in stepping up initially, and for NRA to join in support of our case as well as our support form JurisLaw, LLP.
Please see the notes below for detail on our journey.
January 17, 2024 : Happenings across the country, Ballot Measure 114 remains Permanently Enjoined!
The 4th Circuit waffles...
This is a really good article from Bearing Arms covering the Maryland firearms license measure. This measure is effectively a permit to purchase as we are fighting here in Oregon. The measure/law was struck down by a 2-1 panel in the 4th Circuit late in 2023. However, the rest of 4th Circuit wants to be in on the decision.
Bearing Arms, Fourth Circuit Wants a Do-Over on Challenge to Maryland's Handgun Qualification License
State Case - Harney County:
We are still waiting for the Appeal process to start after the case was closed Jan. 2, 2024. but for now, BM114 is permanently enjoined.
Federal Case - Next Steps: Appeals are in process. However, the state has asked the 9th circuit to hold on the appeal until other cases from California are closed. We may be waiting in line..
See the notes below.
January 2, 2024 : Ballot Measure 114 Permanently Enjoined!
State Case - Harney County: Today Judge Raschio heard the 7 objections raised by the state's attorneys. ALL seven were denied and his legal opinion stands as written. This, from his opening of the hearing sums it up.
See the notes below for the next steps as we expect the ruling to be appealed.
December 15, 2023 : Year-End Update on Ballot Measure 114.
State Case - Harney County: On November 21, 2023 Judge Raschio provided a sound legal ruling that permanently enjoined ballot measure 114 as unconstitutional. Judge made this ruling solely on Oregon case law and as judged by the Oregon constitution. The ruling lays out a strong case that can not be ignored in higher courts. Here are a couple articles and a video in summary.. Article, Article2, https://www.youtube.com/watch?v=bB63h4nUP24
State Case - Latest Development: In a further demonstration that the state is willingness to ignore the Oregon and US constitutions, the state has filed an "objection" to the the ruling. Judge Raschio has granted a hearing on January 2, 2024 for the State's objection to be heard, before closing the record on the court case. See this article for details.
A late add.... Dec 15, 2023 This is a good article on the Jan 2nd meeting...
State Case - What's Next: The state has declared they will appeal. The path is to the State Appellate court and then to the State Supreme Court. This is an uphill battle for the state. We can only hope for solid rulings based in law and our constitutional rights. See this video, from Washington Gun Law, for a good summary of what's next. https://www.youtube.com/watch?v=bB63h4nUP24
Federal Case: Judge Karin Immergut has published her ruling and has ruled against firearms owners. We feel that the ruling is not consistent with the 2nd amendment and also in direct conflict with numerous other ruling on the topics in question.
Federal Case - Next Steps: Appeals are in process. However, the state has asked the 9th circuit to hold on the appeal until other cases from California are closed. This is not acceptable as the cases in question do not serve all of the merits of our case. We do expect our case to by consolidated with our 3 partner plaintiffs, as before. In addition, the state is driving to alter the manor of how the 9th circuit hears the case as a single judge, panel, or full 9th circuit to gain a favorable 'opinion' . In any case we expect the federal case to go to the US Supreme Court for a final decision.
Legislative: On the legislative front we saw a strong push by the democratic legislature to try and 'fix' BM114 in the last session. We expect them to try again.
This is where you come in..
November 21, 2023 : Oregon gun control Measure 114 permanently blocked by Harney County judge in his ruling.
"The Harney County Circuit Court is issuing Permanent Injunction under Oregon Revised Statute 28.020 declaring 2022 Ballot Measure 114 'unconstitutional thereby permanently enjoining its implementation.
The court finds the plaintiffs have shown their rights to bear arms under Article l, 27 of the Oregon Constitution would be unconstitutionally impaired if Ballot Measure 114 is allowed to be implemented. Dovle v. City of Medford, 356 Or. 336 (2014). Based upon facial constitutional evaluation of Ballot Measure 114, the measure unduly burdens the plaintiffs' right to bear arms. State v. Christian, 354 Or. 22 (2013)"
The state has indicated they will appeal.
See the attached articles Article, Article2
"The Harney County Circuit Court is issuing Permanent Injunction under Oregon Revised Statute 28.020 declaring 2022 Ballot Measure 114 'unconstitutional thereby permanently enjoining its implementation.
The court finds the plaintiffs have shown their rights to bear arms under Article l, 27 of the Oregon Constitution would be unconstitutionally
impaired if Ballot Measure 114 is allowed to be implemented. Dovle v. City of Medford, 356 Or. 336 (2014). Based upon facial constitutional evaluation of Ballot Measure 114, the measure unduly burdens the plaintiffs' right to bear arms. State v. Christian, 354 Or. 22 (2013)"
The state has indicated they will appeal.
Article, Article2,
November 15, 2023 : FBI to grant Oregon a ‘grace period’ to allow access for Measure 114′s required federal background checks. See the recent article.
October 17, 2023 : Measure 114 requires that the FBI conduct background checks for gun permits. The feds say they can't do it See the KGW8 news article
October 10, 2023 : Harney Trial Record is CLOSED! The Opinion is due by Nov. 22, 2023.
In the last week Judge Robert Raschio issued a statement closing the trial proceedings and setting the timeline for delivering his opinion. "The record is now closed. the court will issue an opinion letter no later than November 22, 2023."
This was after the State attorney's attempted an end run, which was denied, to insert inadmissible evidence after the trial had concluded. See this article for a summary.
September 26, 2023 : Harney Trial has ended, Awaiting Ruling. Federal Case Going to Appeal.
The trial in state court (Harney District Court) has concluded. The trial went very well with the proceedings focused on the constitutional question. The process requires a ruling within 60 days. We certainly hope for sooner. We are certainly optimistic for a ruling based in law. Here are some links on the proceedings. Link1, Link2, Link3, Link4
Meanwhile in California, a federal judge ruled that high magazine bans are unconstitutional . Link,
Our Federal case will proceed to appeal with the 9th circuit court. The above cases help our case. More updates later.
September 22, 2023 : Harney Court is in session.
The Plaintiffs witnesses completed their testimony by Wednesday 9/20/2023. In a turn to the previous instructions for the proceedings the Judge allowed a State witness that was a volunteer in the signature collection process. While on the stand the Judge posed questions on the latitude and application of the proposed law by officials. See the more details in the following article: Judge in Oregon Measure 114 trial opens window into his thinking with direct questioning of witness.
Here is another good summary of the happenings at the trial which may provide insights into the final decision. Link
August 11, 2023 : Notice to Appeal has been filed.
The Notice of Appeal has been filed to the Federal Court of Appeals. We believe the recent ruling is Wrong. Stay tuned!
July 14, 2023 : Federal Court Ruling is out - We believe the ruling is Wrong - On to Appeals
Judge Karin Immergut has published her ruling and has ruled against firearms owners. We feel that the ruling is not consistent with the 2nd amendment and also in direct conflict with numerous other ruling on the topics in question.
Next steps:
June 3 : Federal Court Starts Monday June 4, 2023
BM114 Still On HOLD – Federal/State Court Dates Set
March 16 : BM114 Still On HOLD – Federal/State Court Dates Set
March 6 : BM114 Still On HOLD – State Case/Court Dates Set
February 9: The Oregon Supreme Court declined to exercise authority (rule) on the Harney case. the opinion cites: See the ruling here
January 13: The AG filed a petition with the Oregon Supreme Court to overturn Judge Raschio's stay on BM114. Here is an article. Here is a video..
January 12: Amicus Briefs were filed this week. here are 3 filed in support of NSSF/OSSA position.
Prior Updates:
November 1, 2024 : Oregon Appellate Court hears State's appeal to Harney county ruling. Decision/opinion is pending.
State Case - Harney County:
In February the State AG filed a motion for a stay in BM114 and a request for expedited appeal. That time has come. Written arguments have been submitted and oral arguments were completed this week.
The State's attorney bumbled his way through irrelevant arguments.
While on the other hand the attorney for our side, Tony Aiello, of the firm Tyler Smith & Associates PC in Canby, Oregon, did an outstanding job focusing the court on the constitutional issue. Great Job!!. Please watch the oral arguments here .
(https://oregoncourts.mediasite.com/mediasite/Channel/default/watch/0c96fdeaf26c44c9aaa42e84a0f83dbc1d)
A short summary is also provided by our friends at WashingtonGunLaw. Link.
April 12, 2024 : Oregon AG's motion to reinstate BM114 while appeals are in process has been DENIED. .
State Case - Harney County:
In February the State AG filed a motion for a stay in BM114 and a request for expedited appeal. The State Appeals Court has denied the request for a stay while the appeals are in process. The State Appeals Court has granted an expedited appeal. The State has 49 days to submit opening briefs, Our Respondent's answering briefs are then due in 49days. Finally, the state's reply brief is due within 21 days. This puts the court process in the neighborhood of 119 days; then we will wait for a ruling.
February 12, 2024 : Oregon AG files motion to reinstate BM114 while appeals are in process.
State Case - Harney County:
While we wait for the appeal process to start at the state appellate court the Oregon AG has filed to have BM114 put into effect. even though it was ruled unconstitutional. See the following articles..
Bearing Arms Article
KOIN Article
January 24, 2024 : BM114 remains Permanently Enjoined! Next Steps. and a big Thank You
State Case - Harney County:
We are still waiting for the Appeal process to start after the case was closed Jan. 2, 2024. Judge Raschio made it clear that BM114 violates the Oregon Constitution. For now, BM114 is permanently enjoined. The Oregon State AG indicated they will appeal to the Oregon Appellate Court. Then it most certainly will be heard by the Oregon Supreme Court. If the Oregon AG manages to overturn the ruling, BM 114 would go into effect immediately. but see below.
Federal Case - Next Steps: Appeals are in process. However, the Oregon AG has asked the 9th circuit to hold on the appeal until other cases from California, that deal with only parts of BM114, are closed. This request was granted and do not expect any movement in the federal case until at least April (notice I did not put which year.....). This will be a long slow process. However, if the Oregon AG overturns the Harney ruling above, we expect to file immediately for a stay in federal court as the implementation infrastructure clearly is not in place to support Oregon citizens.
Federal Case - Reminder on its parties and support, and a big Thank You!
The federal case is actually 4 cases that have been consolidated to one. NSSF is one of the four cases / plaintiffs. NSSF asked OSSA to join their case. NSSF retains Clement & Murphy, PLLC as the lead attorneys on the consolidated case. Clement & Murphy are the best there is in the US on this topic. Funding for the consolidated case actions are managed by NSSF and expenses are shared between NSSF and NRA. Each of the plaintiffs groups has their local attorney and is supported by their own funding. Locally OSSA is supported by JurisLaw, LLP.
OSSA is very thankful and have deep appreciation for NSSF in stepping up initially, and for NRA to join in support of our case as well as our support form JurisLaw, LLP.
Please see the notes below for detail on our journey.
January 17, 2024 : Happenings across the country, Ballot Measure 114 remains Permanently Enjoined!
The 4th Circuit waffles...
This is a really good article from Bearing Arms covering the Maryland firearms license measure. This measure is effectively a permit to purchase as we are fighting here in Oregon. The measure/law was struck down by a 2-1 panel in the 4th Circuit late in 2023. However, the rest of 4th Circuit wants to be in on the decision.
Bearing Arms, Fourth Circuit Wants a Do-Over on Challenge to Maryland's Handgun Qualification License
State Case - Harney County:
We are still waiting for the Appeal process to start after the case was closed Jan. 2, 2024. but for now, BM114 is permanently enjoined.
Federal Case - Next Steps: Appeals are in process. However, the state has asked the 9th circuit to hold on the appeal until other cases from California are closed. We may be waiting in line..
See the notes below.
January 2, 2024 : Ballot Measure 114 Permanently Enjoined!
State Case - Harney County: Today Judge Raschio heard the 7 objections raised by the state's attorneys. ALL seven were denied and his legal opinion stands as written. This, from his opening of the hearing sums it up.
- "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. The court finds the plaintiffs have shown their rights to bear arms under Article l, § 27 of the Oregon Constitution would be unconstitutionally impaired if Ballot Measure 114 is allowed to be implemented. Dovle v. City of Medford, 356 Or. 336 (2014). Based upon a facial constitutional evaluation of Ballot Measure 114, the measure unduly burdens the plaintiffs' right to bear arms. State v. Christian, 354 Or. 22 (2013)."
See the notes below for the next steps as we expect the ruling to be appealed.
December 15, 2023 : Year-End Update on Ballot Measure 114.
State Case - Harney County: On November 21, 2023 Judge Raschio provided a sound legal ruling that permanently enjoined ballot measure 114 as unconstitutional. Judge made this ruling solely on Oregon case law and as judged by the Oregon constitution. The ruling lays out a strong case that can not be ignored in higher courts. Here are a couple articles and a video in summary.. Article, Article2, https://www.youtube.com/watch?v=bB63h4nUP24
State Case - Latest Development: In a further demonstration that the state is willingness to ignore the Oregon and US constitutions, the state has filed an "objection" to the the ruling. Judge Raschio has granted a hearing on January 2, 2024 for the State's objection to be heard, before closing the record on the court case. See this article for details.
A late add.... Dec 15, 2023 This is a good article on the Jan 2nd meeting...
State Case - What's Next: The state has declared they will appeal. The path is to the State Appellate court and then to the State Supreme Court. This is an uphill battle for the state. We can only hope for solid rulings based in law and our constitutional rights. See this video, from Washington Gun Law, for a good summary of what's next. https://www.youtube.com/watch?v=bB63h4nUP24
Federal Case: Judge Karin Immergut has published her ruling and has ruled against firearms owners. We feel that the ruling is not consistent with the 2nd amendment and also in direct conflict with numerous other ruling on the topics in question.
Federal Case - Next Steps: Appeals are in process. However, the state has asked the 9th circuit to hold on the appeal until other cases from California are closed. This is not acceptable as the cases in question do not serve all of the merits of our case. We do expect our case to by consolidated with our 3 partner plaintiffs, as before. In addition, the state is driving to alter the manor of how the 9th circuit hears the case as a single judge, panel, or full 9th circuit to gain a favorable 'opinion' . In any case we expect the federal case to go to the US Supreme Court for a final decision.
Legislative: On the legislative front we saw a strong push by the democratic legislature to try and 'fix' BM114 in the last session. We expect them to try again.
This is where you come in..
- VOTE,
- Get all of the your friends to VOTE,
- Contact your state representative and senator and let them know you will not stand for infringing on your right for self defense.
- Join OSSA, stay connected, and help support the fight to keep your constitutional rights.
November 21, 2023 : Oregon gun control Measure 114 permanently blocked by Harney County judge in his ruling.
"The Harney County Circuit Court is issuing Permanent Injunction under Oregon Revised Statute 28.020 declaring 2022 Ballot Measure 114 'unconstitutional thereby permanently enjoining its implementation.
The court finds the plaintiffs have shown their rights to bear arms under Article l, 27 of the Oregon Constitution would be unconstitutionally impaired if Ballot Measure 114 is allowed to be implemented. Dovle v. City of Medford, 356 Or. 336 (2014). Based upon facial constitutional evaluation of Ballot Measure 114, the measure unduly burdens the plaintiffs' right to bear arms. State v. Christian, 354 Or. 22 (2013)"
The state has indicated they will appeal.
See the attached articles Article, Article2
"The Harney County Circuit Court is issuing Permanent Injunction under Oregon Revised Statute 28.020 declaring 2022 Ballot Measure 114 'unconstitutional thereby permanently enjoining its implementation.
The court finds the plaintiffs have shown their rights to bear arms under Article l, 27 of the Oregon Constitution would be unconstitutionally
impaired if Ballot Measure 114 is allowed to be implemented. Dovle v. City of Medford, 356 Or. 336 (2014). Based upon facial constitutional evaluation of Ballot Measure 114, the measure unduly burdens the plaintiffs' right to bear arms. State v. Christian, 354 Or. 22 (2013)"
The state has indicated they will appeal.
Article, Article2,
November 15, 2023 : FBI to grant Oregon a ‘grace period’ to allow access for Measure 114′s required federal background checks. See the recent article.
October 17, 2023 : Measure 114 requires that the FBI conduct background checks for gun permits. The feds say they can't do it See the KGW8 news article
October 10, 2023 : Harney Trial Record is CLOSED! The Opinion is due by Nov. 22, 2023.
In the last week Judge Robert Raschio issued a statement closing the trial proceedings and setting the timeline for delivering his opinion. "The record is now closed. the court will issue an opinion letter no later than November 22, 2023."
This was after the State attorney's attempted an end run, which was denied, to insert inadmissible evidence after the trial had concluded. See this article for a summary.
September 26, 2023 : Harney Trial has ended, Awaiting Ruling. Federal Case Going to Appeal.
The trial in state court (Harney District Court) has concluded. The trial went very well with the proceedings focused on the constitutional question. The process requires a ruling within 60 days. We certainly hope for sooner. We are certainly optimistic for a ruling based in law. Here are some links on the proceedings. Link1, Link2, Link3, Link4
Meanwhile in California, a federal judge ruled that high magazine bans are unconstitutional . Link,
Our Federal case will proceed to appeal with the 9th circuit court. The above cases help our case. More updates later.
September 22, 2023 : Harney Court is in session.
The Plaintiffs witnesses completed their testimony by Wednesday 9/20/2023. In a turn to the previous instructions for the proceedings the Judge allowed a State witness that was a volunteer in the signature collection process. While on the stand the Judge posed questions on the latitude and application of the proposed law by officials. See the more details in the following article: Judge in Oregon Measure 114 trial opens window into his thinking with direct questioning of witness.
Here is another good summary of the happenings at the trial which may provide insights into the final decision. Link
August 11, 2023 : Notice to Appeal has been filed.
The Notice of Appeal has been filed to the Federal Court of Appeals. We believe the recent ruling is Wrong. Stay tuned!
July 14, 2023 : Federal Court Ruling is out - We believe the ruling is Wrong - On to Appeals
Judge Karin Immergut has published her ruling and has ruled against firearms owners. We feel that the ruling is not consistent with the 2nd amendment and also in direct conflict with numerous other ruling on the topics in question.
Next steps:
- Its on to the 9th Circuit court of appeals.
- Also the Harney County decision, which is currently holding BM114 off, is scheduled for September.
June 3 : Federal Court Starts Monday June 4, 2023
BM114 Still On HOLD – Federal/State Court Dates Set
- Our legal team has been hard at work in pretrial activities. They are driving at the right arguments for the win in the end. BM114 has many components and we will see how they fair through the process.
- In the State Court some of the national groups have withdrawn. (Link) But, the case is still on with full legal counsel engaged. There were rumblings that the national groups were questioned as to if they had "standing" or did they represent their members in Oregon. By removing themselves, this will focus the case on the true issues, not on whether a national group has standing in Oregon.
March 16 : BM114 Still On HOLD – Federal/State Court Dates Set
- The current status of BM114 has not changed . BM114 is still on hold from the order from the Harney court. Federal and State trial dates are set.
- June 4-9 Federal Trial
- June 16 State preliminary hearing
- Sept 18-25 State Trial.
- For certain, either way the decision goes we expect there will be appeals.
- The above timeline has BM114 on hold until September, 2023.
March 6 : BM114 Still On HOLD – State Case/Court Dates Set
- A summary judgement hearing date has been set for June 16, 2023
- Trial date has been set for September 18-25, 2023
- Plaintiffs have also filed that a request for declaratory judgment may be issued after March 10, 2023.
- The State has filed with legal maneuvering, instead of the standing on the merits of the case, contending the plaintiffs are not entitled to injunctive relief because they have not stated claim, have no standing, are not a real party, mootness, ripness. See this article
- Really no change to report. See the February 9th update.
- With the decision this morning by the Oregon Supreme Court not to intervene in the State case, Judge Immergut as cancelled the Feb 22-24 federal case hearings to address the topic of preliminary injunctions against BM114. Instead, the Federal cases will move to full trial (as will the State case) at a time to be determined (possibly May-June).
- In the meantime, BM114 is held by the previous Harney court decision.
February 9: The Oregon Supreme Court declined to exercise authority (rule) on the Harney case. the opinion cites: See the ruling here
- " ... resolution is underway in the trial court; our only determination today is that now is not an appropriate time to exercise our authority in mandamus in connection with the trial court’s temporary and preliminary rulings.4 The petition for a writ of mandamus is denied without prejudice. The motion for stay is dismissed as moot without prejudice."
January 13: The AG filed a petition with the Oregon Supreme Court to overturn Judge Raschio's stay on BM114. Here is an article. Here is a video..
January 12: Amicus Briefs were filed this week. here are 3 filed in support of NSSF/OSSA position.
- Amicus Brief filed by: Oregon Hunters Association, Congressional Sportsmen’s Foundation, the Rocky Mountain Elk Foundation, Sportsmen’s Alliance Foundation, Oregon Wild Sheep Foundation, Safari Club International, National Deer Association, Delta Waterfowl, and Ducks Unlimited
- Amicus Brief filed by: Oregon Hunters Association (“OHA”) and Ducks Unlimited (“DU”)
- Amicus Brief filed by: National African American Gun Association, Inc. (NAAGA), Asian Pacific American Gun Owners Association (APAGOA), DC Project Foundation, Inc. (DCPF), and Operation Blazing Sword, Inc. (operating as Operation Blazing Sword - Pink Pistols) (OBSPP)
Prior Updates:
- January 5: Federal Judge Immergut, in a follow-up to the Dec. 6, 2022 hearing, has granted the States request to lift the Stay on the requirement for a unique identifier of an approved background check (removing the 3-day rule) and the magazine ban portions of BM114. See the order here.
- This means that Harney Judge Raschio's decision is now the only order keeping the entirety of BM114 under a restraining order at this time. The State is expected to challenge this with the Oregon Supreme Court by January 15th. Meanwhile the cases will continue to address the constitutionality of BM114 as a whole.
- January 3: Harney County Circuit Judge Robert S. Raschio issued his decision to continue to block entirety of BM114 including the States request to remove the 3-day rule. See this article for a good summary.
- December 23: The Dec. 23 Harney District Court hearing has been completed. The question is if the state can remove the existing 3 day rule. - The Ruling is pending by Jan. 3, 2023. Watch here for updates. Here is an article that summarizes the hearing
- December 23: Federal suit court dates are set for late February, 2023
- December 23: The State has identified they will not be ready for the permit process until March, 2023.
- December 15: Oregon Measure 114′s ban on sale of large-capacity magazines blocked by Harney County judge. This article has a good summary and links to the order. (Article)
- December 15: Harney County Circuit Court Judge Robert S. Raschio ruled Thursday that restrictions in Ballot Measure 114 prohibiting the purchase and carry of magazines holding more than 10 rounds of ammunition “unduly frustrate the right to bear arms” under Oregon’s Constitution. (Link to article)
- in addition. ... "Raschio said he will hold a hearing within 10 days of being notified the permit-to-purchase system is ready to determine if it is constitutional. He scheduled a hearing for Dec. 23 on the background check provisions in Measure 114." (Link to article)
- December 13: The Harney County decision for the stay on the PTP of BM114 will stand until the preliminary injunction hearing on Dec. 13, 2022.
- Dec 7, PM — (Link) (Link 2) The Oregon Supreme Court late Wednesday afternoon denied a request by the state Department of Justice to have it review a circuit court judge’s decision to prevent enforcement of Ballot Measure 114. The court also ruled the Harney County suit to pause the gun control measure will stand. In their one-page decision, the justices gave no reasoning for their decision. What this means is that the Harney County decision will stand until Dec 13 when the judge will decide if the preliminary injunction will be granted.
- Dec 7, The Oregon State Police have issued an update on their FB page... (Link) Oregon State Police launches new permit to purchase webpage December 8, 2022- Oregon. "An injunction has delayed the implementation of Ballot Measure 114." .... "The OSP’s Firearms Instant Check System (FICS) unit will continue to work to process and resolve the pended/delayed FICS transactions.
- "OSP continues to work with our partners to set up the Oregon Permit to Purchase program with our partners at the Oregon State Sheriff’s Association (OSSA) and the Oregon Association of Chiefs of Police (OACP). OSSA and OACP are still working through the training requirement portion of the application process." " At this time, Permit Agents are not able to accept or start processing Permit to Purchase applications. " https://www.oregon.gov/osp/programs/cjis/Pages/Permit-to-Purchase-Program.aspx
- Dec 7, The Oregon Interim committee on Judiciary and Ballot Measure Implementation met today on BM114. They reviewed the process of establishing temporary rules for BM114. This includes the establishment of a standard permit application and administrative process for the permit. Preliminary content is being added to the permit process such as suicide prevention. Sen Thatcher asked where the personal data would reside in the process. See the replay here..
- Dec 6, NSSF issued a statement on the recent ruling of the OFF Case. See Article here This is a key paragraph "NSSF respectfully disagrees with the court’s ruling. The court misapplied the U.S. Supreme Court’s recent Bruen decision, which set forth the proper analysis for evaluating laws that burden Second Amendment rights. The court incorrectly relieved the State of its burden to demonstrate that the restrictions in Measure 114 are “part of the historical tradition” of firearm regulations that existed at the time the Constitution was adopted. The court mistakenly placed the burden on the plaintiffs to prove a “need” for lawful self-defense. The court also engaged in the very interest-weighing analysis the Supreme Court expressly rejected in both its Heller and more recent Bruen decisions."
- Dec 6, PM: In state court, Harney County Judge Raschio granted a temporary restraining order for the GOA/2nd Amendment Foundation suit for both the magazine ban and the Permit to Purchase subjects in BM114 (link) It is expected that the state will ask the state supreme court to review this decision promptly. A hearing is also set for Tuesday for the preliminary Injunction motion for both BM114 subjects.
- Dec 6, AM: Judge Immergut put a stay of 30days in place for the Permit to Purchase from the motion filed by OFF. The magazine ban portion of BM114 remained in place. (Link)
- Dec 4: The State Attorney General has asked that implementation of portions of BM114 be postponed, as the realize the permitting system is not ready for Oregon citizens on December 8th. (LINK) (Another Link)
- Dec 4: Oregon Sheriff's Association and Chiefs of Police Association have submitted letters to Judge Immergut for consideration. The article details many issues with the permitting system and the imminent deadline for implementation. The article indicates their support for the NSSF/OSSA motion that has been filed. see the summary here..
- The NSSF has filed suit on December 1, 2022. OSSA is one of the plaintiffs. See article here
- On November 30th, The Firearms Policy Coalition and 2nd Amendment Foundation filed suit. (link)
- The Oregon Firearms Federation (OFF) along with its partners in the BM114 law suit from last week, have filed an emergency motion to prevent BM114 from taking effect on December 8th. A hearing was held Dec 2nd.
- Late Friday, December 2, 2022. Sportsmen's Warehouse also filed suit for a temporary restraining order (Link)
- The court heard oral argument on OFF’s motion for Temporary Restraining Order at the Dec. 2nd hearing. Judge Immergut took the arguments under advisement and intends to make a decision by early next week. Here is the Oregonlive summary..
- We also expect decisions on the additional suits from Judge Immergut, but without oral arguments.
- The Oregon State Police posted a news release on their plans for the permit system and the pending transactions on December 8, 2022. Note that all background checks not completed by end of day December 7th will need permits. As for getting a permit, OSP indicates they will have a paper system in place (Link). See the above Oregonlive article for the reactions from the gallery on the skepticism of a viable system will be in place.
What's Happened: Ballot Measure 114 Update
(Ref. NBC Decision 2022)
The following counties voted a majority "Yes" on BM114: Multnomah (69.4%), Washington (55.2%), Hood River (57%), Benton (58.4%), Lane (54.9%) Lincoln (56.5%), Clatsop (53.4%). The population centers of Multnomah and Washington Counties heavily weight the election. The remaining counties have voted with an average of 70% NO. Ref. NBC Decision 2022
Some other notes:
- The Letter from the Oregon State Sheriffs' Association letter describes the struggle law enforcement is and will have to implement BM114. Note that BM114 will take resources off the streets of Oregon, making Oregon less safe. (link)
- OSSA continues to work with the Oregon Sportsmen Opposed to Gun Violence in their legal strategy and actions We strive to coordinate actions, as well as timing, to enable the most effective results.
BM 114 - Old Posts.
Effective Date: 30 days?? January 15, 2023?? December 8th -REALLY??
Legal Challenges: MANY
- The Letter from the Oregon State Sheriffs' Association is a good read (link)
- The Latest news is that OSP was notified by the Secretary of State that BM114 will take affect 12:00am December 8th. OSP is engaging the Oregon DOJ on the options. (see the Fb post here)
- The Ballot Measure is so poorly written that much of it will need to be re-written by the legislature.
- There are considerable processes and systems for the training and permits that need to be determined before the law can go live.
- The 'rule making' process has yet to start and has an uncertain timeline. Watch for updates.
- Effective date will also be impacted by the inevitable legal challenges.
- Stay Tuned.
Legal Challenges: MANY
- Virtually all parts of BM114 will be challenged for either constitutionality or civil liberties.
- OSSA is aligned with the Oregon Sportsmen Opposed to Gun Violence and the National Shooting Sports Foundation (NSSF) This is a coalition of local and national teams that will have the means to act on the right legal strategy and actions. The team is formed and engaged
- Stay tuned for updates.
- What you can do:
- Join OSSA Donate to OSSA for the legal actions needed
- Donate to Oregon Sportsmen Opposed to Gun Violence for the legal actions needed
BM114 - What Should or Could You Do
Join with OSSA and donate to Oregon Sportsmen Opposed to Gun Violence
10+ magazine proof of ownership requirements
OSSA can not advise you on your actions in this regard it is a personal decision
Bookmark this page for updates.
- Join OSSA
- Donate to Oregon Sportsmen Opposed to Gun Violence for the legal actions needed
- Do it NOW!
10+ magazine proof of ownership requirements
OSSA can not advise you on your actions in this regard it is a personal decision
- The proposed law indicates that for an affirmative defense one must be able to prove the magazine was owned prior to the effective date.
- Here are several ideas provided by members. (let us know if you have more ideas)
- Consider permanently labeling them with your own serial number, like "abc-01"
- Take pictures of the magazines with a piece of ID (ODL) to show your possession. The meta data of the picture needs to have the date.
- Email the pictures to yourself..
- Take/print pictures of your magazines, with your ID and insert into an envelope, then mail them to yourself.
- Take pictures of your magazines with your ID, seal in an envelope as hard copy or on a SD card and a notary certify your signature over the seal.
- .....
Bookmark this page for updates.
Join OSSA to help us fight for what is right..
Plus, it gets you on the list for key Updates!
(Link)
Donate to Oregon Sportsmen Opposed to Gun Violence for the legal actions needed
Previous info.
KPTV Fox 12 News Article
Download OSSA's Analysis of BM114
Download OSSA's Statement in Opposition
Download Voters Pamphlet Statement in Opposition
Link to Online Voters Pamphlet
Example Letter to the Editor
BM114 will COST LIVES, violate the rights of Oregonian’s 2nd amendment, self-defense, and privacy.
Ballot Measure 114 Will NOT stop unlawful violence
Ballot Measure 114
Ballot Measure 114 WILL COST LIVES by blocking suicide prevention efforts and preventing law abiding citizens exercise their rights to the second amendment and self-defense.
BM114 will NOT:
BM114 is flawed:
Oregon State Shooting Association (OSSA) and Oregon Association of Shooting Ranges (OASR) are Oregon’s leading resources for safe and active shooting sports and facilities. We drive development, education, training for safe participation in shooting sports whether it be for hunting, competition, self-protection, or recreation. Some of our key programs are:
OSSA and OASR support real and effective measures to prevent unlawful use of firearms in our communities while preserving our 2nd amendment rights.
Ballot Measure 114 WILL COST LIVES by blocking suicide prevention efforts and preventing law abiding citizens exercise their rights to the second amendment and self-defense.
BM114 will NOT:
- Impact criminal intent / actions.
- Impact actions of an individual bent on violence
- Deter domestic violence, familicide, or gang violence.
BM114 is flawed:
- The estimated 300 officers, $200M in facilities construction, and $40M annually required to complete the process is NOT resourced.
- The permit requirements are not defined,
- A 30day background check completion limit (given current 6-week backlog) means virtually all permits will be denied.
- The new permit registration database is NOT protected from public disclosure (personal and private data will be published).
- The permit process will disproportionally impact marginalized populations (women, race, income, orientation…) and prevent them from exercising their 2nd amendment rights and providing for their self-defense.
- BM114 blocks efforts to reduce suicide by firearms in our communities.
- BM114 criminalizes not only 10+ round magazines, but common shotguns used for hunting, recreation, and high school sports programs.
Oregon State Shooting Association (OSSA) and Oregon Association of Shooting Ranges (OASR) are Oregon’s leading resources for safe and active shooting sports and facilities. We drive development, education, training for safe participation in shooting sports whether it be for hunting, competition, self-protection, or recreation. Some of our key programs are:
- Comprehensive resources for basic firearms safety and safe storage,
- Children's safety programs,
- Leading Suicide prevention strategies and programs,
- Strong firearms education, and training for new and experienced firearms owners.
OSSA and OASR support real and effective measures to prevent unlawful use of firearms in our communities while preserving our 2nd amendment rights.
- Suicide Reduction by amending Oregon's transfer law for citizens to be comfortable in transferring their firearms to a trusted friend in times of crisis.
- Effective and constitutional use of existing NICS (background check system) and Extreme Protection Law (Redflag), with due process by family members and certified officials to prevent future violence by those known with critical issues.
- Swift, strong, and increased punishment for unlawful possession or use of firearms.
Archive of Updates.
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