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Anti-gun Hearing Held. No Surprises.

Cashing In On Gun Control


02.07.2024


The hearing on SB 1503, which we warned you about here, was exactly what you would have expected. A litany of leftists demanding more restrictions on firearms possession.

Of course there was the usual parade of horror stories of one or another subset of society shooting each other with not a word that these shootings were done by “people.” It was the guns that did it.

Republican Senator Bill Hansell came to praise the Democrat Senate President and lend his support for this latest taxpayer funded, back door, gun grab. This should not be a surprise since Hansell has stuck it to his constituents in the past on gun control.

Hansell  was also one of two Republican Senators who crawled into the sack with the far left in an aborted attempt to screw two conservative, pro-gun Republican Senators who also served as Republican Party leaders. This kind of shameless treachery and back stabbing has few parallels in Oregon history, but of course went unpunished. Mercifully neither Hansell, nor his partner in that disgraceful episode are seeking reelection. Let’s see what kind of damage they can do in the time they have left.

In what has become a repeated occurrence, numerous people who had signed up to testify, whose names we recognize as supporters of gun rights, mysteriously were unable to connect. This happens with the regularity of a metronome.

One bright spot was the testimony of Wallowa County Commissioner Todd Nash who did an excellent job of exposing what this bill is really all about; a “recipe for more distrust”.

We thank him for his efforts.

It should be noted that written testimony was overwhelmingly in opposition to the bill.The testimony in support leaves no doubt what the intention of the supporters is. More gun bans.

An amendment has been offered to the bill that would change the organization cashing in on this gun grab from the inept and deceitful Oregon Health Authority to the Department of Justice.

And why not? The OHA will almost certainly complete research that recommends more gun control. But why take a chance when you can enrich the Department of “Justice” which has already spent millions of your tax dollars to eliminate lawful firearms possession?

We will keep you informed as this bill makes its way through this session.

UPDATE. THIS BILL IS NOW SCHEDULED FOR A WORK SESSION FEB 13th at 1PM.

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FIRST ANTI-GUN HEARING OF 2024

 

USING YOUR MONEY TO ELIMINATE YOUR RIGHTS

 

02.06.2024

Wasting no time in their attacks on gun rights, the Senate Judiciary Committee has scheduled a hearing on  for SB 1503 for TOMORROW.

No doubt the supporters of this bill were notified well in advance.

The bill sends a very large pile of money to the Oregon Health Authority to “research”  “gun violence and suicide.”  This is the same OHA that we told you has hidden research that did not please the Democrat overlords who requested it.

“The Act makes a task force to stop gun violence and suicide. The Act provides money for research on gun violence and suicide.” 

As you would expect, the task force will consist only of anti 2nd Amendment activists. No one who supports gun rights will be allowed to participate.

We all know where this is going.  More of your money spent to craft new ways to eliminate your rights. 

The hearing is tomorrow in Senate Judiciary at 1PM.  It’s safe to say the anti-rights crowd will have been prepared and will be in attendance. 

You can register to testify in person or remotely using this link:

https://olis.oregonlegislature.gov/liz/2024R1/Committees/SJUD/2024-02-07-13-00/Agenda

On that page you will see a box with “Register to Testify” next to it. Click on that box to register.

If you cannot be there you can still submit testimony noting that SB 1503 is another payoff to the anti-gun left and another attempt to silence gun owners.

You can use this link to submit written testimony.

https://olis.oregonlegislature.gov/liz/2024R1/Testimony/SJUD?meetingDate=2024-02-07-13-00

Clearly the Republican’s fantasy that there would be no gun bills has been put to rest.

 

UPDATE.  An amendment to the bill has been introduced.

This amendment adds,”A representative of a community-based firearm safety and  protocols program” (which sure won’t be a pro gun group) and now funnels the money to the Department of Justice instead of the Oregon Health Authority.  Why give all that money to a agency that might support gun bans when you can give it to one that has already spent millions to do it?

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“Gun Violence” Can Be Very Profitable

 

“Gun Violence” Can Be Very Profitable


02.02.2024

Hot on the heels of HB 4096, which we warned you about yesterday, we now have SB 1503. “The Act makes a task force to stop gun violence and suicide.”

Because a “task force” created by far left freedom haters is going to stop gun violence and stuff. And lo and behold, guess who gets to cash in?

Our old friends at the Oregon Health Authority, those good folks who didnt bring you the report they created that contradicted what their overlords in the Democrat junta wanted them to say.

Section 2 of the bill says:

In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Health Authority, for the biennium ending June 30, 2025, out of the General Fund, the amount of $400,000, which may be expended for the purpose of paying a third party for research ordered by the Task Force on Gun Violence and Suicide Prevention, as authorized under section 1 of this 2024 Act.

Let’s take a look at who is going to be on this “task force” that will put an end to the rampant gun crime that is encouraged by liberal’s promotion of violence and refusal to meaningfully hold criminals accountable.

(a) The President of the Senate shall appoint two members from among members of the Senate, one from the majority party and one from the minority party.


(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives, one from the majority party and one from the
minority party.


(c) The Governor shall appoint eight members as follows:
(A) A representative of a state public health agency;
(B) A public safety policy advisor to the Governor;
(C) A representative of a nonprofit organization focused on suicide prevention;
(D) A representative of a community-based gun violence intervention program;
(E) A representative of the public health research field;
(F) A behavioral health professional or provider;
(G) An adult behavioral health provider; and
(H) A medical provider who has worked with gun violence victims.

Curiously absent from this roster of luminaries is any representative from any organization that promotes firearms training or supports Second Amendment rights.  Who would have ever thought?

And just who do you suppose the “third party” doing the research will be?  Hmm, maybe another left leaning “non-profit” that donates to Democrats? Just a wild guess there.

We can only assume that after the OHA completes this study and finds out that maybe things would change if criminals were punished, they will bury this report like they did the one on booze taxes.

Now that the Oregon Supreme Court has decided that 10 Republican Senators cannot hold office in the future, we have to wonder which of them will feel the need to come to work and provide a quorum to help the Democrats pass more of this crap.

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Here We Go Again

02.01.2024

“If we don’t talk about guns and abortion, we can have a really good session,” House Republican Leader Jeff Helfrich of Hood River told the Salem City Club last week.”

Any chance of that happening is now over as Republicans and Democrats have come together, once more, to attack gun rights.

Independent Brian Boquist, and Republicans Court Boice, Charlie Conrad, and Anna Scharf have joined 10 Democrats to sponsor HB 4096.

While cynically claiming that this session the Republicans are going to “protect Second Amendment rights,” something they sure didn’t do in recent sessions, (Senate Republicans place great importance on protecting the constitutional rights of Oregonians whether it be the 2nd Amendment or the Kicker.) it did not take long for Republicans to join with some of the loudest voices against gun ownership to promote the Democrat’s agenda.

The Act allows FFLs to enter into agreements to hold guns for safety.”

The bill also directs the Oregon Health Authority to “develop, publish and distribute a pamphlet on firearm suicide prevention and the use of firearm hold agreements as defined in section 1 of this 2024 Act as a means of reducing firearm suicide risk.”

The bill makes no mention of any kind of suicide other than those committed with firearms. In fact, it does not even acknowledge that there is any other way to commit suicide, it just reinforces the left’s message that guns are bad and directs the OHA to normalize and promote that message.

The Oregon Health Authority, like all Oregon agencies is a bloated, dishonest, budget eating monster that serves as the propaganda arm for the Democrat Party. That Republicans would choose them to create any information related to gun ownership is startling in its complete lack of awareness.

Under this bill a person who is presumably experiencing a mental health crisis could enter into a “agreement” with a gun dealer to hold his firearms for “an agreed-upon period of time.” And while it gives lip service to legal immunity to gun dealers who return guns to people who have tacitly signaled they are possibly suicidal, in fact it opens the door to endless liability and lawsuits.

The immunity to legal liability does not apply:  (A) If the licensee returns the firearm to a person the licensee knows, or reasonably should know, is a danger to self or others.

You can bet that Oregon’s trial lawyers will see a goldmine in that carve out. After all, if someone drops off their guns because they think they are suicidal, what dealer has the qualifications to determine they are not?

If the Oregon Legislature truly wanted to create a system where a person in crisis could leave their firearms in safe harbor, they could repeal the senseless and dangerous law that makes it nearly impossible and legally dangerous to leave firearms with a trusted friend or family member. Instead they are creating a whole new bureaucracy wrapped in red tape that puts gun dealers in jeopardy and exposes gun owners to embarrassment and humiliation at the worst possible time.

Don’t forget, the Democrats who are controlling Salem want nothing more that to shut down every FFL in Oregon. That is why they are spending millions of your tax dollars to protect Mz 114 against our lawsuits. But beyond that, the bill ignores and refuses to address the legal mess it will create for people who want to get their guns back.

Since these guns are not being repaired, there will not be the background check exemption for gunsmithing. Given the Oregon State Police’s horrendous record completing background checks, and given our current governor’s unbridled hatred for gun owners, what directives do you think OSP will get about approving checks for people who have already implied they are suicidal?

The Oregon Democrats are determined to end gun ownership in the state. The Oregon Democrats determine the agenda. The Oregon Democrats have complete control over this bill and any amendments and added restrictions they can imagine. Boquist and the Republicans are living in a fantasy world if they think this bill is anything less than another back door attack on gun rights. Especially when a real fix is so simple. 

Last session, after the most conservative Senators sacrificed their political futures to stop the left’s endless assault on liberty, Republican “leadership” sold them out and helped pass the Democrat’s agenda. Now Boquist, Conrad, Boice and Scharf seem ready to help them again.  Let them know that 4096 is a Democrat tool and to stop helping the other side. Boquist and Conrad both have a history of promoting anti-gun legislation. Scharf and Boice should know better.

 

 

Senator Brain Boquist

Capitol Phone: 503-986-1712

Email: Sen.BrianBoquist@oregonlegislature.gov

 

Representative Court Boice

Capitol Phone: 503-986-1401

Email: Rep.CourtBoice@oregonlegislature.gov

 

Representative Charlie Conrad

Capitol Phone: 503-986-1412

Email: Rep.CharlieConrad@oregonlegislature.gov

 

Representative Anna Scharf

Capitol Phone: 503-986-1423

Email: Rep.AnnaScharf@oregonlegislature.gov

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We Are On A Tightrope

01.24.2024

The major victory that gun owners achieved when a state court judge declared Mz 114 unconstitutional is in jeopardy. Of course, that’s not a surprise.

Between the two lawsuits filed against the measure, one in Federal Court and one in state court in Harney County, Oregon has spent countless millions of your money to eliminate your gun rights.

The Democrats, and their Department of “Justice,” have displayed a white-hot hatred for law-abiding gun owners and blind rage fed by your tax dollars.

The far left had a temporary victory in Federal Court, where a judge openly defied the directions of the US Supreme Court. However, their efforts to render Oregonians defenseless in the face of the criminal mobs they support were dealt a serious blow when Mz 114 was struck down in state court.

But rest assured, the battle is far from over. As long as Kotek and her lackeys have unlimited access to your money, they will not stop attacking your rights and your property.

The Federal Judge’s decision that a complete ban on firearms transfers and a ban on virtually all firearm’s magazines is constitutional was absurd, of course, and it is being appealed. We have no doubt that her politically motivated orders will eventually be overturned when rational judges examine her bizarre ruling.

But as you know, that will not happen quickly. In the meantime, we need to focus our efforts on defending the victory gun owners had in state court.

Kotek and the Department of “Justice” have not only vowed to appeal this positive ruling, but they have also gone a step further and asked that the measure, which has been declared unconstitutional in every aspect, be enforced while it is being appealed!

This is normal legal practice turned on its head. It is also a sign of just how determined they are to make sure the anarchist thugs they answer to can continue to rule the streets while you and your family are stripped of your ability to defend yourselves. We absolutely cannot let them win this one.

As you know, our Foundation has been paying the costs of the Federal lawsuit. But now we have been asked to assist in the state case that was handled brilliantly and successfully by attorney Tony Aiello. While the costs of the Federal trial have been the largest we have ever had to face, we have agreed to do what we can to help fund the state effort.

The Oregon legislative session is starting soon. If the past is any indication, most of the elected Republicans will fold up and surrender. That means we are going to face a very uphill battle in Salem. The best Senators we have were sold out by their “leadership” after risking their political futures, and the Republicans in the House handed a victory to the gun grabbers when they could have won with no risk to themselves. Then they promised to file a lawsuit against the gun control bill they helped pass, and that turned out to be another bait and switch. That means that whether we like it or not, these court battles are going to be front and center in our fight for the Second Amendment and sanity.

The Harney County victory rocked the leftist elites back on their heels. They are furious, they are vengeful, and they are awash in your money. Gun owners have truly shown themselves to be David in a battle with Goliath. But our rights are hanging on the very edge right now. We absolutely must defend this critical victory. Every single dime will count. We hope we can count on you again.

Please consider whatever you can contribute to help us keep the people who hate freedom at bay.

You can make a secure online donation here: https://oregonfirearms.ejoinme.org/MyPages/DonationPage/tabid/70447/Default.aspx

That link includes a mailing address if you prefer to donate through the mail; however, we have noticed that mail service has become less and less reliable.

Thank you very much for standing up for the Second Amendment in Oregon.

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They’re Starting Early

01.11.2024

Before the Oregon Legislative session has even begun, the far left that controls the state and intimidates Republicans into subservience is at work attacking your gun rights.

Today the “Joint Committee on Legislative Audits” held hearings on “Extreme Risk Protection Orders” and domestic violence.

Here is the  “report” on extreme risk protection orders provided by the Secretary of State.

You will note that it states Based on data provided by OSP, active ERPO respondents tend to be young to middle-aged white men, but the population is small.”

The report does note that a person can be the victim of an ERPO for the “crime” of having lawfully purchased a firearm within the last 180 days. It also notes that a person can lose their gun rights for recently using legal marijuana. It also notes that the overwhelming number of ERPOs are requested by police.

One thing the report does not mention is that people who lose their firearm’s and their gun rights based on ERPO’s are forbidden from using positive mental health assessments in their defense.  Nor does it mention that persons who lose their rights and property have not been accused of, let alone convicted of, any crime.  Losing your rights because of an extreme risk protection order merely requires an unproven accusation. Once a person loses his rights and possessions under an ERPO, it becomes his responsibility to challenge the ERPO at his own expense and somehow prove he is not “dangerous.” The victim of the ERPO has no opportunity to defend himself when his rights are taken.

It became clear from testimony at the invitation only hearing, that Democrats are planning to add new restrictions to ERPO’s to give police even more powers to confiscate personal property.

House Rep Nancy Nathanson complained that a violent offender had access to firearms that had not been seized by police. But that was after noting that Oregon let this violent offender free after a violent attack, a policy that Democrats in Oregon champion and embrace.

Data from the Secretary of State (who took over the office when Shemia Fagan resigned after it became known that she was on the payroll of Oregon pot dealers) were largely drafted by the rabidly anti-gun “Everytown for Gun Safety”.

ERPO’s are a dangerous attack on the rights of people who have not even been accused of a crime. When ERPO’s are issued, the police confiscate the firearms of the person who has the order against them, but no other action is taken to assure that they are not dangerous. All manner of dangerous items are still available to the truly dangerous and those people are not removed from a household nor is that person incarcerated, leaving truly dangerous persons free to act violently.

When this law was passing through committee years ago, an amendment was offered that required that if a person was going to lose his rights and possessions because someone accused them of being mentally unbalanced, some effort would have to be made to assure that the person received  some mental health assistance. That  amendment was immediately shot down by the Democrats controlling the committee. Any doubt that this law was always intended to be an attack on gun rights evaporated then and there.

It’s safe to say that in the coming “short session” there will be more attacks on gun rights even though these sessions were intended to be for minor tweaks to existing law and to address fiscal issues.  The Democrats have been claiming they want to concentrate on Oregon’s drug fiasco and rampant homelessness. But do not count on it.  The delays in the implementation of Measure 114 restrictions have Democrats furious so we fully expect more restrictions on firearms to be coming.

The first bill to expand gun prohibitions has already been introduced in draft form. And while it claims to be addressing people who have made threats of mass killing, any bill that bans gun ownership has the potential to be amended and expanded to include more people who have done no wrong, and the bill was sponsored by anti-gun fanatic Courtney Neron.

You can view her draft here.

But the Democrats will have no monopoly on bad legislation.

“Republican” gun control supporter Kevin Mannix has already announced his intention to pass more laws that he claims are intended to address “stalkers”. But when Mannix served in the legislature years ago (and promoted anti-gun legislation) he also pushed  “stalking” laws that assumed the guilt of anyone accused. And remember, no bills will see the light of day or be passed unless they serve the needs of the controlling Democrats.

Oregon’s “short” session starts in February.  The legislature is still made up of many Republicans who refuse to stand up for your rights even when they can do so at no risk to themselves.

Get ready for another battle.

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HAPPY NEW YEAR! STATE SMACKED DOWN AGAIN

01.02.2024

 

Judge Raschio

 

Today in Harney County, Judge Rashchio struck down every single objection the state raised to his decision to enjoin Measure 114.

The State is spending millions and millions of your dollars to end firearm’s ownership in Oregon and prosecute Oregonians  who exercise their rights under the US and Oregon’s Constitutions.

Today they were in court explaining why they believed that virtually every conclusion the judge reached in his decision to protect Oregonian’s rights was wrong.

Once again, attorney Tony Aiello reduced their pathetic attempts to an ash heap and the judge agreed, denying every single objection.

As absurd as the entire expensive episode was, the most ridiculous part was when state hack Anit Jindal tried to make the argument that firearms don’t require magazines because… muskets.

The next step in Oregon’s endless war against its most law abiding citizens will no doubt be an appeal to the Judge’s injunction to a higher court, paid for by you. But for now, Happy New Year. The Marxists lose another round.  Thank you Mr. Aiello.

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A Christmas Update

12.19.2023

With Christmas just a few days away we know many of you will be traveling to be with loved ones on this holy day.

We wish you a profoundly joyous season in these troubled times and want to thank you for your support, encouragement, and commitment to the principles that once made America the greatest and most free country in history.

We hope you enjoy this day and time with family and friends and wish you safe travels if you will be on the road.

That being said, we want to bring you an update on our ongoing efforts to overturn the absurd and unconstitutional ruling of Judge Karin Immergut . 

As you know, she declared Measure 114, which will essentially end firearm’s sales in Oregon and make criminals out of everyone who owns standard magazines,(a fundamental firearm component) constitutional.

We are very fortunate that a state judge in Harney County reached a very different and far more rational conclusion and placed an injunction against this obscene attack on our rights.

Needless to say the state will continue to spend millions of your dollars to reverse that decision no matter how ridiculous and laughable their arguments may be.

As we have reported, we are appealing Immergut’s ruling. However, in what should come as no surprise the openly anti-gun 9th Circuit has bowed to Oregon’s ruling leftist cabal and agreed to delay dealing with our appeal until after it decides a California case, Duncan et al v Bonta.

While the pretext for this delay is the “conservation of judicial resources” the reality is that the cases are different enough that this is clearly just a tactic to delay addressing this vicious attack on the Second Amendment.  No doubt the plan is to push these decisions back as far as possible while hoping that the Biden administration will have the chance to stack the Supreme Court with more judges who cannot define what a woman is.

You see the court’s order here.

We strongly believe that no matter what games Oregon’s laughably named “Department of Justice” and the 9th Circuit play, we will ultimately prevail.

But for now, Merry Christmas.

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Going Once, Going Twice…

12.05.2023

2023 will soon be behind us and with it the chance to beat Tina Kotek and her band of right’s haters out of a few bucks.

Donations to OFF’s Political Action Committee may qualify for a tax credit of up to $100.00.

That’s not a “deduction,” it’s better. Yes, you may be able to knock up to $100.00 off your Oregon tax bill and instead put it towards supporting good candidates in the coming election.

See here for details.

But you can’t wait much longer. In order to qualify for the tax credit, OFFPAC must receive your donation before the end of the year. That means that unlike Oregon’s “vote by mail” fiasco postmarks don’t count. We have to actually have your donation in hand for you to get the credit for 2023.

Given the sorry state of the mail these days the safest way to donate is online. Be sure to choose “Political Action Committee” from the drop down menu.

But if you act without delay you can still donate through the mail at:

OFFPAC

PO Box 556

Canby OR

97013

But no matter how you do it, please don’t wait.

It’s no secret that the Democrats have declared war on liberty, property, and even light bulbs, and it’s also no secret that the Republicans will once again attempt to field some truly awful candidates, most of which are already in office with the advantage of being incumbents.

But we know there are good people out there ready to step up if they get support, which they surely will not get from the Republican establishment which is far more interested in appeasing the left than electing fighters.

We would like to help these people, and for that we need your help. For years, establishment Republicans have asked OFF for donations only to attack us for standing on principle. Those people will not be getting your money.

So please consider helping the good guys and quite possibly doing it for free. To those who have already donated to our PAC we thank you. For everyone else we strongly encourage you take advantage of one of the few times you can claw back a few dollars from the state.

You can use this link to donate. 

https://oregonfirearms.ejoinme.org/MyPages/DonationPage/tabid/70447/Default.aspx

Thank you.

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OREGON DOJ TRIES TO STALL APPEAL

11.29.2023

While we are gratified and encouraged by the recent victory in Harney County, it’s important to note that legal efforts to protect the most fundamental rights of gun owners are a long way from over.

As you know, not only have Oregon’s far left power brokers promised to appeal and overturn the Harney County injunction against Measure 114, there is still a federal lawsuit grinding its way through the courts.

While gun owners have had repeated and significant legal victories across the country, there have been setbacks. Some of them would be too bizarre to take seriously if they weren’t so dangerous.

Case in point. A Colorado judge reached the truly idiotic conclusion that the right to own a firearm did not include the right to acquire a firearm. While any rational person would conclude that this decision is simply stupid, it does serve to continue the attack on Constitutional rights.

In many other cases where reason and sanity have prevailed and gun owner’s rights have been upheld, the government has immediately appealed making the courtroom victories mostly academic.

The judge in OFF’s Federal lawsuit to stop Measure 114 decided to completely ignore clear and unambiguous direction from the US Supreme Court when she decided that it was perfectly constitutional to outlaw a necessary component of firearms (magazines) and create a “permitting” system that was impossible to comply with.  Of course appeals are in the works.

But Oregon’s Department of “Justice,” whose sole reason for existing is to spend millions of your tax dollars to strip you of your rights, is determined to do all it can to eliminate lawful gun ownership in Oregon.

Oregon’s Attorney General and her cabal of tax payer funded law sharks are asking the 9th Circuit Court of Appeals to take no action on the appeals filed to overturn the clearly wrong decision by the Federal Judge in our lawsuit.

They are asking that the appeals be held in “abeyance” until after a different case is resolved in California. According to Ellen Rosenblum, Oregon’s far left attorney general, : Holding these appeals in abeyance pending Duncan thus would conserve considerable judicial resources, promote judicial economy, and greatly benefit the parties.”

(“Duncan”  is the  “Duncan v Bonta” case in California challenging California’s magazine ban. A circuit court there as already (and again) declared that ban to be unconstitutional but the 9th Circuit Appeals Court will be hearing an appeal to that decision.)

The problem is, quite simply, the 9th Circuit is stacking the deck. If you want to learn more about the games they play, see this video.

The goal is make sure any appeal is only heard by anti-gun judges.

But while the Duncan case does deal with magazine bans, and the ruling there could impact the Oregon magazine ban, the case has nothing to do with impossible permit to purchase laws. As was pointed out by pro gun lawyers :

“Second, Duncan will have no effect on the permit-to-purchase issue in these cases. Under Oregon Ballot Measure 114, an applicant who wishes to obtain a firearm must first obtain a permit—not just to carry a firearm, but to purchase one. Plaintiffs have brought a Due Process Clause challenge to Ballot Measure 114’s permit regime in addition to a Second Amendment challenge. Nothing in Duncan will have any effect on the resolution of the former challenge, and Duncan will likely have only marginal impact on the latter. “

They also note:” A majority of the judges who voted to retake that case en banc are statutorily ineligible to vote on whether to take a case en banc in the first instance. See 28 U.S.C. § 46(c).

And so it’s clear that Oregon’s radically biased Department of Justice is hoping to take advantage of the 9th Circuit’s shameful and transparent efforts to squash the 2nd Amendment. And while arguments in “Duncan” are expected next March, final rulings (if there really is such a thing) could be far, far out in the future.

We appreciate your past support in these unfairly costly battles and will keep you informed as this case plods on.  For now, gun owners are still protected by the injunction in the state case. For now….

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HAPPY THANKSGIVING. MEASURE 114 DECLARED UNCONSTITUTIONAL.

11.21.2023

Judge Robert Raschio in Harney County has declared Measure 114 to be “facially unconstitutional by a finding of clear and convincing evidence…”

Our congratulations and gratitude go to Tyler Smith and Associates and attorney Tony Aiello  who, virtually single handily, took on a scrum of Oregon State lawyers and defeated this odious attack on liberty. In the email version of this alert we neglected to mention that Gun Owners of America funded this battle. 

Our thanks also go to Judge Raschio who took a brave stand in the face of a full frontal assault on gun rights by Oregon’s establishment leftists.

We have just received the decision and have attached it for your review. We will have more to say about it in the coming days. But for right now we wanted to share this positive news with you in time to give you one more thing to be thankful for.

While this good news buys us time, there is no doubt that the state is already working on an appeal to the ruling which will cost Oregon taxpayers even more millions. And keep in mind that Oregon’s Appeals Court includes Judge Jim Egan, who has stated, in an unhinged rant, that gun owners are racist anti-semites.  So there is still a long and expensive fight ahead.  As we know, the totally compromised FBI has their fingers on the scale and, at the request of Oregon’s Department of “Justice,” broke the rules to offer Oregon a “grace period” to conduct fingerprint checks required by Mz 114 but which the FBI already admitted they were not allowed to conduct.

The fight for gun rights in Oregon will continue but for now we wish you a blessed Thanksgiving.

Oregon Firearms Federation

Judge’s Ruling:

http://www.oregonfirearms.org/wp-content/uploads/2023/11/Opinion-Letter.pdf

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FBI BENDS THE KNEE TO OREGON GUN GRABBERS

11.16.2023

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/MyPages/DonationPage/tabid/70447/Default.aspx

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Preparation Would Be Wise

10.18.2023

We are getting calls from dealers that they are having trouble getting 9mm and 223 ammo.

This, no doubt, is the result of the wars in Ukraine and Israel.

Lake City Ammo is reportedly no longer selling commercially.

Hornady just suffered an explosion at one of their factories and CCI, Federal, Remington and Speer were just sold to a Czech company.

We have have been through ammo shortages before, but thanks to the bumbling ineptitude and anti-gun policies of Joe Biden’s handlers, this may be a more perilous time than in the past.

While we don’t recommend panic, checking your supplies could not hurt.

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THE DANGER WITHIN

10.16.2023

Recent events in the mid-east have demonstrated beyond any doubt what can happen when the people are disarmed.

Though Israel has a robust military, they have never made it easy for their citizens to have access to firearms. It’s an inexplicable policy in a country so often under attack.

While they have recently made it somewhat easier for some civilians to be armed, their policies are still absurdly complex and restrictive, and while Israel’s air defenses are sophisticated, their unarmed civilians were no match for attackers equipped  with small arms, many of whom arrived in what were essentially motor powered kites.

The number of Israelis who were killed with very unsophisticated weapons was just another reminder that Joe Biden was an idiot when he said American gun owners were no match for “F-15’s”.

What does that mean for us?  It means that policies created by left wing American politicians and bureaucrats, and in the case of Oregon, extremist groups posing as churches, can get you killed.

The gruesome reality is that the Democrat’s open border policy has allowed millions of unvetted foreigners into the country with virtually no accountability. It is not likely that foreign terrorists have crossed our border in large numbers. It’s a sure thing.

An untold number of military aged males from across the world are here, in our cities and small towns, thanks to the Democrat’s determination to undermine American sovereignty.  And you can rest assured that many of them are here to kill Americans.

Meanwhile gun owners are fighting on multiple fronts to protect our rights under the Second Amendment while partisan judges and political hacks do all they can to disarm us.  It’s insane.

As you know, a judge in California recently found California’s ban on standard magazines to be unconstitutional. This was good news for gun owners and Oregonians in particular as we are fighting a similar ban here.

But with lightning speed a panel of judges from the Ninth Circuit put a stay on that judge’s decision and allowed the extremists who control California to continue to deny their residents the ability to defend themselves.

In a lawsuit against Ballot Measure 114, brought in State Court by Gun Owners of America, a state judge put a hold on this dangerous and unconstitutional measure.  Recently a trial was held on the matter and we are now awaiting a decision by the judge.  It’s a good bet he will find the measure unconstitutional, but if he does, the state will appeal immediately and we are not optimistic about the what will happen in the Oregon Appeals Court, where one of their Judges, Jim Egan, has already called gun owners racist, anti-semitic, white supremacists.

What happens next in that case is anyone’s guess, but in the end we have no doubt the matter will wind up in the Ninth Circuit where OFF and other pro-constitution organizations are appealing the decision of Judge Karin Immergut, who declared that it was perfectly constitutional to have a law that ended all firearm’s sales and was impossible to comply with.

It’s hard to imagine a time when Americans have been in greater danger from outside forces and our own elected and appointed officials. It’s hard to imagine a time when our country was more dangerously divided against itself.  But these are the times we face.

It is essential that responsible Americans have the ability and the tools they need to protect themselves.  Because, especially in Oregon, we not only face the constant threat of attacks by criminals who have no fear of arrest or prosecution, but of foreign invaders who have, for all intents and purposes, been invited into our country.

So take whatever steps you can to be prepared for deadly encounters.  But also be prepared to demand that the Oregon Republicans stop playing games and start promoting candidates that will actually fight for you instead of rolling over and making deals with the people who are determined to destroy our freedoms.

For too long  the party has allowed unprincipled frauds to get elected because caucus “leaders” wanted candidates they could control. That has to stop. The damage done to our rights by the “leaders” of the Senate and House Republican caucuses has been incalculable. The House caved and let terrible legislation pass when they could have stopped it at no risk. The Senate rolled over AFTER some of their best members became ineligible to run again and the Democrats had nothing left to use against them. It was a planned surrender.  And of course, the lawsuit that was promised by the House Republicans against the Democrat’s ban on privately made firearms has evaporated like all politician’s promises.

America has never been weaker. We have never had people in charge who are actively working for those who want to destroy our country and our way of life.  We cannot allow ourselves to be disarmed.

As the election cycle heats up please stay involved and engaged.  Please insist on real candidates with real courage and not the same old cowardly retreads whose only goal is to make a deal to keep their jobs.  We cannot afford it.

Current events have put us all in danger. We will be doing all we can to identify candidates who stand for principle. It’s never been more important.

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Harney County Trial Wrap Up

By John McDonnell

Measure 114 Update 9/30/23

The Oregon trial on Measure 114 was held last week in Harney County.  This trial is about whether or not 114 is unconstitutional under the Oregon constitution. 

The majority of time was spent on arguing if magazines are a part of a firearm, and critical to operation, or if they are an accessory and not subject to protections under the Article 1 Section 27 or the Oregon constitution.  There were also discussions as to how many available rounds are necessary for self-defense.  All of the plaintiff’s witnesses that were asked how many rounds were necessary, replied “as many as possible”.   

The wording of the measure with regard to easily modifying a magazine to accept more than 10 rounds was discussed, with multiple witnesses demonstrating, and testifying, as to the ease of removing a baseplate and adding a magazine extension or modifying so called “California compliant” magazines so that they could hold more than 10 rounds.  Similar evidence was introduced regarding rifles and shotguns with internal box magazines and tubular magazines.  One witness demonstrated how commonly available extensions could be added or how a common hunting rifle could be modified to hold more rounds by switching out the stock for one that could hold a box magazine of any capacity.

When it came to the issue of constitutionality of a permit to exercise a constitutional right, the state argued that states require a marriage license prior to getting married and municipalities require a permit to hold rallies and meetings in public. Therefore, according to the attorney for the state, requiring a permit to purchase a firearm was acceptable.

Oregon taxpayers are paying for eight lawyers and their staffs in this case, while the attorney for the plaintiffs, Tony Aeillo of  Tyler Smith & Associates was going it alone.  At the end of the trial, Judge Raschio complemented Mr. Aeillo on his professionalism and the thoroughness of his preparation and presentation.  The judge has 60 days to issue a decision in the case.

This case was brought by individuals that took personal and business risks to challenge the state on our behalf.   Gun Owners of America provided financial support, and it would be appropriate to support them as well.

In a similar case on the federal level, Judge Benitez with the Ninth District Court in California has issued a decision stating the California restrictions and limitations on magazines are unconstitutional.  The defendants, the state of California, have appealed the decision to the Ninth Circuit, and the Ninth Circuit Court will now evaluate the decision in a full 11 member, en banc panel, bypassing their own rules for a three-member panel to hear the case before it goes to the full panel. 

Although Judge Raschio, in our Oregon case, is not bound by any decision made by another court, this action is important to our OFF v Kotex appeal in federal court, as it concerns a portion of the decision in that case. 

  Here is a link to the Benitez decision:  https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.3.0.pdf?fbclid=IwAR24aNajKZIC3mrtEj3UUmL3p0a10OKFuweb1xPN0bWKPao8yqJph4kBPa0

Here is a link to the California petition to the  district appeals court that relies heavily on the OFF v Kotex decision by Immergut in Portland: https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.2.1.pdf

UPDATE

The Ninth Circuit Court of Appeals, by bypassing the normal procedure of a 3 judge panel guaranteed that the same judges who incorrectly found magazine bans to be constitutional, would once again rule on the issue.  This was, as explained in this video, a naked “power grab.”  Some judges were outraged by this clear effort to once again torpedo the Second Amendment.  You can read their comments here as dissents in the decision.