Search Results for: and now we know

Well, Now We Know

 

04.24.2021

As Oregonians have watched their state descend into a hellhole of mindless lockdowns, business failures, skyrocketing suicide rates and unchecked (and condoned) mob violence, many have wondered how this could happen.

How could  the “Republicans” who were elected to stand up to this madness roll over, again and again, and allow the left to ram through policies guaranteed to bankrupt small business owners, eliminate freedom of speech and assembly, steal people’s property, and crush the spirit of our children?

And now of course, turn the most law abiding Oregonians into criminals.

SB 554, which passed out of the House Rules Committee will make Oregonians criminals for going to an airport, visiting their child’s school or daring to enter the Capitol Building where antifa and black lives matter rioters are welcome.

It will hold gun owners responsible for crimes committed with guns that were stolen from them and prohibit you from allowing your trained 17 year old daughter from protecting herself when you are not home.

(Don’t be confused by the section that talks about “lawful self defense” that still does not allow you to let your minor child have access to a firearm.)

As rational Oregonians scratched their heads and googled “moving vans” the answer to the Republicans sell-out finally became clear. And to everyone’s astonishment, it was all about…money.

Four million bucks for Senators, two million for House Reps. Money from the benevolent hand of the feds (yes, your money) to do with as they damn well pleased.

Really, sending a bunch of hillbilly gun owners to prison and neutering the police is a pretty small price to pay for that kind of loot.

That was the deal made by the Democrats to buy off the Republicans and get them to stick around and stick it to you. And according to House Republican leader Christine Drazan  “It was important, but I also think that the important thing is we figured out ways that we could work together generally,…That happened to be one where we could find some agreement.”

Yes, working together suddenly becomes a lot more attractive when you are handed a large pile of cash with almost no rules.

Peter Courtney, the Democrat Senate President said “We decided to shoot the moon, shoot Pluto…These are the times that require these kinds of daring, risky actions.”

And hell, if all it takes to get the Republicans to sell out the people who elected them is a bunch of money from the Feds, why the heck not? Peter does not like shooting generally, but some interplanetary target practice with money from Washington ain’t so bad.

It would explain the rude and dismissive responses from Fred Girod’s office when gun owners called asking that he stand up for their rights. ( 4 million bucks is a nice sum for a guy whose house burned down in fires that exploded due to demented Democrat forest policy.)

It would explain why House Reps like Bill Post, who never missed an opportunity to have his hand out to gun owners when he thought the money would increase his stature in his caucus, would use his twitter feed to ridicule gun owners and mock a recall effort. (“…these are not Republicans sending threats . They are gun guys who for the most part don’t vote nor contribute to the party. They’ve never been active in the party.”)

It would explain why Lynn Findley and Bill Hansell would abandon their constituents and expedite the passage of SB 554.

It would explain why appointed Senator Bill Kennemer would stick around after telling the people who chose him as a candidate he would walk out.

It would explain why Christine Drazan, who led the House walkout last session, has reconsidered the wisdom of that (successful) strategy.

“Drazan said that the budget proposal floated by Courtney and Kotek was one key to breaking a logjam in the House, where Republicans had insisted until last week that all bills be read in full before a vote.”

That kind of money can certainly look like a lot of votes come election time. If there are any Republicans left to vote for you after your policies force most to leave the state.

So there you have it. A windfall of money from the feds, fleeced from the taxpayers, greases the skids to a new harmony in the Oregon Legislature.  And all it cost was freedom, dignity and your rights.

https://www.opb.org/article/2021/04/23/oregon-budget-experiment-would-give-every-lawmaker-millions-to-spend-within-reason/

 

04.29.2024

First we have an update on the mysterious “Oregon Gun Rights” that Christine Goodwin claimed “endorsed” her, and then on to the election debacle.

When we first saw last week that former House Rep Goodwin, who is now running for Senate District 2, was endorsed by “Oregon Gun Rights” we naturally wondered who they were. 

They were not listed as a business and were not a Political Action Committee. No one we knew had any idea who they were. Goodwin wasn’t saying.

Some people wondered if she was referring to the law firm of Gilroy, Napoli, Short which owns the website address “oregongunlaw.com” but gun rights attorney Jason Short assured us it was not them. 

Then late last week we learned that the unknown group’s website address was oregongunrights.org. 

 So we checked them out. And you can too. https://oregongunrights.org/

The website was one page that had no contact info, no “about us”, and nothing more than a collection of candidates they “endorsed” with links to some of their webpages. The name of the person who registered the website was hidden.

When we checked, the only candidate whose website listed this group as “endorsing” them was Goodwin. Two candidates we contacted had never heard of them and had not requested, and were unaware of, the endorsements.

Hilariously, the website twice misquoted the Second Amendment as “the right to bear and keep arms.”*

Now, at the very bottom of the site, in tiny type, appears the text “Paid For By Gun Rights First Pac”

“Gun Rights First Pac” suddenly appeared last Friday on the Secretary of State’s website.

Its director is Reagan Knopp. Knopp is the son of former Republican Senate Leader Tim Knopp. The only donation listed is from “Knopp and Company” for website development and that only appeared today.  (UPDATE. The treasurer for this PAC also happens to be the treasurer for Christine Goodwin and Vikki  Breese Iverson. What a coincidence .)

You will recall that it was Tim Knopp who folded and gave the Democrats everything they wanted after some Senators had walked out which barred them from running for their offices again.  This was one of the most bizarre surrenders in Oregon history.  One of the Senators who is barred from reelection is Art Robinson. It is Robinson’s seat that Goodwin is seeking. 

(Goodwin has still not explained why she claims to live on someone else’s ranch in the 2nd district when she owns a home nearby, but just outside the district.)

It’s a pathetic state of affairs when you need to have one of your political allies create a PAC that does nothing so you can pretend to be backed by gun rights supporters.  By the way, the PAC lists its “nature” as “Advoacting” for gun rights.  For obvious reasons OFFPAC will be supporting Noah Robinson for that seat.

Speaking of elections, our bi-annual exercise in futility, they are nearly upon us. Many of you have already received your voter’s pamphlet.

For several decades OFF has published candidate grades. It is always an inexact science at best.  Candidate surveys are not a very good tool for determining where a candidate stands or where they are going.  Voting records are a better resource when available but even they don’t tell the whole story. For example, House Rep Kim Wallan voted against the very dangerous “militia” bill that was designed to attack gun owners while protecting left wing rioters. That would appear to be a good vote. But she voted against it because she did not believe it went far enough! Republicans Charlie Conrad and Kevin Mannix both voted for the bill.

This year there is very little for gun owners, and all Oregonians, to be positive about. And we cannot make many recommendations for legislative seats.

There are only two incumbent House Reps we support. Dwayne Yunker in House District 3 and James Hieb in House District 51.

Yunker has been a breath of fresh air after being appointed to fill the seat abandoned by Lily Morgan.  He has been willing to speak the truth about the reality of what goes on in Salem. One of his recent email alerts correctly noted:“The Democrats are laughing at us.” We need more of that in Salem.

James Hieb was appointed to his seat after Christine Drazan walked away from it in her failed bid to be Governor. In the short time James served in that session, and since, the Republican Caucus has done everything they can to undermine him. Maybe because he has the courage to say things they don’t. James ran for, and won, the seat after that session even when the Republican establishment primaried him and pressured him to drop out of the race. Now, they have dragged Drazan out of the archives to run against him.

Drazan served as Republican House leader before quitting to run for Governor and her reign could only be called (charitably) disastrous.  She cut deals with Tina Kotek that a 5 year old would have laughed at and regularly voted with her Democrat overlords. She even sent out a celebratory tweet after the conviction of Derek Chavin in the death of drug addict, felon, George Floyd.  

She voted twice to put tampons in the bathrooms of kindergarten boys and then denied it. Now she is sending out email fundraisers asking for help “reclaiming” her seat. A seat that is held by another Republican, James Hieb. Disgracefully, the Republican Caucus, which loves to crow about “protecting incumbents,” seems determined to do anything they can to help her at the expense of Hieb.  Oregon simply cannot withstand 2 more years of Drazan’s backstabbing sell outs. OFFPAC supports Hieb for House District 51.

As a result of walking out to protect your rights, Senators Art Robinson and Dennis Linthicum are prohibited from running again for their seats. However, Art’s son Noah and Dennis’s wife Diane are running in their place. We are confident they will continue the principles and policies of Art and Dennis.

We cannot support any other incumbents. Or any candidates that served before and are running again, like Bruce Starr or Mike McLane. Oregon cannot survive the same old collection of self serving back scratchers who simultaneously complain about Democrat rule and  brag about their “bi-partisan” achievements.  While sitting Republicans will boast about the money they got for their districts (by rolling over for the Democrats) some of us would rather have our rights than a new fire hydrant.

Of course, in many cases voters are left with little choice.  

In races where the Democrats cannot lose your pick for the Republican candidate will make little difference so vote for whoever you like best.

In Republican districts many incumbent Republicans are running unopposed in the primary. In that case we suggest you write in your favorite conservative talk show host.  The unopposed Republican will still win the primary but you will not have helped and maybe a tiny message will be sent.  With the exception of the Hieb/ Drazan primary, in contested races currently held by Republican incumbents, we recommend you vote for the challenger. Given the sorry state of the Republican establishment there is very little to risk.

Oregon is disintegrating and we will not fix anything by returning the same compromisers year after year. 

 

UPDATE. In the email version of this alert, we failed to note that both Republican members of Congress from Oregon, Bentz and DeRemer, have regularly voted to support the Biden agenda. They both voted for unsustainable budgets, millions more to protect illegal aliens, and to reauthorize the much abused FISA law that is regularly used by rogue law enforcement agencies to attack American citizens.

*Today after our alert went out “Oregon Gun Rights” corrected their misquote of the Second Amendment. Glad to help them out.

ANOTHER VICTORY …FOR NOW.

 

04.12.2024

As you know, our federal lawsuit against Ballot Measure 114 is proceeding at what can only be called a glacial pace. The 9th Circuit shows no signs of wanting to issue a ruling that will almost certainly be reconsidered by the US Supreme Court.

However, we do have important news on the State case.

After a Judge in Harney County declared the clearly unconstitutional Ballot Measure 114, well…unconstitutional, the state immediately declared its intention to appeal that ruling.

The Oregon Department of “Justice” not only wants to disarm Oregonians at a very dangerous time, it wants to do it as quickly and completely as possible.

So not only did they file an appeal, they also took the unusual step of asking the Appeals Court to implement the measure before the appeal was even heard.  

Typically when a request is made to “stay” a decision of a court, it is done to protect the “status quo” while the matter is litigated. However in this case (as the Appeals Court has noted) the State asked to “stay” the injunction against Mz 114 to turn the status quo on its head and immediately turn thousands upon thousands of Oregonians into criminals.

Today we have received word from our attorney in the state case that the Oregon Appeals Court has denied the state’s request and as such, Measure 114, along with all its intended and very evil consequences remains “on hold” and not in force.  

This is very good news in a very anti-gun state.  We are grateful for the excellent work attorney Tony Aiello is doing in this case.

We are also grateful for the assistance from Firearms Policy Coalition and Second Amendment Foundation in this matter.

But we are long way from having this nightmare behind us.  We are still funding two lawsuits  and only your support has allowed us to get this far.

Please consider any help you can provide to cover the mounting expenses of holding the gun grabbers at bay.

You can make a secure online donation here. 

That page also has address information if you prefer to donate by check.

Thank you for your tireless support.

04.11.2024

Mz 114 and HB 2005 Update

We’ve been getting lots of questions about the status of Ballot Measure 114 lawsuits and House Bill 2005 that was passed last year. 

Measure 114 was declared unconstitutional in the state lawsuit in Harney County in November of last year.  Because of that decision, no parts of the measure can be implemented.  However, as expected, the State of Oregon has filed an appeal.  That appeal has not yet been scheduled to be heard at the State Appellate Court but could be heard as early as late summer or early fall.   If the state wins the appeal, Measure 114 could go into effect immediately, even without a system in place to issue permits.  As for our federal lawsuit, we have filed for appeal. It will be heard when the Federal Appellate court schedules it.  There is a similar case against standard capacity magazines bans currently in the 9th Circuit Court of Appeals in California.   

The 9^th Circuit has decided they will not hear our appeal until after that case is decided. While a ruling could come at any time, it is possible that the 9^th will delay this as long as possible in hopes that the makeup of the Supreme Court will change and firearms related cases will be decided against gun owners.

These same  9th Circuit judges previously ruled against the Second Amendment and said this ban was constitutional.   Only time will tell.

The portion of HB2005 pertaining to serial numbers for unfinished frames and receivers goes into effect September 1^st 2024.  That means that you cannot possess an unfinished, unassembled, home-made, or even a complete frame, receiver, or firearm unless it has a serial number that meets the requirements of ATF regulations, and is applied by an authorized FFL. 

Firearms manufactured before October 22^nd, 1968 are exempt.  If you would like to have  personally made firearm serialized, you will need to find an FFL licensed to do so.  Those licensed to manufacture firearms and many licensed gunsmiths are authorized. 

Keep in mind, 2005 has a pretty much blanket prohibition on unserialized firearms and things that may one day become firearms.  2005 has a specific exemption for specified license holders to take possession of these objects for the purpose of applying a serial number. However, there is no corresponding exception for the owner of the device to be in possession of it at all.

So while the licensed party can legally receive one to apply a serial number, the person who brings it in is still breaking the law and subject to prosecution for possession.

Under the language of HB 2005, If you wait until after September 1^st to have one engraved, the FFL can only return your property after a background check is approved, and then, only after verification that you have a permit to purchase.  That permit does not exist and there is no legislation currently in place to implement such a program.  This element of the law relies on the implementation of Ballot Measure 114, but while that measure is currently “on hold” HB 2005 is not. So how it will be enforced is anyone’s guess. But as noted above, even if you want to apply a serial number, you will already be breaking the law simply by being in possession.  

There is a component of HB2005 pertaining to “undetectable firearms.” This was the brain child of Senator James Manning and is comical and buffoonish. Now Manning wants to be Secretary of State. If you think things were bad under the corrupt Shemia Fagan you ain’t seen nothing yet.

That component also mimics long standing federal regulation and has no place in state law.  You can read the complete measure here: https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2005

Republican leadership said they allowed HB2005 to pass because it was simply parroting new federal regulations.  If that was the case, why does Oregon need to repeat federal law in state law?  The federal regulation has since been declared unconstitutional by a federal judge and is on hold, but it is now the law in Oregon.  This is what happens when you “compromise” with liberal legislators.  Passing the law does nothing for public safety since it was already on the books.  It was virtue signaling, pure and simple, and was held over the heads of weak politicians.  Some have said that the value of a firearm serial number for solving crime is as valuable as a chalk outline on the sidewalk.

Republican House members stood on the steps of the Capitol and held a fake cardboard check for $25,000, saying it was for a lawsuit against the bill.  Repeated emails to both House Reps Breese-Iverson and Helfrich to find out how far they’ve gone with the lawsuit have gone unanswered.  We expect better from the people we hired to represent us, and they should know that they are causing their loyalty to “we the people“ to be questioned.  They need to be held accountable if they want our support for re-election.  Call and write them, let them know that Oregonians deserve better.

Jeff Helfrich 503-986-1452
Rep.JeffHelfrich@oregonlegislature.gov

Vikki Breese Iverson 503-986-1459

Rep.ShellyBoshartDavis@oregonlegislature.gov

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

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.

07.26.2023

With Oregon’s Legislature out of session and the first step in our Federal lawsuit to stop Ballot Measure 114 behind us, things may seem a bit “quiet” on the gun rights front.

But like so much in life, things are boiling beneath the surface.

As has been heavily, if badly, reported, Judge Karin Immergut ruled that Measure 114 is, in fact, constitutional and the state of Oregon can ban virtually all firearms magazines and prosecute anyone who bought or sold one since December of last year.

During the trial, Immergut seemed both surprised and confused to learn that the ban was not limited to standard capacity magazines, but in fact any magazine with a removable floor plate.

She nonetheless concluded that the act of removing a floor plate and replacing it with an extension was sufficiently complicated that it did not meet the definition of “readily convertible.”

Given the Biden and ATF’s contention that a block of metal or polymer was so easily convertible into a working firearm that it was in fact a working firearm,  Immergut’s conclusion borders on the delusional.

But Immergut did not stop there.  She also concluded that Measure 114’s “permit to purchase” scheme was constitutional.  In her decision she compared it to laws about permits to carry firearms concealed and concluded that the requirements under 114 were similar and therefor constitutional.

What made this conclusion almost surreal was the fact that Immergut was informed by witnesses at the trial that the permit scheme was impossible to comply with.  This was not in dispute.

Sheriffs testified that they had neither the manpower nor the facilities to provide the required “live fire” training. No one from any police agency testified that they could. In fact, many police agencies, especially in rural areas, have no facilities for their own personnel to train. Some sheriffs have so little manpower that they are months behind in issuing concealed handgun licenses that require nothing more than a certificate from an approved class to issue. Those classes do not require live fire.

The measure’s requirements that students be taught about state and federal law and suicide prevention also dramatically limit who is qualified to teach the classes, which can only be taught by police.

But beyond all those obstacles, Immergut was reminded that the measure requires FBI fingerprint checks. It’s not an option. It’s the law. Period, full stop.  However, as you know, the FBI has flat out said they will not do it.

Sheriff Brad Lohrey made this point in the trial. It was not confusing, it was not ambiguous. It was something even a far left Judge from Brooklyn could understand.

As attorney Matt Rowen pointed out, the government cannot require you to jump through hoops and then refuse to provide any hoops.

But in spite of this, Immergut decided that, in fact, the Founders of our country, who created the most well crafted constitution in the history of the world, would have approved of a restriction on a basic human right that was impossible to comply with. 

To make matters even more obviously partisan, Immergut declared that the whole permit issue was not really one she needed to deal with in any depth because no one had been denied a permit and therefore it was not “ripe” for her court.

The absurdity of this “reasoning” is obvious.  Should Measure 114 go into effect, it will become impossible to lawfully purchase a firearm in this state. Countless businesses will be forced to close down and no one will have the means to acquire the very tools that are undeniably protected by the Second Amendment.

The right to “keep and bear” something by its very nature requires the ability to acquire that thing. Once that ability is outlawed, the right no longer exists.  The only people who refuse to understand this are state lawyers and Federal Judges.

For an excellent and in-depth dissection of what was so obviously wrong with Immergut’s decision, see this article by Stephen Halbrook.

While Oregonians have been given some breathing room as a result of the injunction from a state court in Harney County, that battle is confined to Measure 114’s conflicts with the Oregon Constitution. If, as we expect, the judge rules in favor of gun rights after that trial in September, Attorney General Ellen Rosenblum will use your tax dollars to appeal it immediately to the Oregon Appeals Court.

A review of the bio’s of the Oregon Appeals Court will not give you much reason to expect a favorable outcome there. As you know, one of the Judges, Jim Egan, has declared gun owners to be racist, white supremacist, anti-semites.

Of course, the show trial in Immergut’s court was only the first stop in this fight. The next step will be the coming appeals.

It is both immoral and offensive that the people of this state (and country) are forced to pay enormous legal fees to protect rights that the US Supreme Court has already declared to be unconditionally protected under our Constitution. It is even more offensive when we are also forced to pay for the endless supply of state lawyers who are working overtime to eradicate those rights at the whim of a far left, partisan, Attorney General.  But those are the cards we have been dealt.  The outcome of these appeals will impact the entire country as other courts will, no doubt, use Immergut’s clearly wrong decision as they too, attempt to eliminate the Second Amendment.

We are grateful for the generous support we have received by patriots across the state and country but the fight is far from over.

The other looming battle will be the fight over the indisputably unconstitutional HB 2005.

2005 bans privately made firearms in Oregon. It also bans things that might one day become parts of firearms.  While heavily modified from its original version, 2005 still contains a confusing collection of definitions and terms that will no doubt be used to entrap as many Oregon gun owners as possible, and that was always the point. 

But what is really important are the recent decisions by courts that will profoundly affect this law’s implementation.

The bill uses a recent Federal definition to determine what a “frame or receiver” is:

“Frame” has the meaning given that term in 27 C.F.R. 478.12.

“Receiver” has the meaning given that term in 27 C.F.R. 478.12.

But a Federal Court just threw out those definitions ruling that the ATF exceeded its authority to just invent new meanings for things without congressional input.  We have seen the ATF do this before, most recently with Trump’s ban on “bump stocks” and Biden’s ban on pistol braces.

A politician wants to score points and the ATF lapdogs redefine words so they can arrest people for doing things ATF specifically said were legal.

But not this time.  Not only did the court in Texas tell the ATF they went too far, they also denied the ATF’s attempt to stay the court’s ruling.

This makes 2005’s future murky at best.  After using the federal definition for “firearm,” 2005 goes on to create its own definition for “unfinished frame or receiver.” 

(18)(a) “Unfinished frame or receiver” means a forging, casting, printing, extrusion, machined body or similar item that: (A) Is designed to or may readily be completed, assembled or otherwise converted to function as a frame or receiver; or (B) Is marketed or sold to the public to be completed, assembled or otherwise converted to function as a frame or receiver

But given that the definition for “frame” or “receiver” has to be considered when deciding what an “unfinished” frame or receiver is,  and given that the state did not define what they mean by “ may readily be completed, assembled or otherwise converted to function as a frame or receiver;” the actual meaning of 2005 becomes anyone’s guess. Which means if you get prosecuted under the law, the courts are going to decide. And the courts in Oregon are no place for gun owners.

Courts have already ruled that it is unconstitutional to require serial numbers on firearms. The legislature knew this when they passed HB 2005.

As noted, the courts have also thrown out the ATF’s new definitions of firearms and frames and receivers. So HB 2005 has got to go.

We want to remind you that the only reason 2005 is law is because the Oregon Republicans allowed it become law.  Enough Republicans in the Senate showed up to allow it to pass and then the House Republicans, who risked NOTHING by walking out, showed up in sufficient numbers to allow this atrocious bill to pass. It was, in the end, the House Republicans who are responsible for this bill.

So let us not forget that the House Republicans, under the “leadership” of Vikki Iverson promised to sue to block HB 2005 in court.

With all we have asked from you to support the very expensive battle against Measure 114, and all it will cost going forward, we cannot expect you to shoulder the burden of paying to challenge HB 2005. The House Republicans are the reason the bill passed. The House Republicans promised to challenge it in court.  The recent judicial decisions have given Iverson and the House Republicans a clear path forward.

Don’t let them dump this one on you.

 

Contact Iverson and tell her you expect her to keep her promise.

 

Representative Vikki Breese Iverson

Republican – District 59 – Prineville

Capitol Phone: 503-986-1459
Email: Rep.vikkibreeseiverson@oregonlegislature.gov
Website: https://www.oregonlegislature.gov/breese-iverson

Support the fight.

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…our lives, our fortunes and our sacred honor

 

Independence Day 2023

On this distinctly American holiday, Oregon Firearms wishes you and yours a safe and blessed day of celebration.

America’s history is littered with malevolent acts by evil doers, but no other country has ever come close to the unimaginable accomplishments that freedom allows.

We have no illusions that our freedoms are safe. In fact, many are already gone, but for some the spirit that filled our founders and guided them to rebel against tyranny is still strong.

It has been said there are no lost causes because there are no “won” causes.  And the battle for our liberty is not a race with a finish line. Long after we are gone our children’s children will be facing the same threats. It’s true what we were told about eternal vigilance.

So, on this greatest holiday of patriots and rebels, an update is in order.

Many have been asking about the outcome of our Federal trial to stop the clearly unconstitutional and patently evil Measure 114.  As of right now, we still have no decision from the Judge and no word on when there might be one.

For us, of course, a decision should be easy.  There is no historical  precedent for limiting the number of bullets a person may carry with them for self defense.  The very notion is absurd. Equally absurd is a law requiring that you ask for permission to exercise a fundamental, individual, right especially when, as we have proven, that law is impossible to comply with.

So this case should be a slam dunk.  But that’s not how things work in modern America.  A simple reading of the Constitution should settle the matter, but the “justice” system is political first and foremost and everybody has an agenda.

For now Mz 114 is still enjoined by the State Court decision in Harney County and will remain that way until the trial in September. No matter how either of these trials ends, you can rest assured there will be appeals. Expect this insanity to drag on.

The founders would be horrified.

The most embarrassing legislative session in Oregon history wound up with the Republicans, who had complete control over the agenda, folding up and giving the Democrats free rein to pass everything they wanted. And they did.

The mudslide of far left fantasy bills that the Republicans allowed to become law will create endless damage and chaos for generations to come.  It sometimes seems that the Republicans cannot wait to commit political suicide and are determined to take you along for the ride to hell.  They caved after  assuring that their best people will be prevented from serving in office in the future.  What they got in return was a laughable and transparent rewording of bills where the Democrats got almost everything they wanted.

One Republican House Rep responded to a question about whether she would walk out with this:

“…what do you have to lose? My answer? Relationships. I have spent every day in this building trying to build relationships with those across the aisle. For them to know that we love people too, that we care, that we are not the horrible haters they make us out to be- and by walking- I would absolutely compromise those relationships by walking out.”

It is this kind of preemptive capitulation that is causing our rights to evaporate.

There are however, a few bright spots. House Bill 2005 started life as an omnibus anti-gun bill. It was a Demanding Mom’s wish list come true.

One of the elements of the original bill was a ban on personally made firearms.  The original language was crafted so incompetently that it actually wound up banning parts that have never been regulated and ignored the parts the anti-rights crowd thought they were banning.

Because people like you relentlessly reminded the know-nothings in the legislature that this would actually outlaw countless thousands of legally owned firearms they changed the definition of the banned parts to “ the meaning given that term in 27 C.F.R. 478.12.”

So they changed Oregon’s definitions to align with the Federal definition. But as you know, just a few days ago a Federal Court tossed out the ATF’s rules on what frames and receivers are, ruling that the ATF overstepped its authority and has no legal right to regulate things Congress never said they could.

The Court said that while Congress gave ATF the power to regulate “frames and receivers” it did not give them the power to constantly redefine what those terms mean simply to please Joe Biden and entrap gun owners.

Other Courts have already found that requiring serial numbers on firearms is unconstitutional.

In its final form, HB 2005 only banned privately made firearms. The rest of the offending language was removed. So it would certainly appear that 2005 will be rendered meaningless.  Should the Governor sign it (she has not as of this posting), there may still be some attempts to prosecute gun owners for possession of personally made firearms, but the state is going to have a hell of a mess on their hands trying to make a case. All other anti-gun bills died. *UPDATE FROM EMAIL ALERT. This was inaccurate. HB 2572, the awful “paramilitary” bill did pass. We regret the omission.

On another note, if you were not already aware, there are several injunctions against the enforcement of the Federal pistol brace ban. However, those injunctions are not universal.  But members of the Second Amendment Foundation and Firearms Policy Coalition are included in the protected classes. For a very small donation you can become members of both and be protected from prosecution for pistol brace possession.

It’s cheap insurance and you would be joining two organizations that are fighting for your rights.  Gun Owners of America members appear to also be included but there is some uncertainty if new members would be protected or only those who were already members when their injunction was granted.  But GOA is a great no compromise organization so you would do well to join them too if you are not already a member.

While we await the outcome of the Federal trial we want to thank you again for your support and activism and wish you a proud Independence Day.

You can help us in these battles here:

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