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Lawsuit and Legislative Update

1.30.2023

 

The Oregon Legislative session is rolling on. We are now monitoring about 25 bills that would affect gun owners.

As always, the Democrats are hard at work attempting to enable violent criminals and endanger law abiding Oregonians.

As an added bonus they are working to pass legislation to allow criminals to vote FROM JAIL.

Now, you don’t suppose the truly captive audience in lock up might get some “assistance” filling out their ballots, be offered incentives to vote a certain way, or trade ballots for extra meals or privileges do you?

Oregon’s cartel media is busy spreading stories that are either misleading or patently false about OFF.  What is now published or broadcast in “mainstream” “news” sources is often comically and obviously fake, yet the hacks who churn out this garbage will never miss an opportunity to post nonsense if they think it can demean the people they hate. Like hunters for example. Of course, then it’s up to you to go seek out the truth.

The people in charge are corrupt or blatantly partisan.

These battles are not about differences of ideology, they are about facts versus lies, about freedom and integrity versus corruption and tyranny.

As you can imagine, We have a lot of work to do.

First an update on the lawsuit against Measure 114.

As you know, in a case brought by Gun Owners of America, a state judge in Harney County put a hold on all of measure 114. So, none of it is legally in effect.

However, the promoters of the measure have managed to do much of the damage they were hoping for anyway.

There are still tens of thousands of law abiding Oregonians being denied their rights and property because the “Firearms Instant Check System”, run by the Oregon State Police under the direction of the Oregon Governor, is in chaos.

While some transfers are taking place many thousands are in limbo waiting for a resolution.

If the OSP takes more than 30 days to issue an approval, the buyer is back to square one and the background check has to be done again. And again the buyer is stuck in a Soviet like experience simply trying to exercise a right.

Many distributors are refusing to ship products to Oregon because of their concerns about Mz 114, and, as you know, Oregon’s Attorney General, an anti-rights extremest has asked the Oregon Supreme Court to overrule the Harney Judge’s decision.  The Court could issue a decision on that at any time.

Meanwhile our Federal lawsuit is moving forward at the glacial pace they all do.

The Judge in the Federal case refused to put a hold on Mz 114 except for the permit to purchase part, which the state was forced to admit  (as we all knew) was impossible to implement.

But even that hold is temporary.  However, the judge did offer to skip a hearing on a preliminary injunction and go directly to a trial on whether 114 is Constitutional.  She noted that the measure is on hold as a result of the state injunction.

This was not a deal the lawyers in our combined cases agreed to. Clearly, the state hold could disappear tomorrow if the Democrats who are in charge have their way and then countless Oregonians and gun dealers would be shafted.

So the next step in the Federal case will be a hearing on a preliminary injunction in Federal Court.

Don’t feel lonely if you’re confused. That hearing is scheduled for late February.

There is no timetable for when the hearing to determine whether the law is constitutional or not would happen. These cases can drag on for insane amounts of time. We are very grateful for your continued support in this very expensive battle.

And of course, there are other cases winding their way through the courts that could impact ours and the actions of our own legislature could change everything.

Senator Floyd Prozanski, who worked side by side with Ginny Burdick for years to strip Oregonians of their rights is carrying on her work after she left for a better paying government gig.

Floyd has announced his intentions to implement Mz. 114.  He can use any one of many anti-gun bills (or even some “pro-gun” bills) as a vehicle for this, but there are some that were clearly introduced as “place holders” to be gut and stuffed later. HB 2373 looks like a prime candidate.

As we have pointed out, the Democrats have the usual collection of anti-gun bills including one to make gun owners criminals if they come to a rally near the Capitol while lawfully armed. In fact, if the Democrats have their way, concealed handgun license holders could be arrested merely for driving past the Capitol if in possession of a firearm. But not only the Capitol. Gun owners could be breaking the law simply because they were too close to any government building. SB 686. 

If the Democrats are successful, picking up a family member at the airport while armed would get you a year in jail. Think about that.

So, given the fact that the Democrats have not only a burning desire to attack law abiding Oregonians, but they also have a majority of both Houses, the Governor’s Office, the Secretary of State’s Office and the Attorney Generals Office, what options do gun owners have to hang onto their rights, property and freedom in Oregon?

Well even though Oregon Republicans gave up their right to walk out without a whimper, they still have a card to play should they break with recent practice and grow a spine.

Democrats no longer have a “super majority.”  They cannot pass new taxes without Republican votes. And the Democrats are salivating to pass even more taxes to soak Oregonians to pay for new programs to address the massive problems they created with their previous programs.

Our new governor is already talking about spending MILLIONS on more failed policies to address the homeless crisis Democrats created. And since Oregonians voted for guaranteed “appropriate” health care for ALL with no plan for who was going to pay for it, you can rest assured that Kotek and the other leftists will be doing all they can to fund this boondoggle with more of your money.

But, they cannot do it without the Republicans helping them.

That means, quite simply, that Republicans have the power to put a stop to all anti-gun legislation if they dig in their heels, show some courage and refuse to go along with the Democrats tax madness if the Democrats insist on screwing Oregon gun owners.

This power is now in the hands of the Republican Senate Leader, Tim Knopp, and the Republican House Leader, Vikki Iverson.

Knopp is already saying he plans to stand up to the Democrats.  But remember, Knopp was the ONLY Republican Senator who refused to walk out when the Republicans, under Herman Baertshieger, walked out and controlled the agenda.  Knopp stayed behind with the Democrats.

Iverson’s husband attacked OFF in an email to candidates in the last election saying OFF was a “fringe group” and failing to mention the thousands of dollars our PAC gave to Republican candidates in the previous election. (Hilariously, Iverson sent a letter to OFFPAC after her husband attacked us… asking for money.) So the new Republican “leadership” has a way to go before we’ll assume they actually will stand up. But the point is, they CAN. And they must.

Knopp and Iverson are the only thing standing in the way of the Democrat’s plans to steamroll Oregon gun owners. We have to hold them to it.

Knopp and Iverson were not elected by anti-gunners. Both have said they will stand up for gun rights.

Please keep their contact information. The ball is in their court. We are looking forward to reporting that they did the right thing for gun owners and all Oregonians.

Senator Tim Knopp

Representative Vikkie Breese Iverson

One more thing.  Many of you have supported us through the charitable donations policies of Fred Meyer and Amazon Smile. While the Fred Meyer program is still functioning, Amazon has terminated its charitable donation program and no longer makes donations to non profit organizations when you purchase through them.

You can support our efforts to protect gun rights here.  https://oregonfirearms.ejoinme.org/MyPages/DonationPage/tabid/70447/Default.aspx

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Pistol Braces, Forbidden Places, Supreme Court Cases

Pistol Braces, Forbidden Places, Supreme Court Cases
01.14.2023

 

 

THE OREGON LEGISLATURE’S ANNUAL ATTACK ON GUN RIGHTS BEGINS ON TUESDAY JANUARY 17TH

The ATF bans pistol braces, the DOJ demands that magazines be banned, and Oregon Democrats want you to go to jail for being NEAR any government building.

There is a lot going on.

First, as you know, a judge in Harney County has put a hold on all of the clearly unconstitutional Measure 114.  So, to no one’s surprise, the Oregon Department of “Justice” has requested that the Oregon Supreme Court overrule that decision and immediately ban standard ammo feeding devices and eliminate the one safeguard against abuse by the State Police when they refuse to complete background checks.

The DOJ wants to criminalize the most common ammo magazines in the country while allowing “instant” background checks to take literally… forever. That means that while you are forced to beg for permission to exercise a Constitutional right, the Oregon State Police will have the right to deny you for as long as they want. Even if that means until the end of time.

Testimony in the state court case from a former employee of the OSP Firearms Instant Check System, made public what gun owners have known for a long time. It is the mission of the FICs unit to delay or deny as many firearm’s purchases as possible. Let us not forget who the OSP works for. (Hint, it ain’t you.)

The Oregon Department of “Justice”, under the control of a rabidly anti-rights Attorney General,  also wants to compel you to get a permit simply to ask to buy a firearm and pay hefty fees for the privilege, but has kindly offered to delay that unconstitutional demand having been forced to admit there is no program in place to even get such a permit.

Meanwhile, in OFF’s Federal case, the Trump appointed judge who ruled that 114 could go into effect (with a short delay for the non existent permitting system) asked the plaintiffs (meaning us) if we would be willing to forgo a trial on a preliminary injunction there, citing the state injunction as a reason.

Of course that would mean if the State prevailed in its efforts to overturn the Harney County Judge, gun owners and gun dealers would be totally screwed for possibly years as this mess winds through the courts. And of course, that was always the point of Measure 114 and its well funded sponsors, “Lift Every Voice.”

“Lift Every Voice” is asking its supporters to lean on the legislature to ram through implementation of 114 and, of course, Democrats have announced their plans to do just that.

Far left Senator Floyd Prozanski has already noted his intentions to enforce it even though it is currently on ice. (By the way, “LEVO” has also announced that it plans another ballot measure to ban all modern firearms. No doubt they will once again get millions in donations from groups like the ACLU and the national and state teacher’s unions.)

The Oregon Democrats also have quite a few other attacks on your gun rights in the works. Not satisfied to ban CHL holders from schools, the Portland Airport, and the Capitol Building, the Democrats now plan to arrest you if you go NEAR any of those places with a firearmThis means NO firearms at any rallies NEAR the Capitol and you could go to jail just by driving past the Capitol Building.

But wait, there’s more. They want to expand that prohibition to ALL buildings that are paid for with YOUR tax dollars.  That means that when you leave your house, should you even go CLOSE to any “municipal” building and you are lawfully armed, you get to spend a year in jail. For people who live anywhere close to a city or town that basically means you better not leave your house. 

Given the astronomical increase in violent crime under the Democrats, and the risk you take walking or driving anywhere in Portland or other cities, the Democrat’s agenda cannot be disguised. CHL holders are not now and have never been a problem.  These policies are driven by unbridled hatred and bigotry and have nothing to do with public safety.

On another note, the ATF has released its new rules on “pistol braces.” While the regulations  are, as usual, incomprehensible, the short version is if you own any of these devices that ATF has for years said are perfectly legal, you now face prison time if you do not turn them in or register the guns they are on as restricted NFA items.

Given the recent ruling from the 5th Circuit  that the ATF’s rules on bump stocks greatly overstepped their authority, it’s a safe bet that the courts will strike this lunacy down too. But of course, that will require vast expenditures by gun owners on legal fees.

Keep in mind, there is exactly NO legal liability when legislators draft laws they know are unconstitutional. Just as there is no liability when the ATF does it. And there is NO legal or fiscal liability when bigot organizations with millions in funding from out of state leftists pass unconstitutional ballot measures.

Gun owners face attacks on many fronts right now. And they all have one thing in common. They are insanely expensive for us and don’t cost the other side a dime.

The Oregon Republicans have demonstrated a startling refusal to fight in past sessions.  But they still have a few tools if they have the courage to use them.

The Senate Republicans are led by Tim Knopp. You will recall that Knopp refused to walk out when the other Republicans did a few years ago. Knopp’s actions were appreciated by the Democrats who were trying to pass dangerous gun control then.

The House Republicans are led by Vikki Breeze Iverson whose husband attacked Oregon Firearms Federation even while Vicki was asking us for donations.

This is not positive news. But the reality is, those two have the ability to stand up for gun owners and they need to hear from you. Please remind them who placed them in office. It was NOT gun grabbing Democrats.

And please support our efforts. Federal lawsuits are insanely expensive and the legal bills keep coming it.  Only your support keeps us in this fight. 

You can donate here.   

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

For more information please see this link.

https://www.oregonfirearms.org/join-support-off

Thank you.

 

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A Storm Is Brewing

A Storm Is Brewing

 

01.09.2023

Today Tina Kotek was sworn in as Oregon’s Governor.

Kotek is a radical, anti-gun extremist, as was her predecessor. But Kotek is well known for being far more vindictive and willing to crush anyone who stands in her way.

You can ask any of the Democrat House Reps who have felt her wrath.

She has already begun touring the state, but much like Joe Biden, she carefully avoids contact with those who don’t march in lockstep with her agenda. Just ask the Yamhill County Commissioners who were pointedly not invited to meet with Kotek when she visited there recently.

Kotek was a vocal cheerleader for Measure 114 while running for office and you can bet that forcing that unconstitutional scheme down our throats will be job one, well ahead of anything she is promising.

A newsletter from anti-rights Senator Floyd Prozanski today announced that implementation of 114 is one of his priorities as well. And the State has already advised that it will be seeking to appeal the hold on 114 that is in place at the moment as a result of the actions of a Judge in Harney County.

Numerous anti-gun bills are already drafted and ready to move through the system.  You can view all the bills currently available at this link Oregon Legislative Information System (oregonlegislature.gov)

In the upper right hand corner you can click on “Bills” and enter the search term of your choice. Try “firearms” and “handgun.”

There are a number of “pro-gun” bills there that have been introduced by Republicans that have essentially zero chance of passing. However since they have the relating clause “Relating to Firearms” the Democrats can give them hearings, and then take no action on them but later “gut and stuff” them with anti-gun language. A procedure you would think the sponsors would have given some thought to. But… they did not. One more gift elected Republicans handed to the gun grabbers.

There are bills to further restrict CHL’s and at least two bills to ban possession of home made firearms or parts that may one day become firearms. There are no exceptions for firearms you have already lawfully constructed. The second bill can be viewed here.

There is a bill that clearly was intended to intimidate protesting gun owners but could be used against antifa rioters if they were ever arrested and prosecuted. (We know….)

We are just getting started so expect plenty more bad news.

The Republicans no longer have the option of walking out to protect your rights.  Under the failed “leadership” of Christine Drazan and Fred Girod they refused to even consider that, claiming if they did, there could be a ballot measure to forbid walk outs. And as we know, there was anyway. And the Republicans did not bother to post one single argument against that very dangerous measure. So now, in the unlikely event they ever had real leadership, that tool is no longer available.

They do have the power to block the tax increases that the Democrats will be presenting. So in theory they have a bargaining chip. Will they use it? That is extremely doubtful.

The Legislature convenes on January 17th.  Gun owners will not only have to battle these attacks in court (Measure 114) but also in Salem. It’s going to be a rocky ride.

On a somewhat positive note, we are slowly catching up here. Today we were able to ship out the next batch of hats and patches that were overdue to new members.  That entire supply was gone in a flash and the next batch will go out the minute we get them. We have to send a huge shout out and thank you to our friends at Fishead Custom Printing who did an amazing job rushing through the last batch of really nicely done hats. We appreciate their support.

The gun grabbers are losing in court after court. But they have the ability to keep ramming through unconstitutional bills knowing it costs them nothing.

We are in unsettled time for gun owners.  We thank you for you continued support. Buckle up. A storm is brewing.

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THREE DAY SAFEGUARD PROTECTED

THREE DAY SAFEGUARD PROTECTED

01.03.2023

Today, Judge Robert  Raschio in Harney County issued his decision on the state’s efforts to eliminate the 3 day safeguard rule.

As you know, both state and federal law have safeguards built in to allow the transfer of a firearm to take place when the background check system fails.

And the background check system in Oregon is in near total collapse.

While some people are  having firearms they purchased transferred, thousands upon thousands are still in legal limbo unable to take possession of the property they paid for and are legally entitled to.

Under Measure 114, that safeguard would be eliminated and law abiding people who are victims of the failed background check system could wait literally forever to take possession of the firearms they had already paid for. As you would imagine, “reporters” for the cartel media insist on referring to this safeguard as a “loophole” and never miss an opportunity  to note “That’s how the gunman in the 2015 Charleston, South Carolina, mass shooting bought his gun and killed nine people at a church.”

Of course, if those same “reporters” were not really lazy, they would actually research that incident and report the facts that demonstrate that nothing in MZ 114 would have prevented those killings. But let’s face it, they are not paid to report the truth, just whatever propaganda they are directed to produce that day.

Dealers are informing us that many, many, people who are eventually “approved” only receive the approvals after more than 30 days, meaning they have to start the entire process all over again.

The State of Oregon had requested that this misuse of power be given the state’s blessing, guaranteeing that countless Oregonians would be denied their rights indefinitely.

Judge Raschio said “no”.

This is good news. That means that, for now, ALL of Mz 114 is on hold.

So, what’s next?

It’s extremely likely that the state, under the direction of a militantly anti-gun Attorney General, will appeal Raschio’s rulings. AG Ellen Rosenblum has made it clear that she has no interest whatsoever in whether MZ 114 is constitutional. If there is a way to deny people’s 2nd Amendment rights, she is going to attempt it.

As soon as Raschio issued his initial emergency rulings placing 114 on hold, Rosenblum went directly to the Supreme Court of Oregon demanding that he be overruled. The Court declined.

Now with this most recent decision it seems likely the State will try again, maybe at the Appeals Court.

Another great unknown is what will happen when the legislature convenes on Jan. 17th.  It’s a safe bet that there will be legislation introduced to “fix” MZ 114, which in the case of the Oregon Legislature, means “make it worse.”  And when that happens it could have a profound effect on the lawsuits against 114.

Remember, the Harney County case was a state based lawsuit by Gun Owners of America. OFF’s lawsuit in federal court has now been consolidated with the other three lawsuits that were brought. That case is still going on.

The benefit of the consolidation of the cases is that some of the best legal minds, and biggest pro-gun organizations in America, are working together to protect your rights.

But the great unknown is what happens to those cases if the legislature changes the law? Will the Democrats time any changes to assure the most costly outcome for gun owners? Probably. Remember, gun owners are not only paying the lawyers who are defending their rights, they are, whether they like it or not, paying the lawyers who are working to destroy those rights. And of course, the frauds who created MZ 114, “Lift Every Voice” don’t have a dime of legal bills. And they are working on future anti-gun ballot measures knowing they can create another mess and others will have to clean it up.

For all our new supporters, we want to extend our thanks and let you know that little by little we are working through the backlog and supply chain issues that have kept us from sending the hats and patches that we send new donors.  We did finally get a resupply of patches and many have gone out. We hope to have more hats soon. So, thank you for your patience and support.

Today’s decision is very good news. The days ahead will tell what the state plans to do to reverse that good news but for now we have another victory for gun owners and common sense.  But the federal case is continuing and the legal bills are larger than anything OFF has ever faced before.

If you can help support this fight, we (and gun owners in Oregon and nationwide) express our gratitude.  Any amount helps.

Please use this link and pick “Oregon Firearms Educational Foundation” from the Donation Category drop down menu. Donations to OFEF are tax deductible and every penny is crucial.  Thank you.

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

Link to today’s decision:

https://www.documentcloud.org/documents/23561051-raschiomaintainstrobackgroundchecks

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Judge Hears The State’s Request For Endless Delays.

12.23.2022

Today in Harney County the state requested that the Judge ignore the thousands of people waiting to take possession of the firearms they have already paid for and eliminate the one safeguard they have to obtain them.

Firearm’s dealers have the right, although not the obligation, to transfer firearms to people who have not had their background checks completed, as long as three business days have “transpired.”

In the past, few dealers would do this, but now as the state continues to simply not do its job, more and more dealers are allowing the transfers.

The Oregon Department of Justice wants to end this safeguard so they can prevent thousands of people from legally acquiring the firearms they have already purchased.

The Harney County Judge had placed an injunction against the magazine ban and the permit to purchase that were parts of Measure 114. But Measure 114 also contained a provision to eliminate the 3 day safeguard, falsely calling it a “loophole.”  (Apparently any policy that actually allows law abiding Oregonians to legally obtain firearms is a “loophole.”)

The state took the position that since we have had background checks for a long time, it was perfectly reasonable to defend a system that allowed that check to literally take forever. As if refusing to complete the background check was not an actual infringement on the right to keep and bear arms.

It was a preposterous proposition and the kind we have come to expect from Oregon’s gun hating Department of Justice.

Clearly any background check that has no time limit on its completion is a potential bar on the purchase of a gun.  As many thousands of Oregonians have learned in recent months, the State Police simply cannot fulfill the duties assigned to them by Oregon law.

While some people are getting quick approvals, many thousands of qualified buyers are sitting in limbo waiting for the state to do its job and complete the “instant” background check that is taking, in some cases, years.

No matter how you look at it, this is blatantly unconstitutional. But, the elimination of the private purchase of firearms was always the goal of “Lift Every Voice.”  And in thousands upon thousands of cases, Lift Every Voice has succeeded.

Some of the people who are being prevented from getting the guns they are legally entitled to, and have paid for, are at great risk because LEVO and the State of Oregon have prevented them from having the means to protect themselves.  Any harm these people suffer is on the hands of the duplicitous frauds at LEVO and the state.

And, of course, unlike gun owners who have to pay for the lawyers who are working to protect their rights AND pay for the state’s lawyers who are trying to take them away, Lift Every Voice has not a dime of legal bills to pay for the mess they have created.

The Judge has announced that he will have a decision on the three day rule and the state’s efforts to demolish it by January 3rd. As of now that one small safeguard is still law.

We are hoping for a positive outcome and we’ll report it as soon as it is available.

Meanwhile, we wish you a peaceful and joyous Christmas and, once again, thank all our new supporters for their patience as we work to catch up on the unprecedented responses we have received.

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Mag Ban On Ice

JUDGE PUTS MAG BAN ON ICE

12.15.2022

Today a Judge in Harney County issued a preliminary injunction against the magazine ban in Measure 114.

In a previous hearing on Dec 13th the court  put a hold on the “permit to purchase” portion of the bill and promised a ruling on the mag ban by tomorrow, Dec 16th.

The ruling came today and means that for now, your standard capacity magazines are safe.

There will still have to be a complete trial on the constitutionality of the measure, but at the moment the permit to purchase and the ban on standard magazines will not be allowed to go into effect.

The Court has granted a hearing on December 23 for the state to explain why the safeguard which allows the transfer of a firearm after three business days (if the Oregon State Police do not complete a background check or issue a denial) should be removed.

Considering  the vast number of people who are currently being denied the ability to take possession of the firearms they have paid for, as a result of the OSP’s inaction on background checks, this should be a tough hill to climb for the state lawyers.

The battle continues both in this statewide case that Gun Owners of America has brought and the four other cases that are in Federal Court. But this is more good news and another win for GOA.

 

 

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114 Still On Hold

114  STILL ON HOLD

 

12.13.2022

Today’s hearing on Gun Owner’s of America’s suit against Measure 114 in Harney County keeps all aspects of the measure from going into effect, for now.

The Judge again ruled that the non-existent  “permit to purchase” scheme cannot be enforced because it’s essentially vaporware, even though the Oregon State Police have an “application” online and the Oregon Sheriff’s Association is offering an “online” class to get a permit.  (For $60.00, and you can throw in a few extra bucks and get a decal.)

The fact is, neither the application or the class mean anything since there is still no way to complete the live fire mandates of the measure. So, the mess created by Lift Every Voice Oregon continues to leech across the state like an overflowing septic tank.

Thousands of Oregonians remain in limbo unable to take possession of firearms they have paid for and the Oregon State Police can still not answer any questions about what happens next. (Go ahead, ask them a question…)

The magazine ban the state is salivating to impose is also still on hold. though the Harney County Judge did note today that he expects to have a decision about that by Friday.

In today’s lengthy hearing, the judge did not sound impressed by the State’s arguments and their star witness had to admit that the framers of the Oregon Constitution were aware of firearms which had a capacity of over ten rounds and never made any attempt to limit the number of rounds a person could have.

The state’s position that nothing is protected if it was not available in 1859 seemed especially comical to the many people who were watching the proceedings, and commenting, on their… computers.

While we are pleased that GOA’s suit has thrown sand in the gears of the state’s tyrannical and rabid effort to disarm the law abiding, the reality is that the “queue” of people waiting for their property is growing and barely moving.

Oregon is still a laughing stock for the rest of the country and regardless of the claims of the state, people’s rights are being denied right this minute.

The four federal suits (including ours) continue and the legal bills are still mounting.  We can still use all the help we can get. But for today, the point goes to Gun Owner’s of America for another win.

You can support our federal case here:

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

Donations to the Oregon Firearms Educational Foundation are tax deductible and every penny goes to the legal battle in Federal Court. Thank you.

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Whiplash

 

Whiplash

12.08.2022

If you are experiencing the symptoms of whiplash, you are not alone.

The saga of Measure 114 is moving so fast and taking so many unexpected turns that keeping up is nearly impossible, and, in fact, most in the media have not been able to.

As you know, last Friday a Federal Court in Portland held a hearing on our lawsuit against Measure 114.

At the same time a similar suit brought by Second Amendment Foundation and Firearms Policy Coalition was also heard.

Last Tuesday Judge Karin Immergut ruled that the measure could go into effect.

This meant that probably millions of standard magazines and countless shotguns would have become contraband today.

She also ruled that the arcane and unworkable “permit to purchase” scheme could go into effect although she gave the state a comical 30 days to get it up and running.

That was the bad news.

Just hours later a state court in Harney County, in a case brought by Gun Owners of America, reached the exact opposite conclusion and placed a temporary hold on the measure.

The anti-gun  “Department of Justice” immediately sought to overturn that ruling and went directly to Oregon’s Supreme Court with a request that the Harney County Judge be overruled and the temporary hold be removed so the measure could go into effect.  They said it was “a matter of life and death.”

Somehow, the state claimed, if Oregon continued to operate under rules and laws that had been in effect for decades, the streets would run red with blood.

The Oregon Supreme Court was not buying it and refused to overrule the Harney County Judge. This all happened with lightning speed.

A trial on a permanent injunction is scheduled for Dec. 13th in Harney County. While no one could have predicted any of this, we have reason to believe that it will go well. This is a link to the Harney Courthouse. https://www.courts.oregon.gov/courts/grant/Pages/default.aspx
We have been informed you can watch the hearing live using the webex link at 9AM. We have not tested this.

But, just as in our Federal case, there will still be a long way to go. It’s unlikely that we will get a final answer on whether 114 is constitutional for some time.

That is the case in both the pending State and Federal cases.  But for now, because of GOA’s suit, Measure 114 is NOT in effect.

Yesterday the Senate Judiciary Committee held a hearing on the implementation of Measure 114. It was invitation only, and while the State Police were invited, apparently the Sheriffs were not. Of course, while the State Police get to make the rules, it’s Sheriffs and local police who get this garbage can dumped in their laps for enforcement. No wonder they weren’t invited.

To no one’s surprise the hearing answered exactly no questions. The State Police did say that an application to get a “permit to purchase” would be available online today. And it is. But there was virtually no information on any of the many questions about how anyone could actually comply with this horrifically poorly written law.

The OSP could not say if all of the personal information required by the measure would be public. (The measure requires it.)

They could not say what would happen if a person pawned a gun before the measure went into effect and tried to retrieve it after the measure went into effect. Could the owner have the magazine as well as the gun?

They could not say what would happen to firearms sitting in police evidence rooms that had to be returned. Could those be returned with the magazines?

The OSP said they had no database set up to collect information but would do it “in an excel spreadsheet.”

Their website says:

(4) Permit agents may designate permit agent responsibilities only to other Oregon law enforcement agencies and only as follows:

(a) Local police chiefs may designate permit agent responsibilities to other local police chiefs or the Oregon Sheriff having jurisdiction over the residence of a person making an application for a permit to purchase; or

(b) An Oregon Sheriff may designate permit agent responsibilities to a local police chief having jurisdiction over the residence of a person making an application for a permit to purchase.

So the local cops can dump this in the sheriff’s lap and the sheriffs can dump it in the local cop’s lap. You can imagine how that would go.

The good news is this nightmare is on ice for the time being. That gives gun owners, and dealers, and Sheriffs a bit of breathing room, though the backlog of people waiting to take possession of things they paid for is still insane.  And of course, if it takes the OSP more than 30 days to issue an approval, even if one is given, the buyer goes right back in the queue of almost 40 THOUSAND people.

The bad news is we have a LONG way to go to drive the final stake in the heart of this monster.  If you can help with the skyrocketing legal bills, we would be very grateful.

Both OFF and OFEF are fighting this battle but all tax deductible contributions to OFEF, the Oregon Firearms Educational Foundation go to pay for the lawyers.

Please visit this link to help. And thank you.

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

For more information on donations to the separate organizations please visit this link:

https://www.oregonfirearms.org/join-support-off

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Things Change Fast

Things Change Fast


12.06.2022
As you know, this morning a Federal judge denied a restraining order on Measure 114 claiming that standard magazines are not protected, not often used in self defense, and are probably not constitutional.

Although we think her positions are 100% wrong, that will be an argument for another day.

While declaring that Measure 114 could go into effect, she also delayed the implementation of the “permit to purchase” part of the measure for 30 days.

The State had asked for 60 days, right after telling the court they would be ready to go by… Thursday.

Of course, it’s absurd to think this train wreck could be cleaned up and operational in 30 days. But that was apparently of no interest to the judge.

Her order would lead to crushing firearm’s retailers, endangering anyone with a standard magazine, and outlawing the sale of most shotguns while turning most existing shotguns into contraband (because their tubular mags are capable of holding more than 10 rounds.)

And the postponement of the permit process accomplished virtually nothing since all the other elements were still in place.

So thousands of Oregonians would still be denied the guns they paid for and have not gotten, the police would still be in an impossible situation, and gun owners with standard magazines still faced jail time.The measure is still a complete failure and Oregon gun owners were still facing an almost complete elimination of their rights.

Then, this afternoon, a county judge in Harney County changed everything by issuing his own temporary restraining order against the measure, putting it on hold.

We can thank Gun Owners of America for that as they were the only ones to file in state court. So while the Federal Judge did nothing to stop 114, an Oregon Judge did.

As you might expect, the State announced immediately that they would seek to undo the county judge’s ruling as quickly as they could. But for right now, 114 is on ice. Based on what we saw today, that could change any minute.

The Federal cases are still moving forward. The refusal of the judge in Federal Court to place a stay on the measure does not change the fact that it will be going to court to determine whether it is actually constitutional.  So that part is unchanged.

How all the cases in play, and the order from the County Judge, will determine the outcome remains to been seen.  We are, of course, deeply troubled by the ruling that came out of the Federal Court today. We are also grateful for the opposing ruling from the Harney County Judge this afternoon. But no matter what, there is a long way to go.

One more factor will be thrown into the mix. Tomorrow, a Senate Committee in Salem will be holding an “informational” hearing on the implementation of the measure. Even the extremists who promoted the measure have noted that it is such garbage that the legislature will have to clean it up. And we fully expect the legislature to make changes when they come back into session in January.  That could change everything.  But the one positive thing about that is when it gets into their hands, they will be accountable.

There is little anyone can do when a judge comes up with a dangerous and damaging order. But legislators have to answer to the voters and that gives us another chance to undo some of the damage “Lift Every Voice” did with their hateful measure.

You can watch the hearing live here at 8.30 Wednesday morning. (They are NOT taking public testimony.)

https://olis.oregonlegislature.gov/liz/mediaplayer?clientID=4879615486&eventID=2022121017

Here is information on the committee.

https://olis.oregonlegislature.gov/liz/2021I1/Committees/SJD110/Overview

No matter what else happens, be prepared to make your voices heard in the legislature.

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Another Head Fake From The Attorney General

12.05.2022

Late yesterday Oregon’s Attorney General sent a request to the Federal Judge in our lawsuit against the implementation of Ballot Measure 114.

In her letter she asked the judge to delay the permit portion of the measure for a short time.

While this was a tacit admission that her chief lawyer (who assured the Judge on Friday that the permit system would be operational by Dec 8th) was, at very best, transparently and comically deceitful, it does little to address the problem.

It is becoming abundantly clear to all that Measure 114 is little more than an overturned outhouse dumped in the laps of law enforcement by the bigots at “Lift Every Voice.”

However this request by the criminal protection syndicate that controls Oregon is not even a bandaid on the massive hemorrhaging the state is promoting.

The Attorney General is still demanding that all other elements of this dumpster fire go into effect on the 8th of December

As OFF’s lawyer Leonard Williamson has pointed out:

“The AG is mistaken in that Plaintiffs challenging the magazine ban are not affected by their request to postpone implementation of the permit to purchase system.  Presently OSP has 34,790 people waiting on the background check list waiting for a firearm, that they have already paid for, to clear the system.  Some % of those sales are firearms that included as part of the sale standard capacity magazines (large capacity) e.g., the Glock 19 comes with three 15 round mags).  Meaning if the ban on magazines takes effect on 12/8/22, and the permit system is suspended, the gun shop owners can not allow the customer to leave with their standard capacity magazines i.e., an unlawful government taking of property without due process.  Second, what the government is saying is that gun dealers may only sell guns with magazines that only hold ten rounds.  That is a very small group of firearms.”

It is absurd to assume gun dealers are going to remove the standard magazines that come with most modern firearms and dispose of them and hand their customers worthless firearms with no magazines.

And as we have repeatedly (and pointlessly) reminded the ventriloquist dummies in the cartel media, even if the court complies with the AG’s request, most shotguns will still be illegal to transfer (or take out of your home assembled if you already own them).

As you know, after the Department of Justice’s lead lawyer, Brian Marshall, insisted that a process would be in place to issue permits, the people who are tasked with actually doing it publicly announced that his announcement was purely fiction.

The Oregon Sheriff’s Association has made it clear that it is simply impossible to provide the mandated training which is required before a person may even APPLY for the fairy dust “permit.”  Imagine how much  worse it will be for small municipal police agencies.

Furthermore, a delay in the implementation of the arcane and onerous permit system does not address the backlog of over 30 thousand Oregonians who are being denied their rights even now.

What the criminal protection syndicate, and the cartel media, refuse to acknowledge is that if people who are waiting for background check approvals have to wait over 30 days ( a very common reality) an approval does not allow them to take possession of their property.  They must start the whole process all over again, complete new forms at the gun store and get back in line.  This could put people in an endless “Groundhogs Day” nightmare loop. And that does not even consider the fact that many people are actually moving backwards in the line as persons with concealed handgun licenses are put in the queue ahead of them. And since 114 eliminates the rule allowing for transfers after 3 days if the police don’t complete a background check or issue a denial, even that safeguard disappears.

We are eagerly awaiting a decision by the judge, which may come as early as today. But until then we have no illusions that the Attorney General is engaged in anything more than a head fake.

To add to the chaos, the Senate Judiciary Committee has scheduled a hearing on the implementation of 114 for Dec 7 at 8.30 AM. There is no telling what a Democrat controlled legislature will do to make this worse.

 

 

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The courtroom’s public gallery immediately erupted with laughter at Marshall’s pledge…

 

“The courtroom’s public gallery immediately erupted with laughter at Marshall’s pledge”

12.03.2022

The Oregonian, which regularly gets everything wrong, got one thing right in their article about yesterday’s hearing on our efforts to stop Measure 114.

The courtroom’s gallery did erupt with laughter.

Towards the end of the hearing, the State’s lawyer, Brian Marshall, told the judge that Oregonians would be able to apply for a permit to purchase by December 8th, when this deranged measure is due to take effect.

This is so patently absurd that it’s hard to respond seriously. 

More on that in a moment. But first, the “outcome”  of yesterday’s hearing.

Judge Karin Immuergut explained that this is a “very complex” case and promised a ruling by next Monday “Tuesday at the latest”.

So at the moment, we still have no resolution. But we hope that her intention to take some time with the facts will lead to a positive conclusion.

Meanwhile an update.

One of the first things the judge decided was that we would not be allowed to call any of the witnesses that were experienced with firearms both technically and in terms of their use in self defense. This removed the opportunity to allow the judge to learn about the real life and practical elements of firearm’s ownership.

It also eliminated testimony from people in the business of selling firearms who could have elaborated on the chaos that is the current system. That left us with only far more esoteric legal discussions that did not fully paint a picture of the damage this measure is doing even now.

Furthermore, OFF’s lawsuit is now one of 5 similar cases.  

A suit by the Second Amendment Foundation and Firearms Policy Coalition  was heard along with ours yesterday. While ours included an objection to the “permitting” system SAF/FPCs focused exclusively on the magazine ban.  And that element was the one that got the most attention at the trial.

Another suit has been filed by National Shooting Sports Federation. While their lawyer was at the hearing, their case was not part of yesterday’s proceedings and it’s unclear when they will get a chance to present  their very well crafted arguments.

Then, late yesterday, a fourth suit was filed on behalf of Sportsman’s Warehouse.  Finally a fifth lawsuit was filed in State Court by Gun Owners of America. Gun Owner’s had previously filed an amicus brief in support of OFF’s lawsuit.

How the introduction of these other suits this late in the game will effect the trajectory of this issue is not clear. We anticipate that at least some will be consolidated. Those details are being worked out.

While all have taken slightly different approaches, they all make the point that BM 114 is clearly and inarguably unconstitutional.

As noted, in spite of the dangers and importance of the proposed “permit-to-purchase,” the hearing focused largely on the magazine ban and, as you would expect, the state once again displayed migraine inducing ignorance.

They insisted that no one’s rights were being violated when they were forbidden from having a magazine that came, from the factory, with their firearm, because they were still allowed to have it in their home. This would be like telling someone who just bought a 100 acre plot that while they were forbidden from farming, logging, or living on it, they were still allowed to own it so their rights were not impacted.

Beyond that, they relied on fabricated statistics about the number of rounds fired in self defense situations claiming that the “average” was only 2.2, and therefore standard magazines were almost never used in self defense situations.

The absurdity of this is self evident. Putting aside the fact that this statistic is meaningless , (for example) the notion that because someone did not fire 11 or 12 rounds somehow means their magazine did not contain that many rounds is moronic.

Their further suggestion that standard capacity magazines are “dangerous  and unusual” begs several questions. What makes 11 rounds more dangerous and unusual than 10?  If the purported purpose is to stop mass shootings ( a ridiculous suggestion in the first place) what possible sense does it make to deny a good person the ability to respond to a criminal who can get all the standard magazines he wants on the black market or with a quick trip across state lines?

They also claim that magazines are not “arms” at all, only “components” of arms and are therefore not protected by the Second Amendment. But that makes as much sense as saying a trigger group or a rifle barrel is only a “component” of a firearm and therefore you have no protected right to own one.

Of course, they simultaneously claim that magazines are not “arms” at all while saying they are “dangerous and unusual arms”.

While the Oregon State Police have made the preposterous assertion that the permit system will be ready to go on December 8th, the people who have to actually administer it, the County Sheriffs, have said no such thing. In fact, the Sheriffs have said unequivocally that this is flat out false. While the State Police, under the direction of Kate Brown (no doubt with input from the new and even worse governor) are claiming they will have some kind of “application” ready on Dec 8th, there has not been a word about where people are supposed to take the non-existent and imaginary “classes” required before one can even apply.

Nothing was said about the fact that even now, before this garbage goes into effect, 40 thousand people are stuck in limbo, and perhaps an endless loop, trying to legally acquire a firearm. (Well nothing except that those people waiting in line are screwed come Dec 8th.) 

And while some gun stores are releasing guns without an approval after 3 days, as allowed by law, even that safeguard disappears at midnight Dec 7th.

Meanwhile the frauds who brought you this atrocity, “Lift Every Voice Oregon”, were in court in support of their efforts to make sure that countless businesses and their employees will be ruined and out of work just in time for Christmas. We expect them to be celebrating this in their “churches” for whatever holiday they actually have.

The landscape is changing rapidly. The introduction of these late lawsuits creates new challenges and new opportunities. But, as always, our first and most important goal has been to put this dangerous and mean spirited measure on ice until we can crush it completely.

We’ll share more as it becomes available. Thank you and thank you to the sheriffs who came from across the state to support our efforts yesterday.

Stay tuned.

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114 Goes To Court

12.01.2022

Tomorrow is the scheduled court date in our lawsuit to stop the implementation of Ballot Measure 114.

A lot has happened in the last 24 hours. Second Amendment Foundation, with Firearms Policy Coalition, has filed a second suit in Federal Court  and Gun Owners of America has filed a friend of the court brief in our case.

The SAF suit essentially mirrors all of the arguments and points we made about the impending magazine ban.  They do not discuss or argue the permit to purchase .

While it’s clear that we consider the magazine ban a significant problem with Ballot Measure 114, we strongly oppose the permit to purchase requirements as well. The amicus brief filed by GOA does a good job of further explaining how that element is both extremely damaging and unconstitutional.

There is really no way to predict what will happen tomorrow and it’s unlikely that we will have an answer from the court before next week. And, of course, the clock is ticking on the complete shut down of gun sales on December 8th.

As you know, the current background check system is in near collapse, and while some transfers are taking place, over 30 thousand people are in limbo waiting for approvals (or any response) from the State Police.  It is impossible to imagine that any of those people will be able to take possession of the firearms they have paid for if Ballot Measure 114 goes into effect.

The State Police, as you can imagine, have no plans or rules in place to implement the onerous restrictions that 114 imposes on law abiding Oregonians, and sheriffs and police chiefs across the state are faced with the impossible situation of having to provide “permits” that do not exist. Meanwhile tens of thousands of Oregonians have had their rights eliminated BEFORE the measure has gone into effect with no reason to believe there will be any kind of resolution any time soon. So, the outcome of tomorrow’s hearing is way beyond critical.

But for right now, we wanted to take a minute to express our gratitude for every single person who has sacrificed and given so generously to this effort. It is an understatement to say that there are simply no words to convey our thanks.

While the suit filed yesterday by Second Amendment Foundation is being funded by large corporate donors such as Patriot Ordinance Factory and Oregon’s Radian Arms, we have no such benefactors. Every dime of this extremely costly effort has come from people like you, individuals, small dealers, gun clubs, and local collector’s organizations. While we certainly would have welcomed the help of companies like Radian when we were the first to jump into this fight, (and the fight at the ballot box) we will always be in debt to you, the people and small business of this state. (And a few other states.)

We also cannot sufficiently express our thanks to the individual sheriffs who have bravely stepped up to either officially join our suit or express an intention to join.

Sheriffs Brad Lohrey of Sherman County, Cody Bowen of Union County, Brian Wolfe of Malheur County, Gary Bettencourt of Gilliam County, Chris Kaber of Klamath County, Mark Garton of Polk County, and Terry Rowan of Umatilla County have all demonstrated unusual courage and. If you live in one of their counties, you are fortunate to have sheriffs who honor their oaths.

Our legal team has been working on this non-stop and have put aside many other commitments to present the best possible case. Because of the last minute introduction of another lawsuit in the same court, we now face even more unknowns.  Of course the minute we know the outcome you will too. 

It has always been our policy to respond to donations with formal “thank you’s” as quickly as possible. As you can imagine, we are a bit behind on that and appreciate your patience.

But, right here and now we wanted each one of you to know how deeply grateful we are for your support.

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COURT DATE SET

COURT DATE SET

Things are moving quickly in our suit to put Mz 114 on ice.

While there is a long battle ahead of us, the first job is to get an injunction to prevent it from going into effect while we demonstrate that it is clearly unconstitutional .

Though we had expected others, including large national gun rights groups and representatives of the firearms industry, to take legal action, as of today none, to our knowledge, have.

That makes our case  even more critical.

Yesterday, Thanksgiving Day, the Federal Court took the unusual step of acting on a Federal holiday and scheduling oral arguments for Dec 2nd.

While this greatly reduces the time our legal team has for preparation, we are hoping it means the court has recognized the need to act quickly.  But only time will tell.

OFF wants to assure you that we recognize the gravity of this case.  Not only are the livelihoods of thousands at  risk, for too many to count, their very lives could be at risk.

The promoters of this measure were more than happy to crush small businesses across the state and send a message to the most vulnerable Oregonians that their safety and privacy are meaningless. They have callously placed security guards and off duty police at risk of being seriously outgunned by criminals.

They continue to lie about the measure and its impacts.

And people who should know better keep giving out ridiculous advice to gun owners who face jail time for simply being in possession of constitutionally protected magazines they have owned for decades.

To prove a gun owner had possession of higher-capacity magazines prior to Measure 114 going into effect , the owner could take a photo with a timestamp of the magazines, state police Capt. Stephanie Bigman suggested

This clearly preposterous suggestion will only serve to mislead and endanger people.

Obviously, magazines cannot be identified in a photograph since they all look exactly the same. And it’s laughable to think a court is going to accept a “time stamped” digital photo when, as you can see, they can be so easily altered.

Magazines from the past.
Magazines from the future.

Once again, we want to thank everyone who has been contributing to this fight. The opening salvo comes on Dec 2nd.  But no matter how the court rules, this is just the beginning, and your continued support is critical.

Please share this link with your friends and family as we are going to need all the help we can get.

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

Thank you. We will not back down.

 

 

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FIRST LAWSUIT FILED

11.20.2022

LAWSUIT FILED.

Oregon Firearms has filed the first of what we believe will be numerous lawsuits to put the brakes on Ballot Measure 114, Oregon’s gun ban initiative.

Although the media is not giving it much attention yet, in the lawsuit filed with the court, our lawyer, John Kaempf, also challenges the “permit to purchase” provisions of Measure 114. This is a separate argument in addition to challenging the gun magazines ban. 

A number of other gun rights organizations have announced their intentions to challenge this truly evil measure and we look forward to, and welcome, any legal action that will stand in the way of this clearly unconstitutional attack on common sense and the rights of Oregonians.

As you probably know, most people assumed the measure would take effect on or around January 15th. That’s because most people assumed that State of Oregon would not declare that an election had been “certified” while votes were still being counted in many counties. Well, most people were wrong.

In spite of the fact that there are STILL uncounted ballots, Oregon’s Secretary of State has declared that the ban on new gun sales, and the outlawing of standard capacity magazines, goes into effect on Dec. 8th.

This came as a shock not only to gun owners, and gun stores (who stand to lose everything that day) but to the State Police and Sheriffs who have been saddled with implementing this nightmare with no direction, no funding, and no resources . And that’s exactly how it was intended.

The liars who promoted this measure are still absurdly claiming that the measure won’t go into effect until the rules are created ,while also claiming that creating and imposing the rules are the cop’s problem.

While the legislature could make changes to this new assault on rights, they don’t even START work until more than a month after it goes into effect, turning countless Oregonians into criminals overnight and crushing small businesses across the state.

As you can imagine the accelerated date of implementation left us with far less time to act in court. Having to respond to a measure that somehow was declared “certified” while the votes were still being counted was, to say the least, unprecedented. But that is how the Secretary of State rolls in Oregon.

Our lawsuit was joined by the Sherman County Sheriff (and civil rights champion) Brad Lohrey and firearms dealer Adam Johnson of Coat of Arms firearms in Keizer, Oregon.  Numerous other sheriffs have volunteered to join the suit as have other small dealers and many, many individuals.

Because of the rush to force this measure into law, the devastation it would create came at us faster than we expected so we had no choice but to act quickly. We simply could not wait. There are too many good people whose personal safety and life savings were at risk.

As you would expect, we cannot predict how the courts will rule. We know the state has said they will vigorously defend this measure and work to shut down gun stores as quickly as possible.  And as you know, virtually every firearms related legal challenge has been lengthy, expensive, and wrought with setbacks.

The courts were more than happy to uphold orders that closed schools and crippled small businesses during covid.

We also have no way of knowing what actions the legislature could take, either after it’s too late or sooner. in an unlikely “special session.”

But the threat was too grave to wait.

This will be the single most expensive battle in the history of our organization. The legal bills are already mounting. To everyone who has generously donated to this critical fight, we deeply and sincerely thank you.  But it’s just getting started.

If you can help, we would be extremely grateful for anything you can contribute.  You can donate on line here:

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

If you prefer to donate through the mail, the mailing address is at the top of that page. (PO Box 556 Canby OR, 97013)

While donations to any of our three organizations (OFF, the PAC or OFEF) go to the same fight, it is the Oregon Firearms Educational Foundation that is paying the bills. You can select that from the “Donation Category” drop down menu in the above link.

The big box stores that sell sleeping bags and treadmills can survive this. The family gun store where the owner knows your name cannot. 

We will not back down.