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The Rules Are For The Little People

Ballot Measure 113, passed by the people of Oregon, said a legislator with ten or more unexcused absences would not be eligible to serve in the future.

(It should be noted that while this measure was the product of a collection of far left organizations, the Republicans who would be affected by it did not bother to file a single argument against it. Not one.)

In 2023, 10 Senators (9 Republicans and one Independent, Brian Boquist) had more than 10 absences that Senate President Rob Wagner refused to excuse. (It was an email newsletter from Brian Boquist that prompted this post.)

There is some debate about exactly when that prohibition would take effect.

What the measure says exactly is:

“Failure to attend, without permission or excuse, ten or more legislative floor sessions called to transact business during a regular or special legislative session shall be deemed disorderly behavior and shall disqualify the member from holding office as a Senator or Representative for the term following the election after the member’s current term is completed.”

Emphasis added.

Because of the underlined language, Republicans who have been barred from future office for having refused to participate in the charade that was the last legislative session have argued that they may run and serve in the next election cycle but not the cycle after that.

“We believe the plain language of Measure 113 allows for members to run again in 2024 elections,” Senate Minority Leader Tim Knopp, one of the 10 senators who walked, said in a statement. “We disagree with the Secretary of State’s determination and will challenge it in court.”

The ballot measure summary echoes the language of the measure itself:

“Under measure, legislator who engages in ‘disorderly behavior’ through unexcused absences is disqualified from serving as a Senator or Representative for the term following the end of the legislator’s current term.

The Text of the measure can be seen on this page.  No direct link is available.

The “Explanatory Statement,” which is crafted by a committee determined by the Secretary of State, which in the case of Measure 113 was the disgraced Shemia Fagan, included the following:

 “A candidate may run for office in the next primary and general elections and win, but cannot hold office under this measure due to ten or more unexcused absences.”

While the debate about when prohibitions in the measure actually kick in will be resolved by the courts (no doubt in favor of the Democrats) what is more interesting is the decision by the new Secretary of State, LaVonne Griffin-Valade, a Democrat appointed by a Democrat governor. 

In a decision posted on the new Secretary of State’s website she says the following:

“The rule clarifies that Measure 113 disqualifies legislators with 10 or more unexcused absences during the 2023 legislative session from running for legislative seats in the 2024 election.

Emphasis added.

So while measure clearly states, and the explanatory statement (which is the partisan product of a partisan committee) clearly reiterates, that the measure does not prevent the affected senators from running for office, our new unelected SOS has decided unilaterally that it does.

To back up her position, the new Secretary of State quotes far left newspaper articles. We are not making this up.

For example, the Oregonian wrote on November 8, 2022 that legislators who run afoul of the measure “will be disallowed from serving in the Legislature during the subsequent term.” Similarly, the Lebanon Local News wrote in all caps that the measure would “BAN LEGISLATORS WITH 10 UNEXCUSED ABSENCES FROM SERVING NEXT TERM.” 

What the measure says does not matter. What the summary says does not matter. What the previous regime said does not matter.

The rules are for the little people.  Like you.

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NOTICE OF APPEAL FILED

08.11.2023

Today we filed a Notice of Appeal against Judge Immergut’s absurd ruling that virtually all firearm magazines can be banned and permit procedures that are impossible to comply with are constitutional,

Meanwhile other cases are working their way through the courts. 

Although Second Amendment advocates are winning many of the battles, it’s safe to say that the war will be a long one with plenty of setbacks.

One of the cases that most immediately impacts Oregonians is VanDerStok v Garland and deals with personally manufactured firearms.

As a result of HB 2005, Oregonians are in jeopardy of criminal prosecution for being in possession of a firearm that they made legally.

A lower court declared that ATF’s redefinition of what a “firearm” is (in an effort to ban the sale and transfer of unfinished receivers and frames) was beyond their authority. Because HB 2005 relied on the ATF’s definitions, it was unclear if and how it could be enforced.

Then the Feds appealed to the Supreme Court where the most liberal judges were joined by Amy Barrett and Chief Justice John Roberts in “staying” the lower court’s ruling and allowing the new rules created by ATF to remain in effect.

So now the battle returns to the lower courts to conduct a full trial on the issue.

This was a very troubling and dangerous move on the part of the liberal wing of the court. Common sense would seem to dictate that while the legality of the matter was being hashed out in court, the benefit of the doubt would go to the American people, the “status quo” should be maintained, and the ATF’s redefinitions, done with no congressional approval, should remain on hold.

For now, the Biden regime wins that round, the ATF is, once again, allowed to simply redefine things and Americans face arrest for doing something that was perfectly legal for hundreds of years.

The DOJ, under control of the Biden syndicate, claims that requiring serial numbers on personally made firearms is not an infringement since it does not BAN making them, it only requires what is already required of manufacturers.  But this ignores that other courts have already found that requirement to be unconstitutional.

While this case makes its way slowly through a system that favors the deep state over the people, it appears that HB 2005 still has the potential to entrap and punish Oregonians who possess personally manufactured firearms.

As you know, the House Republicans, who allowed this bill to pass by providing the Democrats a quorum, promised to initiate a lawsuit to stop it.  But so far there is no indication that they intend to keep their word. 

We have reached out to several “pro-gun” House members asking if and when they plan on following through and we have received no response. There is no reason at this point to believe that the House Republicans under the control of Vikki Iverson will step up now when they have caved time and time again.

Meanwhile, numerous cases  (at least until the feds appeal them) have bolstered the Second Amendment.  For example, a Colorado law restricting 18-20 year old’s Second Amendment rights was enjoined and in Hawaii there were two victories. One case involved Hawaii’s “sensitive places” rules and a second struck down Hawaii’s blanket ban on butterfly knives.

Biden’s ban on pistol braces is still being challenged and, at least for now, cannot be enforced against members of organizations that were a party to lawsuits against those bans, most notably Second Amendment Foundation and Firearms Policy Coalition. (Other gun owners are NOT protected at this point.)

In another case in the Fifth Circuit, the District Court of Appeals found that persons who use marijuana cannot be prohibited from owning firearms.

In Oregon, courts have found that persons who use marijuana cannot be denied concealed handgun licenses, however, Federal law still prohibited them from owing firearms.

But while these cases give us reason to be optimistic, the anti-gun, Fed behemoth is doing all it can to silence those exposing their treachery.

There is no question the courts (along with federal law enforcement) have been weaponized to crush gun owners and conservatives, and the chilling case of John Crump is no exception.

Crump is a gun writer and You Tube reporter who has extensively covered the Stalinesque abuses by the Feds in the “AutoKeyCard Case.”

The facts of this case would make any right thinking person wonder if America has turned into North Korea where anyone can be prosecuted for anything the rulers don’t like. But now, not only are the Feds acting like thugs from the Kremlin towards the parties in the criminal case, they are threatening a real journalist who is reporting on these abuses.

While the evidence of unprecedented corruption in the current regime is no longer debatable, it’s also clear that this cabal will stop at nothing to destroy its opponents. The bizarre charges against Donald Trump, who is basically accused of “lying,” by a guy whose history of pathological lying is unmatched in American history, is the most blatant example.  But the system is weaponized locally as well.

We believe there is very little reason to assume that the Oregon courts will treat gun owners fairly as the cases against Mz 114 continue. While we strongly support the efforts by Gun Owners of America in the Harney County Case, we also know if gun owners prevail there the state will appeal it to Oregon Appeals Court which leans heavily against gun rights. So while miracles do happen, we are still assuming the only favorable outcome will be in our Ninth Circuit appeal.

If we lose there we will be charged for all the costs the state has racked up. We will be charged for all their “expert” witnesses, all their expenses, and everything they can throw at us in a trial they dragged out as long as possible. And of course, Oregonians will essentially lose virtually all of their gun rights.

We are lucky to be partnered with other committed plaintiffs and a collection of excellent attorneys. But at best we are looking at many months of continued legal fees. We are deeply grateful for all the support we have received from gun owners across the state and country and we are determined to do all we can to defeat this clearly outrageous and unconstitutional attack on our rights.  Please consider whatever donation you can to keep us in this essential fight. You are our only financial resource and as you know we are all paying the state’s bills too.

You can make a tax deductible donation to Oregon Firearms Educational Foundation here.

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

Thank you for standing up.

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We’re Waiting….

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.

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

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Federal Court Upholds Ballot Measure 114

07.14.2023

Today, Judge Karin Immergut ruled against gun owners, the Second Amendment and a basic understanding of the English language and ruled that Ballot Measure 114  is just fine.

The decision is 122 pages and we just received it so we have not had time to analyze it in depth. What we have read defies belief.  While not entirely unexpected, Immergut’s ruling is simple nonsense and sure to be overturned at the 9th circuit.

When faced with the clear and undeniable issues about all magazines being banned and the permit system being completely unworkable, she essentially said “not my  problem.”

We are sure there will be plenty of parsing of this absurd decision in the coming days, but it was clear from the very first day that Immergut was both painfully ignorant and in the pocket of Oregon’s far left “Department of Justice.”

No doubt it took this long for her to come up with a reason to reach this conclusion when none of the facts were on her side.

You can read her decision here.

Please keep in mind Ballot Measure 114 is still prevented from going into effect because of the State Court decision in Harney County.  A full trial on the merits there will be held in September.

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“Ghost Gun” Bill Signed By Kotek

07.13.2023

Today, Tina Kotek signed into law HB 2005, the Democrat’s clownish “ghost gun” bill.

Senator James Manning, who has for years been trying to pass this absurd nonsense, noted in an email newsletter : After years of work, my colleagues and I also took action on ghost guns with House Bill 2005. Ghost guns are unserialized and undetectable, making them the gun of choice for gun traffickers, violent criminals, and people legally prohibited from buying firearms.”

The only thing undetectable appears to be Mannings’s IQ. The bill is as inane as Manning’s rambling commentary, but it is now law.

We have received a number of inquires about what this bill actually does.  But the bill is so poorly drafted that we can’t really answer that question with any certainty.

It uses multiple definitions, including the Federal definition for “frame and receiver” in an effort to ban personally made firearms.

Of course, that definition was recently thrown out. And just as the legislature was happy to pass a bill they KNEW going in was unconstitutional, Kotek just signed a bill that contains language that has already been thrown out by a Federal Court.

(Keep in mind, there is NO cost and NO liability for any government official when they sign into law bills they know are unconstitutional. Any potential repercussions from violating their oaths of office will quickly be squashed by courts populated with their hand picked cronies.)

So it’s unclear exactly what parts of this bill could ever be lawfully enforced. But that does not mean you are safe from prosecution under it.

The good news is the provisions of the bill don’t kick in until Sept. 2024 and the House Republicans have promised to file a lawsuit against the bill. Which should be a load off your mind knowing that you will not have to fund yet another lawsuit to protect your rights from the attacks of the far left.

So many of you have been very generous in supporting our Federal lawsuit to stop Ballot Measure 114. (And no, as of today we still do not have a decision.) You should NOT be forced to fund yet another lawsuit to stop an outrageous bill that the House Republicans could have easily killed at NO RISK to themselves or their political futures.

Now is the time for the House Republicans to put their money where their mouths were. This is totally on them and we fully expect them to keep their word.

Please contact Vikki Breese Iverson, the House Republican leader, (she’s the one holding the check in the photo) and tell her you will be holding the House Republicans to their promise.

They have made a pledge, they helped the bill pass by showing up when they could have walked out. The ball is in their court.

Representative Vikki Breese Iverson

Republican – District 59 – Prineville

Capitol Phone: 503-986-1459
Capitol Address: 900 Court St. NE, H-395, Salem, Oregon 97301
Email: Rep.vikkibreeseiverson@oregonlegislature.gov
Website: https://www.oregonlegislature.gov/breese-iverson

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our lives, our fortunes and our sacred honor

 

Photo By Trent Yarnell

…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

 

 

 

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One Last Humiliation

It’s Over.


06.25.2023

Today is constitutional “sine die”. The official end of the legislative session.

Yesterday, thanks to the Senate Republicans who returned to the floor to grease the skids for the Democrats, the anti-gun “paramilitary” bill HB 2572 was passed and now heads off to Governor Tina for her signature.

On the floor for this one last humiliation were Senators Anderson, Bonham, Findley, Girod, Knopp, Robinson, DB Smith and Weber.

We have no idea why Robinson and Bonham came back for this as they were part of the walkout and are now victims of Ballot Measure 113.

As you know, Brock-Smith and Anderson have been there virtually every day to assure themselves the opportunity to run again, something that, barring a successful lawsuit, most  Republican Senators won’t be able to do.

HB 2572 is an outrageous attack on gun rights and a gift to violent left wing extremists. That was never hidden as the bill moved through the legislature.  The promoters of the bill noted in their comments that it was aimed at “III%ers” and “Proud Boys” while pointing out (to appease the ACLU) that it will not affect the favored tactics of Marxist rioters. The way the bill was crafted it was clear that antifa would not be targeted by this transparently ugly legislation.

Joining the far left to pass this bill were Republican House Reps Kevin Mannix and Charlie Conrad.

Republican Kim Wallan voted against it, but only because she did not think its penalties were harsh enough.

Mannix’s anti-gun record goes back decades. Conrad is new at this game.

It should be noted that when Conrad ran for office he defeated a rock solid conservative, Nicole DeGraff ,by less than 100 votes. It should also be noted that DeGraff was torpedoed by the House Republican “leader” (Vikki Iverson) and Iverson’s husband, who told DeGraff that she would never be supported because she accepted a donation from OFF’s Political Action Committee. Iverson’s PAC gave Conrad $10,000.00 to help defeat DeGraff. 

(Conrad refused to respond to OFF’s candidate survey.)

So the House Republican “leader” help finance a candidate who not only supports more gun control but was the only Republican to vote for HB 2002, which the Republican Senators claimed was their main reason for their failed walkout.

There is no way the Democrats could have forged a better deal for themselves than Republican Senate Leader Tim Knopp forged for them.   First, get the most conservative Senators to stay out long enough to become subject to the Measure 113 rules denying them a political future and then give away the store. It was brilliant. We hope the Democrats have prepared a proper reward for Knopp.

We have to admit, Tim had us going there for a while.  After having proven himself to be a complete sell out in previous sessions, he appeared to have received a spine transplant and led what could have been an amazingly successful strategy to stop the Democrats demented agenda.  And we encouraged people to thank him and the Senators who walked away from this sideshow. 

Well, as George Bush once said “There’s an old saying in Tennessee—I know it’s in Texas, probably in Tennessee—that says, fool me once, shame on—shame on you. Fool me—you can’t get fooled again.”

But it won’t matter. Wherever Tim winds up (and he will wind up somewhere) his chances of winning his own district again are pretty slim even in the event he’s allowed to run again. So really, why should he care if he shot down so many of his colleagues?

Have no fear however, two of the worst Republican Senators, Anderson and Brock Smith are safe. They dutifully showed up day after day.  No doubt they are praying for short memory voters.

Meanwhile over at the House, while some House members stayed off the floor for the final concurrence vote on HB 2005, the criminalization of personally manufactured firearms, enough of them came to provide quorum and guarantee it would pass.  And because of some confusion caused by a massive, hours long website crash, even the ones who didn’t come to the floor were given excused absences meaning that once again, they risked NOTHING.  And of course, we…got nothing.

Now thanks to the almost incomprehensible cowardice of Republican House Members, Oregonians face 5 years in prison for each personally manufactured firearm in their possession. Never mind that courts have already found this kind of law to be unconstitutional, this is Oregon and we will find a way to prosecute you.

Apparently the official position of the Republican House Reps is that this is all no big deal.  In fact, not only are they proud of the deal they cut, they want you to be proud of it too. You can hear a half hour of nausea inducing self congratulation in this meeting that the “leadership,” and Vikki Iverson’s husband, had with Republican precinct committee people. Why was Iverson’s husband on the call?  Well he’s the guy who threatens candidates who accept our support. He’s also one of the geniuses  behind the “Oregon 13” website where you could  buy a tee shirt or coffee mug to celebrate the staggering failure of the Senate walkout. That site was not responding last time we checked it. But some folks did get tee shirts, and a least one of them registered their discontent thusly.

 

On at least one amusing note, the legislature also passed HB 3443. And this one did make us smile.

The summary of the bill says : Prohibits landlords from terminating lease or taking other specified actions due to status of tenant as victim of bias crime.”

The oh-so-compassionate left demanded this bill to protect people who were victims of “bias crimes.”

But our favorite parts are Sections 8 and 16, which allow victims of bias crimes, and oddly, people who man bias crime “hotlines” to become part of Oregon’s “Address Confidentiality Program”. This program has historically protected people whose lives were in danger due to threats of domestic violence.

Well try as we may, the compassion Nazis just were not interested when we repeatedly pointed out to them that persons in this program are prohibited from purchasing firearms because they have no ID with their actual address on it.

So, yessireee, they can now break a lease but they can’t protect themselves. Another deal so brilliant you would think it was dreamed up by Republican leadership. It was no surprise that Senators Anderson, Knopp, and Findley and Weber voted for it.

On the House side it got the nod from (of course) Charlie Conrad, Helfrich, Owens and Greg Smith. James Heib voted yes but attempted to change his vote to “no.”  The Democrats refused to allow him to change his vote. It would not have changed the outcome. It was just Democrats being the vindictive, petty, jerks they are. (Aided daily by Republican cowards.)

All in all, a long disgraceful display. But if if makes you feel better the budgets now include items to promote legalized sex trafficking and a “state run” bank.  The committee studying a “state bank” must include someone experienced in the marijuana business.  No, we are not making this up. May it only be as successful as the state’s efforts to mail unemployment checks during covid.

We will have more in the coming days, but we want to remind you that the very same Republicans House Reps who allowed HB 2005 to pass have promised to sue to stop it. Let us not let them forget that. Ever. This one is on them, period.

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THE HOUSE FOLDS

06.21.2023

HOUSE REPUBLICANS FOLD

Today, after lengthy delays due to technical issues that shut down state websites, the House Republicans folded up and provided the quorum the Democrats needed to pass House Bills 2002 and 2005.

These were the two bills that were reported to be the reason the Senate Republicans staged their walkout.

When several Republican Senators cut a deal and came back, these bills easily passed on the Senate floor. By then, of course, the most conservative Senators had enough “unexcused absences” to be victims of Measure 113 and they will not be allowed to serve as legislators again.

It was a deal only Hunter Biden could love.  The Democrats got everything they wanted, the conservative Republicans and Oregonians, got screwed.  So the same warped hypocrites who keep demanding that we “elect more Republicans” made sure that the most principled Republicans would get the boot.

They agreed to come back and hand over everything to the Democrats AFTER the best Republicans gave up their political futures. Mind boggling.

And now the House has followed suit and completed the devil’s bargain. And they never even faced losing their seats.  This level of cowardice is not even describable.

While some House Republicans did boycott the floor session, in the end it made no difference.  The curse was cast. Now Oregon gun owners face years and years in prison for making their own firearms. This is simply a disgrace.

Any Republican who tells you they voted “no” is blowing smoke.  As long as they were on the floor they may as well have voted “yes”.

To top it all off, last night Republican “leaders” held a ZOOM call with Republican precinct committee persons. In that call, in addition to lauding themselves for the great deal they made, Senate Republican Leader Tim Knopp claimed there were 6 anti-gun bills and the Republicans outright killed 5 of them.  Tim must not have been looking at the schedule because shortly before the ZOOM call started the Senate Rules Committee posted notice of a public hearing and work session on HB 2572, the anti-gun “paramilitary bill.” That was held at 8am and the bill was passed to the floor where it will undoubtedly pass.(Virtually all of this hearing was not available to the public due to technical issues.)

Republican Leaders.

We thank each of you who never gave up and worked so damn hard to fight for liberty. It’s an embarrassment that most of the people who we elected have no such commitment.

The House Reps who showed up to provide quorum were:
Breese-Iverson, Cate, Conrad, Elmer, Goodwin, Helfrich, Javadi, Lewis, Mannix, McIntire, Owens, Smith G, Stout, Wallan.

The people who brought you this garbage KNEW it was unconstitutional.

We’ll have more for you in the days ahead. 

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THERE’S STILL TIME

06.20.2023

THERE’S STILL TIME

In 1999, Oregon Firearms was a brand new, tiny, gun rights organization.

Our no compromise stand was derided by the media, the legislators, and the institutional gun lobby.

Kevin Mannix, (who is unfortunately back in the legislature) was pushing the worst anti-gun bill Oregon had seen until then. (Some things never change, this session Mannix again joined the Democrats to vote for more gun control.)

Mannix’s bill, HB2535, outlawed most private gun sales. And Mannix had pulled out all the stops to pass it.

A previous version had already passed in the Senate.  Mannix made it worse and carried it on the House floor. But then it had to go back to the Senate for concurrence.

Everyone agreed its passage was a sure thing. “Oregon Gun Owners” helped write and was pushing it. The NRA went into hiding and refused to acknowledge that it even existed. The media, the lobby, and many legislators told us we were wasting our time fighting it.

But we ignored them.  Day after day the bill was postponed on the Senate Floor, as OFF members continued to flood the Senate with phone calls and emails. (And many people didn’t even have emails then.)

Finally the vote could be delayed no longer.  Senator Ginny Burdick rose on the Senate floor to declare that “we rolled the gun lobby.”  Then, after hours of debate, the bill failed by one vote.

The Senate chambers erupted. Kate Brown, then a Senator, immediately tried to have the vote reconsidered. The media and the “lobby” were stunned.

HB2535 was dead.

Tomorrow, the Oregon House will be be voting on HB 2005, Oregon’s latest gun grab. Given how the Oregon Senate leader folded up and allowed the bill to pass on the Senate floor, and given the House Republican leader’s praise for that sell out, most consider it a sure thing that the House will agree to the final bill and repass it.

But it’s not over till it’s over. We know some House Republicans are not happy with the Senate sell out. And tomorrow is also the vote on HB 2002, an extreme and very contentious bill.

The House Republicans, unlike their colleagues in the Senate, have shown up day after day to help the Democrats ram through their agenda.  Many Senators have paid a high price for their courage and refusal to join their “leader” in selling out.

But because we are in the closing days of the session, House Republicans risk NOTHING by denying quorum and killing this dangerous and clearly unconstitutional bill.

Let’s give it one more shot.  Please contact House Leader Vikki Iverson and Deputy House Leader Shelly Boshart Davis and tell them to walk away tomorrow and stop the madness. Quite simply, that is their job.

Vikki Breese Iverson

https://www.oregonlegislature.gov/breese-iverson

Shelly Boshart Davis

https://www.oregonlegislature.gov/boshartdavis

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NOT QUITE YET

NOT QUITE YET

The unimaginable debacle that this legislative session has been is not quite over.

After a 6 week protest that brought the left’s extremist agenda to a halt and gave hope to thousands of Oregonians, the Senate Republican Leader and a few of his more despicable cronies, declared unconditional surrender and helped pass HB 2005.

Under the current version of this bill, gun owners in Oregon could face 5 years in prison and $125,000.00 fines for the crime of having built their own firearms.

For centuries Americans have been responsible for some of the greatest innovations in firearm’s technology while building and modifying firearms at home.

Personally manufactured firearms have always been legal and never required bowing to the state and applying government regulated serial numbers for personal firearms that were not being sold. This kind of legislation has already been declared unconstitutional in other states.

The Senate Republican leader, Tim Knopp, has now crushed that personal liberty, placed gun owners in the cross hairs, and claimed it’s a massive “victory.”

Senator Lynn Findley said “These are major victories for accountability, accessibility, and civil rights.” He then went on to attack the very bill he helped pass by showing up on the floor.  You can view his comments here.

Only in the Alice in Wonderland fantasy world of politicians do people who rolled over and sold out the folks who hired them claim success when they gave up someone else’s rights.

(If you don’t feel abused enough, you can still throw away money on Oregon’s 13″ tee shirts and other crap.  Though they should change the name to  “Sell Out Swag”.)

But what makes the entire display all the more absurd and inexcusable is the fact that Knopp, and whoever else voted to go along with this deal, did so after the damage had been done to most Republican Senators and Independent Brian Boquist. (Senators Boquist, Robinson, Bonham, Hayden, Linthicum and Thatcher refused to go along with this sell out. Senator Girod as been excused for months for medical reasons.)

Now the best Republican Senators are no longer eligible to hold office in the future and the Democrats got virtually everything they wanted. For most people, the deal simply made no sense.  After Republicans reached 10 unexcused absences, the Democrats had zero leverage. Nothing.  There was not a single rational reason for Republican leadership to fold.

(Well there was not a single reason that benefited voters.  How the “players” benefitted may not be known for a while.)

This strategy seemed to be designed to guarantee the worst possible outcome for Oregon gun owners. It is impossible to imagine how this could have been a miscalculation.

But, it’s not over yet.  Since the language of HB 2005 was changed, it now has to go back to the House to be voted on again. The House has now scheduled the vote for June 21st. 

Keep in mind, none of the House members boycotted the floor sessions. They showed up every day and help the Democrats rush through bill after bill after bill.  They never put themselves or their political futures at risk for you.

The session must end on June 25th.  There is no way the members of the House could accumulate 10 unexcused absences between the 21st and the 25th.

The Republican House members now have the power to stop this atrocity at NO RISK to themselves at all. All they have to do is refuse to participate.

Given that House Republican Leader Vikki Iverson has been as rudderless and ineffectual as her predecessor Christine Drazan, and given, by her approving comments, she was clearly part of the “deal” that was cut to screw gun owners, it’s highly unlikely that she would take a courageous stand.

But it was not that long ago that the Republican members of the House promised to contribute $25,000.00 to mount a legal challenge to HB 2005.  And while that would barely be a downpayment on a real lawsuit, the House Republicans could save a few bucks by simply not showing up for the vote on this terrible attack on gun rights.

Since it is very likely that most Republican Senators will not be able to serve in the future (only Anderson and Brock Smith stayed on the floor to protect their jobs) there are going to be a bunch of Senate seats opening up. And you can bet that the House reps (who say they supported the walk out) are eyeing those seats and making plans to move up.

The Republican House Reps have a unique and cost free way to save gun rights and demonstrate that they actually stand for something. We think the chances of that happening are damn slim. One “Republican,” Kevin Mannix, (who we warned about from the beginning) is already on record opposing the walkout. But it is possible.

And for once, the Republicans who regularly complain that nothing is their fault because the voters don’t elect enough of them, might actually give voters a reason to elect more.

Is it a long shot?  Yes. The longest.  But it ain’t over till the last Republican caves. 

Call or email Iverson.  Remind her that Republicans inspired a lot of admiration while they were standing up. Remind her that you matter and you are furious that she would allow you to become a felon for exercising your rights. Remind her that walking out on clearly unconstitutional legislation is not an option, it’s a duty. And remind her that doing the right thing is a lot cheaper than a lawsuit.

Capitol Phone: 503-986-1455

Email: Rep.VikkiBreeseIverson@oregonlegislature.gov

Website: http://www.oregonlegislature.gov/breese-iverson

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SELL OUT COMPLETE

SELL OUT COMPLETE

“Today is a victory for Oregonian’s parental rights and law-abiding gun owners. After months of being promised a bipartisan session, Democrats chose to prioritize a partisan and extreme agenda. Republicans held the line and were able to amend the worst parts of House Bill 2002 and the Democrats Omnibus Gun Bill, House Bill 2005. I appreciated working with Senate Republican Leader Tim Knopp throughout this process to ensure better outcomes for all Oregonians,” said House Republican Leader Vikki Breese- Iverson (R-Prineville)

That was an email Breese Iverson sent out today under the heading “Click to Edit This Heading.”

Apparently in a rush to claim victory for another embarrassing surrender, she forgot to replace the headline in her template.

This was in the wake of the Senate racing through the amended HB 2005.

The Oregonian noted:

“House Republican leader Vikki Breese-Iverson, R-Prineville, applauded the deal she helped broker in an email, calling it a “victory” for “law-abiding gun owners…”

So it’s interesting that even the Republican Senators who showed up to provide quorum voted “no”.   Some victory for gun owners.

Iverson has always been in the tank doing all she can to torpedo real conservative candidates including attacking the primary opponent of House Rep Charlie Conrad, who has now proven himself to be a pretty reliable supporter of the far left extremists Iverson pretends to oppose.

Based on her rush to embrace defeat, there is little reason to expect the House Republicans to take a stand and defend your rights to build or possess a personally made firearm that does not have an approved serial number.  That Iverson and some Senate Republicans are calling this a victory for gun owners borders on the bizarre.

While there are still a handful of Republican Senators who opposed this disgraceful and cowardly surrender, at the moment there is not a single House Republican we can imagine supporting going forward.

Today on Senate floor for the passage of this dangerous and clearly unconstitutional bill were Senators Knopp, Findley, and Anderson who provided the quorum the Democrats needed to outlaw personally made firearms.    

Currently the schedule has the House voting to repass the amended bill on June 21st.

Keep in mind, this bill was the one the House Republicans claimed they were going to bring to court.  Now they are calling it a great victory.  That should save them a few bucks.

All bill information can be found here: https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2005

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Knopp Caves Gun Owners and Good Senators Screwed

06.15.2023

It’s about official as it can get. Senate Minority Leader Tim Knopp has made a deal with the Democrats and you are on the chopping block.

Personally made firearms will be banned under Knopp’s sell out and while there is some talk of getting something on the record that it will not apply to AR style uppers, we have no reason to think they are actually going to change the language of the bill to clarify that.

But it does not matter.  Americans have a long and proud history of making their own firearms and some of the best innovations in firearms technology were made by individuals in their own shops.

Courts have already declared that banning them or requiring serial numbers is unconstitutional. None of which matters to Knopp and his handful of toadies who went along with this deal.

Now some of the best pro-gun Senators will be prevented from holding office in the future and gun owners still got the shaft.

Senator Hansell is not running again so he does not care, Anderson and Brock Smith stayed on the floor to protect their own sorry backsides and Knopp knows he has no chance of winning his seat again.  But they all got to vote on approving the sell out.

Once again, Republican “leadership” has snatched defeat from the jaws of victory.  Another disgrace for the people who got hired to protect our rights.

It’s not clear exactly who will be returning to the floor or when and some Senators clearly did not approve of this “deal”.

We will know more in the coming days.  Your efforts have been heroic.  But in the end, Knopp and his minions care a lot more about themselves than your rights.

Knopp is pretty much done with, so if you want to express your disgust feel free to contact Anderson and Brock Smith who stayed on the floor to make sure they could run again. We hope the voters in their districts recognize what disgraceful sell outs they are.

 

Because of changes that are being made in the bill, it still will have to go back to the House to approve those changes. This late in the session, House members can safely walk out and still kill this.  We have no indication they have the courage to do so.  But there is still time to contact the House Minority Leader and tell her that the House now has the chance to do the right thing and not even have to show the courage some Senators have.

Please contact Vikki Breese Iverson and tell her to walk out on the concurrence vote on HB 2005. This one should be a no brainer.

 

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They Made A “Deal”

06.13.2023

Well the bad news is we were right. Tim Knopp is making deals to throw gun owners under the bus.

The “deal” will be to let the Democrats ban personally made firearms, a scheme courts have already determined to be unconstitutional.

You can read about it here.

Of courses, as we have already pointed out, the “deal” will actually ban all AR style firearms and many others due to the mangled language the bill uses to describe “ghost guns.”

Most Republican Senators have sacrificed their political futures to stop bills like this and now it appears Knopp is ready to throw their sacrifices away to appease the Democrats.

Remember, the “ghost gun” bill was the one the House Republicans said they would take to court (after they helped pass it by staying on the floor.)This is not a “deal”. This is a sell out.

Tell Knopp that your rights are NOT negotiable.

Senator Tim Knopp

Capitol Phone: (503) 986-1727

Email: Sen.TimKnopp@oregonlegislature.gov

Website: https://www.oregonlegislature.gov/knopp

 

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Let’s NOT Make A Deal

06.11.2023

As you know, and as we have repeatedly reported, the Republican Senator’s denial of quorum has been completely effective at slamming the brakes on the Democrat’s extreme agenda.

(Only Senators Dick Anderson and David Brock Smith have been showing up every day to Senate floor sessions.)

So, in spite of being in the minority, the Republicans have been essentially controlling the agenda and protecting the people who elected them from the worst of the Democrat’s bills, stalling some very dangerous gun restrictions.

But now the left is buzzing with talk of a “deal” to bring the Republicans back in exchange for the Republicans folding on personally made firearms, what the left calls “ghost guns.”

Cartel media reports have already discussed some kind of trade off.

If the Republicans accept this deal they will be effectively banning all AR style firearms and countless other guns because the “ghost gun” language is crafted so badly that they are banning the parts that are not, and have never been, regulated. Basically they would be outlawing AR firearm’s UPPER receivers which were never required to have serial numbers, while ironically ignoring the parts they think they are banning.

If Knopp and the Republican Senators fall for this deal they will have snatched defeat from the jaws of victory to placate the left wing media and once again stuck it to gun owners.

Please contact Senate Minority leader Tim Knopp and remind him that gun owners have stood behind the Senate walk out and not to sell us out now when we could win it all.

Senator Tim Knopp

Capitol Phone: (503) 986-1727
Email: Sen.TimKnopp@oregonlegislature.gov
Website: https://www.oregonlegislature.gov/knopp

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Federal Trial Rolls On

Federal Trial Rolls On.

06.08.2023

Before we share a report of the third day of OFF’s federal trial to stop the unconstitutional Measure 114, we want to take a moment to once again send our sincere thanks to the Republican Senators who have risked so much to protect our rights and basic common sense by refusing to participate in the Democrat’s war on sanity.

By protesting the Democrat’s outrageous agenda by denying quorum, the Senate Republicans, and two Independents, (Art Robinson and Brian Boquist) have put the brakes on SB 348.

SB 348, as you know, was Floyd Prozanski’s effort to make Measure 114 even worse than it was when passed by out of state millionaires.

The Democrat propaganda machine and their mouthpieces in the media have been working non-stop to demonize the peaceful protest of the Senators who denied quorum to protect the minority, even as they continue to pretend to want to protect the rights of minorities.

So please take a moment to send a word of thanks to Senate Republican Leader Tim Knopp and ask him to share your appreciation with his fellow Senators.

At the trial we face a number of challenges. As you may know the Judge has declared that she will not hear arguments about the constitutionality of Measure 114 as applied. Her position is that the issue is “not ripe” because no one has yet been harmed by the measure.  Of course, the only reason no one has been harmed yet is because a state judge in Harney County, in a separate decision, placed an injunction on the measure. So it cannot go into effect until after a full trial in State Court which we expect to happen in September.

Needless to say, if the measure takes effect, thousands of Oregonians will be denied their rights to acquire firearms legally, countless gun stores will be out of business and untold numbers of hard working Oregonians will lose their jobs. The judge has noted that we are free to bring another lawsuit at that time at enormous expense while the state gets to pay their many lawyers…with your money.

The state has taken several positions that are, on their face, ridiculous.

They have claimed that the magazines they seek to ban (virtually all magazines) are not protected by the Second Amendment because they are not “arms” they are “accessories”.  This is patently absurd.  Flashlights are “accessories.”  Magazines are components. Without a magazine no magazine fed firearm could function as intended. To take the position that these devices are not protected would be to say that stocks, bolts, and trigger groups are “accessories” and can be banned by the whim of the legislature or uninformed voters.

As we have pointed out, because the measure calls for the banning of any magazine that can be converted to hold more than 10 rounds, it would ban almost all magazines rendering modern firearms useless. (They very goal of the state and the measures proponents.)

The state is also contending that the “permit to purchase” scheme is constitutional because it is “shall issue” and “shall issue” permit schemes are allowed under the Bruen decision.  But this is clearly false.

First of all, there is nothing in the measure that compels any police agency to issue permits. They “may” but it’s not required. Some sheriffs have already stated they will not issue permits because they simply lack the resource and facilities to do so. Keep in mind, that if the police in your county cannot issue, your ability to purchase a firearm is gone. You may not apply in any other county.

But beyond that, no sheriff can legally issue a permit anyway.  The measure requires that the FBI conduct a fingerprint check. The FBI has flatly stated they will not do so. So there is no legal way for the sheriff or your local police to comply.

No permit can be “shall issue” when the permitting agent cannot issue.

While our witnesses and attorneys have done an amazing job of making these points, it remains to be seen if the judge is seeing the obvious contradictions.

The state has been relying on “expert witnesses” who are attempting to prove that early firearms do not have the capacity of modern firearms. Why you need “expert” witnesses to prove this is hard to understand. But the notion that our constitution only protects things in existence 200 years ago is odd when the argument is taking place in a courtroom filled with computers and flat screen TV’s, fed by the internet, and protected by metal detectors.

John McDonnell is an OFF volunteer who has been in court every day. If you have been to a gun show recently you may have met John at an Oregon Firearm’s table.  If you meet John at a show please be sure to thank him for his tireless efforts and activism.

What follows is John’s observation of yesterday’s proceedings. We expect closing arguments to be tomorrow.

Day 3 of Measure 114 Federal trial – June 7th, 2023

Update from OFF volunteer John McDonnell

The defense (state of Oregon) is still calling their witnesses.  First witness, historian Dr Delay testified on the evolution of repeating firearms throughout the 1800’s. 

Although interesting, not much new information that others had not already spoken of including development of repeating rifles by Winchester and Henry. 

Through 1860, there were few lever action rifles with internal magazine capacity greater than ten rounds. 

They all of a sudden jump to number of rounds fired during the Virginia Tech and Las Vegas shootings pointing out that there were more deaths when repeating firearms with greater than 10 rounds available in a magazine.

It appears that they are making the case that, absent changes in science, technology, and manufacturing, there would be fewer deaths by gunfire.

The only redeeming concept was a nod to John Moses Browning and his revolutionary design.  Colt thought it was a gimmick, so Browning sold his idea of the 1911 to FN.

Next witness was another historian, this one with a PHD from Yale.  His testimony was another history lesson about militias and the arms they possessed.

His information came from probate records of the period.  Yes, you heard that right.  Information on amounts and types of firearms from around the 1740s to 1798 was based on probate records.  He did point out that most private firearms owned were “fowlers.”

These firearms were lighter, smaller caliber, and cheaper than smooth bore muskets or rifled barrel long guns.  His final point was about the rate of fire with rifles and muskets being a max of 3 rounds per minute.

During cross examination, he testified that the concept of militia during the revolution being civilian volunteers was incorrect.  He also is adamant that the Heller decision is wrong.  The only redeeming value to his testimony was, while demonstrating how to load and fire a musket, he pointed his pretend firearm at the judge and then apologized to her.  Another “expert” paid for with your tax dollars.

Third witness is being paid $1,150/hr of our money.  Seems the majority of her research was verifying the NRA Armed Citizen Database.  She used some of the most powerful analytics available and still came up with the same numbers as the NRA.  Good thing we spared no expense to verify publicly available statistics. 

During cross, she also admitted that she doesn’t think anyone except military and law enforcement should have guns that can contain over 10 rounds.  She also admitted that she didn’t try to verify that a previous plaintiff had stated that he used 13 rounds in a self defense situation.  The lawyer for the defense kept insisting that, since there was no police record or newspaper reports of the incident (since they didn’t look for any) that his testimony is in question. 

Next witness spoke about how dangerous objects such as Bowie knives, dirks, sword canes, and pistols were regulated at times in history.  The regulations she cited were all related to concealed carry.

Last one was a professor of English and linguistics.  There was a boring discussion of what words meant in the 18th and 19th centuries.  The point was to prove that cartridge box was an accessory.  They quite clumsily tried to make the point that cartridge boxes and pouches were the same as magazines and not part of a firearm. 

They found a single newspaper article from the mid 1960’s about an early machine gun.  In the article, the author stated that the cartridge box was moved to the breach of the barrel for self-loading and it was therefore a magazine.  And so, voila, a modern magazine is the same as a cartridge box or pouch and thus not a part of the firearm. 

During the cross, it was revealed that the witness was upset that his testimony in front of SCOTUS during Heller was rejected.   He was also upset that SCOTUS ignored his brief during the Bruen case.

The Kavanaugh opinion from Bruen was brought up.  The defense seemed to insinuate that Kavanaugh’s opinion that permits could be issued for carry outside the home, somehow applied to permit to purchase.  We’ll see how that goes.

The defense is expected to continue with testimony from their witnesses all day tomorrow.

In the mean time, when the discussion of Tina Kotek keeping your kicker comes up, think of just how much of your money the state is spending on these “expert” witnesses.