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Federal Trial Update

Federal Trial Update.

06.07.2023

Yesterday, the state presented an “expert” witness who hilariously claimed that it takes 5 seconds or more to change a magazine.

This false and absurd statement was made in an effort to convince the court that low capacity magazines will protect people in mass shootings by giving them time to run away.

To make his clearly ridiculous point, he theatrically and slowly counted down, 1….2…. 3.. and then commented on how many people could have run away in that time.

The “expert” made other equally and unfounded comments as the state continues to try to divert the court from the real issue of whether Measure 114 is constitutional.  Instead, they continue to make arguments that the US Supreme Court has already ruled irrelevant.

At the heart of the state’s argument is their bizarre position that magazines are not “arms” and therefore can be regulated and banned.

Of course, the logical extension of that position is that ALL magazines can be banned by a vote of the masses or the legislature rendering modern firearms useless.

Whether the judge recognizes the magnitude of this very dangerous idea remains to be seen, but OFF’s witness, Damian Bunting, a private security professional, was able to make the point brilliantly and silence the state’s lawyers when he was asked whether he would switch to ten round magazines if the court allows this clearly unconstitutional measure to become law.

When he replied that he would not, the state’s lawyer was thrown off her prepared statements and searched her notes for what to say.  Was Mr. Bunting admitting he would break the law?

It was then that Bunting accurately pointed out that any magazine for any of the firearms he carried would make him a criminal.

No matter how this judge rules, she is now on notice and cannot avoid the fact that she knows this measure will (among many other things) outlaw virtually all firearm’s magazines. It is simply impossible to imagine how anyone could consider that constitutional.