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