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