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Oregon judge halts voter-approved high-capacity magazine ban
The Associated Press ^ | December 15, 2022 | By GILLIAN FLACCUS

Posted on 12/15/2022 3:25:33 PM PST by Oldeconomybuyer

PORTLAND, Ore. (AP) — An Oregon judge handed guns rights advocates a victory Thursday and placed a new, voter-approved ban on high-capacity magazines on hold until questions about its constitutionality can be decided.

Harney County Judge Robert Raschio released the written ruling after a lengthy court hearing earlier this week in which attorneys for gun rights groups sought a preliminary injunction to stop the narrowly passed ban on magazines of more than 10 rounds.

“That the large capacity magazine bans promote public safety is mere speculation,” Raschio wrote. “The court cannot sustain restraint on constitutional right on mere speculation that the restriction could promote public safety.”

The ruling followed ones Raschio made Tuesday that temporarily blocked a permit-to-purchase provision of Measure 114 and another part of the law that would prevent the sale of a gun until the results of a background check come back. Under current federal law, a gun sale can proceed by default if the background check takes longer than three business days — the so-called Charleston loophole, because it allowed the assailant to purchase the gun used in a 2015 South Carolina mass shooting.

The lawsuit in Harney County, filed by Gun Owners of America Inc., the Gun Owners Foundation and several individual gun owners, seeks to have the entire law placed on hold while its constitutionality is decided. The state lawsuit specifically makes the claims under the Oregon Constitution, not the U.S. Constitution.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Oregon
KEYWORDS: banglist; gillianflaccus

1 posted on 12/15/2022 3:25:33 PM PST by Oldeconomybuyer
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To: Oldeconomybuyer

We may need some help here in illannoy too. Sonsofbitchin democrats are going to try an all out push for semi auto/mag ban after Jan. 1.


2 posted on 12/15/2022 3:31:30 PM PST by Bonemaker (invictus maneo)
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To: Oldeconomybuyer

We here in Washington state are living under a recently passed 10+ rd magazine ban too, which went into effect last July.


3 posted on 12/15/2022 3:34:39 PM PST by PROCON (Sic Semper Tyrannis)
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To: Oldeconomybuyer; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; ...

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

4 posted on 12/15/2022 3:35:25 PM PST by PROCON (Sic Semper Tyrannis)
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To: Bonemaker

“We may need some help here in illannoy too.”

Our gun club already has a lobbying effort going. One of our members is with the ISRA. They were a big help with the McDonald case. Far more than the utterly useless NRA, anyway.

Things are tight here but we intend to kick a few bucks their way.

L


5 posted on 12/15/2022 3:39:42 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Lurker

Hopefully, it will fail in the senate. It’s been tried many times before in this God forsaken state but never passed. GOA and 2A Foundation good to give to. NRA is lost at sea with all kinds of BS.


6 posted on 12/15/2022 3:44:00 PM PST by Bonemaker (invictus maneo)
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To: Bonemaker

The ISRA will sue the instant it’s passed. They have ready made plaintiffs and with any luck the Federal courts will squash it pretty quick. Bruen was crystal clear.

In any event we won’t comply with whatever they pass.

L


7 posted on 12/15/2022 3:55:52 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Twotone; VeryFRank; Clinging Bitterly; Rio; aimhigh; Hieronymus; bray; 1malumprohibitum; ...
If you would like more information about what’s happening in Oregon, please FReepmail me. Please send me your name by FReepmail if you want to be on this list.
8 posted on 12/15/2022 3:58:22 PM PST by Twotone
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To: Oldeconomybuyer

Rights are not subject to public opinion or vote.


9 posted on 12/15/2022 4:05:40 PM PST by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
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To: Oldeconomybuyer
An Oregon judge handed guns rights advocates a victory Thursday and placed a new, voter-approved ban on high-capacity magazines on hold

The purpose of the Constitution is to prevent Democracy, i.e., mob rule.

10 posted on 12/15/2022 4:12:50 PM PST by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: Lurker

Hope you are right. I have no patience for this crap anymore.


11 posted on 12/15/2022 4:17:41 PM PST by Bonemaker (invictus maneo)
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To: Bonemaker

I’m losing mine rapidly.

L


12 posted on 12/15/2022 4:19:50 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Oldeconomybuyer

I don’t think voters or politicians can vote away our rights


13 posted on 12/15/2022 5:00:15 PM PST by stockpirate (Where Justice Ends Tyranny Begins...Repression Breeds Violence)
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To: Bonemaker

This ban is going to hurt a lot of gun owners. 50 percent of gun owners in America own semi-automatic weapons.


14 posted on 12/15/2022 5:04:30 PM PST by jonrick46 (Leftnicks chase illusions of motherships at the end of the pier.)
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To: Oldeconomybuyer

Only friends of the Clintons commit suicide with a firearm and a standard capacity magazine


15 posted on 12/15/2022 5:24:57 PM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: Oldeconomybuyer

HUZZAH!


16 posted on 12/15/2022 5:36:11 PM PST by cowboyusa (America Cowboy up! )
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To: Oldeconomybuyer

All such bans are unconstitutional as are all so-called “assault weapon” bans as per SCOTUS.

Therefore such laws are null and void.


17 posted on 12/16/2022 3:25:35 AM PST by FLT-bird
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To: jonrick46

This particular “law” hurts anyone that wants to buy any gun. $65 initial fee for a permit which may not be issued. Then training classes, if approved. Probably $100 plus time and travel before you could even purchase a gun.


18 posted on 12/16/2022 9:09:20 AM PST by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: PROCON

The insidious thing about Oregon’s mag ban is that it just doesn’t ban high-cap mags, it bans ANY magazine capable of being modified to accept more than 10 rounds.

So the 9-round Glock 26 mag is illegal because you can someday put a +2 base pad on it, and the 10-round Glock 30 mag is illegal because you may someday put +3 base plates on it.

The measure basically makes it illegal to buy any kind of semi-auto because at some point or another, some company made base plate round extenders.

Revolvers are now the only gun you can realistically purchase and carry.

Sone people are saying they’ll weld the base plate shut, or glue it, but I think that’s still questionable.


19 posted on 12/16/2022 3:28:30 PM PST by Sir_Ed
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To: FLT-bird
Therefore such laws are null and void.

An FFL dealer won’t see it that way, if the law remains.

https://m.youtube.com/watch?v=USxDxMkEdF0&feature=youtu.be

My take-away from this video is that the counties plead poverty on setting up the necessary permit-to-purchase apparatus, and the courts have suspended the requirement for PTP until the bureaucracy is in place. Catch-22, leaving the law unenforceable. Further, there’s a move afoot by 114’s main sponsors, Lift Every Voice Oregon, to seek a non-law enforcement entity to approve permits on behalf of the BIPOC community, as they’re apparently afraid of cops.

20 posted on 12/18/2022 10:48:11 AM PST by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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