Things Change Fast
As you know, this morning a Federal judge denied a restraining order on Measure 114 claiming that standard magazines are not protected, not often used in self defense, and are probably not constitutional.
Although we think her positions are 100% wrong, that will be an argument for another day.
While declaring that Measure 114 could go into effect, she also delayed the implementation of the “permit to purchase” part of the measure for 30 days.
The State had asked for 60 days, right after telling the court they would be ready to go by… Thursday.
Of course, it’s absurd to think this train wreck could be cleaned up and operational in 30 days. But that was apparently of no interest to the judge.
Her order would lead to crushing firearm’s retailers, endangering anyone with a standard magazine, and outlawing the sale of most shotguns while turning most existing shotguns into contraband (because their tubular mags are capable of holding more than 10 rounds.)
And the postponement of the permit process accomplished virtually nothing since all the other elements were still in place.
So thousands of Oregonians would still be denied the guns they paid for and have not gotten, the police would still be in an impossible situation, and gun owners with standard magazines still faced jail time.The measure is still a complete failure and Oregon gun owners were still facing an almost complete elimination of their rights.
Then, this afternoon, a county judge in Harney County changed everything by issuing his own temporary restraining order against the measure, putting it on hold.
We can thank Gun Owners of America for that as they were the only ones to file in state court. So while the Federal Judge did nothing to stop 114, an Oregon Judge did.
As you might expect, the State announced immediately that they would seek to undo the county judge’s ruling as quickly as they could. But for right now, 114 is on ice. Based on what we saw today, that could change any minute.
The Federal cases are still moving forward. The refusal of the judge in Federal Court to place a stay on the measure does not change the fact that it will be going to court to determine whether it is actually constitutional. So that part is unchanged.
How all the cases in play, and the order from the County Judge, will determine the outcome remains to been seen. We are, of course, deeply troubled by the ruling that came out of the Federal Court today. We are also grateful for the opposing ruling from the Harney County Judge this afternoon. But no matter what, there is a long way to go.
One more factor will be thrown into the mix. Tomorrow, a Senate Committee in Salem will be holding an “informational” hearing on the implementation of the measure. Even the extremists who promoted the measure have noted that it is such garbage that the legislature will have to clean it up. And we fully expect the legislature to make changes when they come back into session in January. That could change everything. But the one positive thing about that is when it gets into their hands, they will be accountable.
There is little anyone can do when a judge comes up with a dangerous and damaging order. But legislators have to answer to the voters and that gives us another chance to undo some of the damage “Lift Every Voice” did with their hateful measure.
You can watch the hearing live here at 8.30 Wednesday morning. (They are NOT taking public testimony.) Stream Link
No matter what else happens, be prepared to make your voices heard in the legislature.