Notice of Appeal Filed
This week we filed a Notice of Appeal against Judge Immergut’s absurd ruling that virtually all firearm magazines can be banned and permit procedures that are impossible to comply with are constitutional,
Meanwhile other cases are working their way through the courts.
Although Second Amendment advocates are winning many of the battles, it’s safe to say that the war will be a long one with plenty of setbacks.
One of the cases that most immediately impacts Oregonians is VanDerStok v Garland and deals with personally manufactured firearms.
As a result of HB 2005, Oregonians are in jeopardy of criminal prosecution for being in possession of a firearm that they made legally.
A lower court declared that ATF’s redefinition of what a “firearm” is (in an effort to ban the sale and transfer of unfinished receivers and frames) was beyond their authority. Because HB 2005 relied on the ATF’s definitions, it was unclear if and how it could be enforced.
Then the Feds appealed to the Supreme Court where the most liberal judges were joined by Amy Barrett and Chief Justice John Roberts in “staying” the lower court’s ruling and allowing the new rules created by ATF to remain in effect.
So now the battle returns to the lower courts to conduct a full trial on the issue.
This was a very troubling and dangerous move on the part of the liberal wing of the court. Common sense would seem to dictate that while the legality of the matter was being hashed out in court, the benefit of the doubt would go to the American people, the “status quo” should be maintained, and the ATF’s redefinitions, done with no congressional approval, should remain on hold.
For now, the Biden regime wins that round, the ATF is, once again, allowed to simply redefine things and Americans face arrest for doing something that was perfectly legal for hundreds of years.
The DOJ, under control of the Biden syndicate, claims that requiring serial numbers on personally made firearms is not an infringement since it does not BAN making them, it only requires what is already required of manufacturers. But this ignores that other courts have already found that requirement to be unconstitutional.
While this case makes its way slowly through a system that favors the deep state over the people, it appears that HB 2005 still has the potential to entrap and punish Oregonians who possess personally manufactured firearms.
As you know, the House Republicans, who allowed this bill to pass by providing the Democrats a quorum, promised to initiate a lawsuit to stop it. But so far there is no indication that they intend to keep their word.
We have reached out to several “pro-gun” House members asking if and when they plan on following through and we have received no response. There is no reason at this point to believe that the House Republicans under the control of Vikki Iverson will step up now when they have caved time and time again.
Meanwhile, numerous cases (at least until the feds appeal them) have bolstered the Second Amendment. For example, a Colorado law restricting 18-20 year old’s Second Amendment rights was enjoined and in Hawaii there were two victories. One case involved Hawaii’s “sensitive places” rules and a second struck down Hawaii’s blanket ban on butterfly knives.
Biden’s ban on pistol braces is still being challenged and, at least for now, cannot be enforced against members of organizations that were a party to lawsuits against those bans, most notably Second Amendment Foundation and Firearms Policy Coalition. (Other gun owners are NOT protected at this point.)
In another case in the Fifth Circuit, the District Court of Appeals found that persons who use marijuana cannot be prohibited from owning firearms.
In Oregon, courts have found that persons who use marijuana cannot be denied concealed handgun licenses, however, Federal law still prohibited them from owing firearms.
But while these cases give us reason to be optimistic, the anti-gun, Fed behemoth is doing all it can to silence those exposing their treachery.
There is no question the courts (along with federal law enforcement) have been weaponized to crush gun owners and conservatives, and the chilling case of John Crump is no exception.
Crump is a gun writer and You Tube reporter who has extensively covered the Stalinesque abuses by the Feds in the “AutoKeyCard Case.”
The facts of this case would make any right thinking person wonder if America has turned into North Korea where anyone can be prosecuted for anything the rulers don’t like. But now, not only are the Feds acting like thugs from the Kremlin towards the parties in the criminal case, they are threatening a real journalist who is reporting on these abuses.
While the evidence of unprecedented corruption in the current regime is no longer debatable, it’s also clear that this cabal will stop at nothing to destroy its opponents. The bizarre charges against Donald Trump, who is basically accused of “lying,” by a guy whose history of pathological lying is unmatched in American history, is the most blatant example. But the system is weaponized locally as well.
We believe there is very little reason to assume that the Oregon courts will treat gun owners fairly as the cases against Mz 114 continue. While we strongly support the efforts by Gun Owners of America in the Harney County Case, we also know if gun owners prevail there the state will appeal it to Oregon Appeals Court which leans heavily against gun rights. So while miracles do happen, we are still assuming the only favorable outcome will be in our Ninth Circuit appeal.
If we lose there we will be charged for all the costs the state has racked up. We will be charged for all their “expert” witnesses, all their expenses, and everything they can throw at us in a trial they dragged out as long as possible. And of course, Oregonians will essentially lose virtually all of their gun rights.
We are lucky to be partnered with other committed plaintiffs and a collection of excellent attorneys. But at best we are looking at many months of continued legal fees. We are deeply grateful for all the support we have received from gun owners across the state and country and we are determined to do all we can to defeat this clearly outrageous and unconstitutional attack on our rights.
You can make a tax deductible donation to Oregon Firearms Educational Foundation here.