Court Vacates, Remands Ban on Sale of Semi-Auto Rifles to Adults Under 21. 9th circuit none the less

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Chuckie

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Follow up to the above mention of Oregon's Measure 114. This is a video by an attorney in Washington state that posts YouTube videos on 2A topics. The still image at the bottom makes me wonder how they intend to have a person processing for a permit to get the firearm safety course, especially so if that person has to have a firearm in order to take the course.



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So, if I read this right, you have to purchase a firearm first in order to apply for a permit to purchase a firearm, which you cannot purchase without having the permit first :scratch:
 

turkeyrun

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Yes, but Trump nominated some folks for it that are more conservative, and the whole court probably got a lesson on jurisprudence with the Bruen case SCOTUS decision in New York.

The SCOTUS comment in their decision about "common use" firearms could prove to be extremely helpful in future 2A cases.

SCOTUS comment, I take as, "we don't agree, but because SCOTUS said, we will let it go."

Ninth Circus and San Fran has shown some enlightening, over wokeness, the past few months.

San Fran is the hottest market for new firearms.
 

MilitantBEEMER

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A Federal judge shot down the injunction in Oregon. 30 day delay on implement of permit process. Standard capacity mags and certain shotguns will be illegal as of Dec 8th. No exemption for LEO or Security guards

 

Chuckie

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I never understood how a Federal court was able to do this. When it comes to laws, Federal is suppose to trump state and being that our Constitution is Federally based, a Federal ruling against anything that contradicts our Constitutional Amendments (2nd Amendment specifically) should be technically, if not factually, illegal. I know about the 14th Amendment but that is about allowing states to enact laws as long as those laws do not contradict Federal laws or our Constitution, which 'Measure 114' clearly does.
 

SoonerP226

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Maybe. From what I could find last night, the district court dismissed the case, so the plaintiffs appealed that to the 9th Circuit. The 9th then vacated the dismissal and remanded the case back to the district court to be reevaluated taking Bruen into consideration. So, it's not won yet, but it's also no longer a loss.
 

John6185

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It is ironic that our politicians have decreed that an 18 year old is an adult (they want the votes) and send an 18 year old youth to a war created by politicians to possibly die and to handle weapons that do far greater damage than any weapon bought in a gun store.
Meanwhile, the politicians won’t allow their offspring to fight in any war while they are heavily investing in Monsanto and other chemicals and war materials.
What a country! Every war is political within the past century.
 

TerryMiller

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So, if I read this right, you have to purchase a firearm first in order to apply for a permit to purchase a firearm, which you cannot purchase without having the permit first :scratch:

No. One does have to read the statement carefully. I had the same impression as you when I first read it, however, the wording is different than I initially thought. This is the part that must be carefully read:

"person applying for a 'permit to purchase' a firearm to present their police chief or county sheriff with".

Now, my comment related to whether Oregon's firearm safety classes require each "student" to have their own firearm to take the course. In that case, the student would have to somehow rent or borrow a firearm (either from a friend or the class instructor or facility) to take the course.
 

TerryMiller

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Maybe. From what I could find last night, the district court dismissed the case, so the plaintiffs appealed that to the 9th Circuit. The 9th then vacated the dismissal and remanded the case back to the district court to be reevaluated taking Bruen into consideration. So, it's not won yet, but it's also no longer a loss.

As a follow up, a state court judge has blocked the federal judges ruling. The state AG is apparently now going to appeal to the state Supreme Court. Not much detail in this story:

 

TerryMiller

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Yet another video regarding Oregon's Measure 114. This gentleman does much more in explaining how the different court cases are being handled and why there have been judgements by both a federal and state judge. He also stated that the state case will have a hearing of some kind on December 13.

Also of interest in this video was his mention that a misdemeanor conviction could involve a fine of more than $6000. (By comparison, Oklahoma's max on misdemeanor conviction fines is $1000.

 

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