06.06.2023
Yesterday was the first day in OFF’s federal trial to stop the implementation of the very dangerous and unconstitutional Measure 114.
In addition to the limitless budget the state has to deny your rights, the judge has allowed an anti-gun organization to “intervene” adding to the army of lawyers working to undermine the Second Amendment in Oregon.
We are proud to note that OFF’s witnesses did an outstanding job of presenting the facts and the reality of this measure, in spite of the shameless attempts by the state to discredit and impeach them. Needless to say, the state failed.
No matter which way the judge rules, the harsh truth that this measure is far more expansive than the state pretends it is, will come out.
Adam Johnson, the owner of Coat of Arms firearms in Keizer, was able to skillfully place on the record that virtually all firearms magazines will be banned under this measure, not just those capable of holding over 10 rounds. This was something the judge clearly had never considered and was obviously surprised by.
Most questions by the state and the anti-gun intervenors were completely nonsensical and had nothing to do with the issues of the trial. But their cross examinations were surprisingly limited and it was clear they wanted to steer the arguments away from the facts of the case and use their time to attack our witnesses for the “crimes” of actually supporting gun rights or working in firearm’s related businesses.
The strategy of the state, from the start, has been to side step the issues and the clear dictates of the Supreme Court.
The state, and the anti-gun organizations who are in league with the state, are basing their entire argument on the fact that firearms and firearm’s magazines are used in crimes.
This is hardly a novel or compelling argument, and it is absurdly irrelevant. Of course firearms are used in crimes. But the state is also trying to imply that standard magazines are never used for lawful purposes, and in fact, are not even “arms” that are protected by the Second Amendment.
The state is using stats of the “average” number of rounds fired in self defense situations to imply that because that is fewer than ten, people are not even using ten round magazines in defensive situations. Since most modern firearms come from the manufacturer with magazines over ten rounds, and there are countless millions of them in the hands of law abiding gun owners, this is an utterly nonsensical position.
Unfortunately, it is a position the court seems happy to entertain.
(Even more absurd is the reality that if law abiding Oregonians are stripped of their right to own magazines, criminals will still be acquiring as many as they want by using any of the millions in circulation or simply crossing state lines to buy them from any gun store.)
But it should not even matter. The courts have clearly upheld the right to own arms for any lawful purpose and it is undeniable that countless thousands of people use standard capacity magazines for purposes in addition to self defense.
The argument that firearms and standard magazines are used in crime should not even be allowed to brought into this case. The Supreme Court in Bruin made it clear that the state cannot use a “balancing test”. If the Second Amendment protects it, it’s protected. So it is troubling that this irrelevant and completely emotional argument is being permitted.
What is not being allowed is the mountain of evidence our lawyers and volunteers have assembled demonstrating that the Oregon State Police are already not doing their job and almost certainly cannot complete the additional work Measure 114 will create for them.
The judge’s exclusion of this information and the cartel media’s refusal to acknowledge it will certainly color the outcome.
The Court has also made it clear that it intends to severely restrict discussion and arguments about the devastating “permit” system which will essentially end gun sales in this state.
The injunction placed on Mz 114 by a state judge will remain in effect until that trial which is scheduled for September.
The Federal trial will continue this week. The cartel media will continue to be the mouthpiece for the state and provide slanted and misleading propaganda about the proceedings. You can count on that.
Meanwhile, every effort has been made by the state to drag this battle out as long as possible. Our legal bills are enormous and continuing. Our legal team has been working non stop and will continue to all week.
Your financial support for this fight has never been more critical as we work to build the strongest possible case and prepare for what will be the inevitable appeal.
We are deeply grateful for your help and activism.
Please consider any donation you can make to this critical battle. Our funding does not come from national organizations or firearms businesses. 100% of our resources come from people like you.
Donations to the Oregon Firearms Educational Foundation, which is funding this fight, can be made here:
https://oregonfirearms.ejoinme.org/MyPages/DonationPage/tabid/70447/Default.aspxYou can view this post in a browser here:
https://www.oregonfirearms.org/federal-trial-begins
