As the lead plaintiffs on the federal lawsuit against Measure 114, Oregon Firearms Federation (OFF) has two attorneys doing all they can to craft the best case possible. Our case in Federal Court is now due to be heard in June. The court has changed the date several times complicating our efforts to schedule expert witnesses and adding to our cost.

The state has no similar problems because they have your money and can (and will) spend as much of it as they like.

We anticipate that depositions may begin soon.

Once the case is heard we believe there is a significant likelihood that the Federal Judge will find against gun owners, as she already has ended our efforts to get an emergency injunction. She decided that she will not even hold a hearing on a “preliminary injunction” and will go directly to a trial on whether or not 114 is constitutional. Her purported reasoning was that since a state judge had already ordered an injunction there was no need for her to consider one.

Of course, that ignored the reality that while it was true that a state judge had put a hold on 114, the Department of “Justice” was doing all it could to overturn it.

We have always assumed that the battle would have to be decided in the Ninth Circuit Court of Appeals. So we are quite prepared for the Federal judge to declare that an almost certain end to gun sales in Oregon, and a ban on firearms feeding devices, is somehow constitutional.

In the very unlikely event that the judge actually abides by Supreme Court precedent and declares 114 unconstitutional, there is no question that the state and the Department of “Justice” will appeal it themselves and so either way this will go to the Ninth Circuit Court of Appeals unless something totally unexpected happens. (Which is still possible.). So settle in, we are in it for the long haul.

In the parallel case playing out in State Court, the Judge has set a September date for a trial. The Department of Justice attempted to move that date up by months. And it’s no secret why. If the Harney County Judge declares that 114 violates the Oregon Constitution, the state will, of course, appeal.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

And let us not forget who sits on the Court of Appeals in Oregon. One Judge James Egan. In case you missed it, Egan believes that anyone who supports the Second Amendment is a racist, anti-semitic, white supremacist. And no, we are not exaggerating.

Egan’s outrageous and hate filled rant against gun owners was perfectly typical of leftist extremists, but coming from a sitting judge was truly chilling.

There is no possible way we can hope for a fair ruling in the Measure 114 state case if Egan is on the bench when the case is heard.

After we reported Egan’s bizarre and outrageous outburst, we heard from many who wanted to file a complaint against him.

We filed one. But we also reached out to the leaders of the Republican House and Senate Caucuses.

As you know, the Republicans are in the distinct minority. The one tool they had to keep the far left in check was the walk out, which in recent sessions they simply refused to use, telling us that if they did, there would be a ballot measure against walk outs. Well, as you know, even though they meekly sat by and let the Dems step all over them, there was a ballot measure to stop walk out’s anyway. And even though this was a fundamental, constitutional, and crucial tool for the minority party, they did not say a single word in opposition to the ballot measure and it passed. Which certainly made life easier for Republicans who don’t like to stand up.

So with limited tools, and the reality that if the Harney County Measure 114 case winds up in front of Judge Egan, gun owners are in real trouble, we simply asked Republican “leadership” if they would request their members to join in a complaint against Judge Egan.

We all know that there is no guarantee that any tactic is going to save the day. But a complaint against the despicable conduct of a rogue judge made by many elected officials would certainly carry more weight than the complaints of individuals or OFF as one of the organizations defamed by Judge Egan.

However, neither Republican Senate “leader” Tim Knopp, nor Republican House “leader” Vikki Iverson are interested. And while many Republicans continue to send out newsletters touting their commitment to gun rights, when given the opportunity to stand up, the Republican “leaders” sit down. For now, it’s up to us.


--Kevin Starrett, OFF

Post Date: 2023-03-14 15:55:20

Last Update: 2023-03-14 18:05:39