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LTC Trent Klug
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The state is lying that the permit process is not harming citizens. The Oregon State Police ID the second layer of background checks, after the federal background check. They are 10s of thousands of applications behind in doing the checks Not to mention this law requires a class to qualify for a permit and that class has to be given by a law enforcement agency. No agency in the state has the manpower to deliver those classes. Nor does this law allocate the funding for said classes

The plaintiffs in this case, I hope, will be able to show the law in its entirety is UnConstitutional, otherwise the gun owners of entire country will be in serious trouble as the blue states will enact laws just like Oregon's.
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SFC Casey O'Mally
SFC Casey O'Mally
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LTC Trent Klug I understand that, sir. But since it is not in effect, no one has been harmed. Therefore that question must remain unresolved for the time being.
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LTC Trent Klug
LTC Trent Klug
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SFC Casey O'Mally Legally, you're right with no harm being done. However anecdotally, there has been.

The transfer of ownership of weapons purchased around the time this law was to have gone into effect were delayed or not made. In my opinion, the State Police may have intentionally slow walked background checks in an effort to impede the transfer of arms prior to the law taking effect. Now, of course and again, this is all anecdotal evidence but it's a story that's been told over and over again by Oregon gun dealers and purchasers
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SFC Casey O'Mally
SFC Casey O'Mally
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LTC Trent Klug Which would seem to me to be its own violation of rights and liable for a civil suit - if provable. Which is going to be hell to do, of course. And how they get away with it.

Ain't sayin' it's right, but you can only nail the bastards for what you can prove.

To the topic at hand, I know it sucks. I think the argument the judge used, while maybe technically sustainable, was a bit of a cop out. The fact that the law was SUPPOSED TO have already been in effect and the state is not prepared to process them shows that there WILL be an unnecessary delay in exercising Constitutional Rights, which qualifies as harm.

That's how I see it, but I am neither judge nor lawyer. And the way the judge explained it is legally supported, if only technically.
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LTC Trent Klug
LTC Trent Klug
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SFC Casey O'Mally The federal judge's previous ruling would have allowed the law to have taken affect. Thankfully the state district court Judge ruled in favor of the plaintiffs. Other Oregon gun owners would be in an even tighter spot.
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SrA Ronald Moore
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Thanks for breaking it down and sharing
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MAJ Roland McDonald
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Thanks for the share MAJ Dale E. Wilson, Ph.D.
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