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2A Newsletter: Week of January 6th! thumbnail image

2A Newsletter: Week of January 6th!

80 Percent Arms   |   Jan 7th 2023

Oregon Judge continues to hold off on Measure 114 Enforcement

Well, friends, we are definitely starting off the year strong. While there is still no word yet on the status or update on the ATF’s (2021R-08) pistol brace ban, we do know that the insane gun control law Measure 114 of Oregon is still currently being held on pause.

In a recent ruling, Judge Robert Raschio of Burns, Oregon has decided to hold off on allowing Measure 114 to be enforced. As a quick refresher, this measure, which was narrowly passed by Oregon voters in November of last year, aimed to tighten gun control regulations in ways similar to how California handles their gun laws.

Gun control advocates have been closely following this case, as they see Measure 114 as a crucial step towards “reducing gun violence” in Oregon and they are clearly not happy. As we’ve talked about inprevious newsletters - the measure includes provisions such as requiring gun permits to purchase guns, bans magazine capacities above 10 rounds and bars a gun sale or transfer before the background check is fully complete. 

However, Judge Raschio has stated that he needs more time to fully consider the arguments presented by both sides before making a final decision on whether to allow the measure to be enforced. This has left pro gun control advocates on edge, as they worry that the judge may ultimately decide against enforcing the measure (which is what we’re hoping for).

The case is expected to continue in the coming weeks, with a final ruling expected in the near future. Even before an outcome has arrived, it is clear that this issue will continue to be a contentious one in Oregon and across the country, especially if more states try to follow suit.

New Jersey Passed Anti-Carry Law, Got Sued Same Day

This story was actually from the week of Christmas but in a comical development, New Jersey’s Governor Phil Murphy has signed an anti-concealed carry lawonly to be sued the very same day on grounds of being unconstitutional. We’re talking minutes after the document was signed.

The federal lawsuit is being represented by the Second Amendment Foundation and FPC on behalf of the Coalition of New Jersey Firearm Owners, the New Jersey Second Amendment Society and three private citizens. The bill, which sought to significantly tighten restrictions on citizens’ ability to concealed carry was a clear infringement on the Second Amendment and the rights of New Jersey residents. One of its requirements would mandate gun owners to take out a policy of $300k for liability insurance while also bumping up costs for permit applications. Of course, more public locations also became off limits for permit holders to concealed carry at.

SAF has declared that they’re seeking “a preliminary and or a permanent injunction restraining the defendants and their officers, agents and other employees from enforcing the challenged segments of the law.”

NY Gun Control Law Ruled Unconstitutional by State Supreme Court

Get ready for some huzzahs and hip hip hoorays because the New York State Supreme Court Judge Thomas Moran has ruled that the state's red flag, or Extreme Risk Protection Order (ERPO) law, is unconstitutional. The law allows family members, law enforcement, school officials and basically anyone to petition a court to remove firearms from individuals believed to be a danger to themselves or others.

When a case is brought before a judge, all they have to do is agree and then law enforcement can immediately take guns away from the person in question. New York’s ERPO law was passed in 2019 and has led to the issuance of over 1,900 removal orders.

The case we’re referencing today originated from when a man lodged a red flag application against his estranged girlfriend claiming that she would be a harm to herself or others if she had access to guns - resulting in the woman having any weapons that she owned to be seized from her and she became prohibited from buying or possessing any guns afterwards. Additionally, the court even suspended her pistol permit. All of that, simply based on an accusation.

The woman’s attorney Daniel Strollo said that they were very happy with the ruling.

“You have people who are essentially not medical professionals expressing medical opinions that result in the deprivation of right,” said Strollo. “And you have a procedure that essentially allows somebody to lose those rights without ever having gone in front of a judge.”

Well, the State Supreme Court Judge seemed to agree, citing the Mental Hygiene Law which has even higher safeguards than matters related to the state’s red flag law. This is an exciting new precedent for which we expect many court cases to be referencing for the rest of the year and beyond.

Honolulu issues first ever CCW Permit

To top it all off, in a history move, Honolulu County has issued its first ever concealed carry weapon (CCW) permit to a resident. The decision, which was met with both praise and criticism, marks a significant shift in the county's approach to gun ownership and possession, perhaps to other counties of the Aloha state as well.

The individual who received the permit, who wishes to remain anonymous, stated that they applied for the permit out of a desire to protect themselves and their loved ones. "I believe that every law-abiding citizen has the right to defend themselves and their family," they said. "I'm grateful that the county has recognized this right and has given me the opportunity to exercise it responsibly."

While the issuance of the CCW permit was welcomed by some as a step towards greater personal protection and Second Amendment rights, others argue that it could lead to an increase in gun violence and accidents. "We should be working towards reducing the number of guns in our community, not increasing them," said one opponent of the decision. "I'm concerned that this could put more weapons into the hands of people who may not be trained or responsible enough to handle them safely." These types of concerns usually come from those that do not understand that gun control’s roots come from a place of not only racism but also a desire for control over a populace. While safety and training are very important, it is more likely a net negative to place a higher financial barrier on citizens’ access to exercise their gun rights.

Despite the controversy, county officials stand by their decision to issue the CCW permit. "We carefully review every application and only issue permits to individuals who meet all of the legal requirements and pass a thorough background check," said a spokesperson for the county. "We are confident that the individual who received this permit is fully qualified and capable of using a firearm responsibly."

According to the USCCA, only .02% of Hawaii’s residents (1.4M population) have been issued concealed carry licenses.

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