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2A Sanctuary Ordinance Tested in Oregon


Euler
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GOA

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In a betrayal to their sworn constitutional oath and the will of their constituents, the Columbia Board of County Commissioners joined with Everytown for Gun Safety attorneys to seek a Court review of the citizen-passed [second Amendment Sanctuary Ordinance]. This was a despicable effort to invalidate the mandate of the People and the constitutionally-protected right to keep and bear arms. Today [July 21], oral argument was heard by the Columbia County Circuit Court.

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The GOA item doesn't spell it out very well, but what is happening is that the county residents passed a law by referendum (i.e., a "proposal") making their county a 2A sanctuary county. The county board is now challenging that law in court in an attempt to nullify it.

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Correction: In Oregon, they're not called proposals or propositions. They're called "initiatives." Either way, it's a ballot measure to pass a law.

 

So what is their argument, I wonder. Any argument they use, and get a favorable ruling, can then be used against Immigration Sanctuary Cities.

 

Guess the County Commissioners don't plan on being reelected.

I don't know what the Board's case is in detail, but the GOA response says:

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Indeed, the Petition seeks "a judicial determination and judgment of the Court as to the regularity, legality and effect" not only of "Ordinance 2021-1," but also of "Initiative Measures 5-270 and 5-278."

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The Board's Petition is a confetti cannon pleading, raising at least twenty-one different reasons why the Initiatives "likely" violate various provisions of federal law, numerous provisions of Oregon state law, and the state and federal constitutions. With little to no analysis, the Board alleges that numerous parts of the Initiatives are "likely" unlawful/unconstitutional. However, the Board asks the Court to do the heavy lifting when it comes to why that is so, providing at best only a bare bones analysis of its various claims, and often providing no analysis at all.

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Early in the GOA brief, it points out that the county court doesn't have the authority to rule on the constitutionality of the ordinances, anyway.

 

IOW, the GOA analysis of the Board's case is that the Board isn't making a case. The Board instead makes 21 allegations and apparently expects the court to supply the arguments. Remember that Everytown is supplying the lawyers for the Board's case. Or maybe the Board is the front organization for Everytown's lawyers.

 

I haven't even tried to find the original petition.

 

(Hmm, maybe this thread would go better in the Judicial 2A Case forum.)

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GOA

Today [29 July], Gun Owners of America (GOA), Gun Owners Foundation (GOF) and the Oregon Firearms Federation (OFF) beat Everytown for Gun Safety and successfully defended a Second Amendment Sanctuary Ordinance (SASO) passed by the citizens of Columbia County, Oregon before the Columbia County Circuit Court.

 

In an effort to undo the will of their constituents and attack the right to keep and bear arms, the Columbia Board of County Commissioners -- with support from Everytown for Gun Safety -- sought a court review of the citizen-passed SASO.

 

However, the court ruled that the Columbia Board lacked "a justiciable controversy" and sided with GOA and GOF. ...

Edited by Euler
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Since this issue deals with Oregon initiatives, I believe the Oregon Supreme Court would be the next step, if they wanted to take it farther up the judicial chain.

 

I'm fairly certain this case is just Everytown trying out legal arguments to see what gets traction against 2A sanctuaries in general. I think they're more likely to take the lessons learned this time to try something different next time rather than try to push this one farther.

 

In standard Everytown fashion, they got someone else to foot the bill for their experiment, so it's a win either way for them.

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