Oyez, oyez, oy vey

The judge in Burns, Greater Idaho who issued a temporary restraining order blocking Oregon's new gun control law from going into effect was way out of line, according to the state attorney general, Ellen Rosenblum. Maxine Bernstein of the O has posted here the state's brief asking the state supreme court to throw the judge's order out. According to the brief –

The trial court committed fundamental legal error in doing so. As explained below, Article I, section 27 [of the Oregon Constitution] protects weapons commonly used for self-defense in 1859 and, as to those, allows restrictions that reasonably relate to public safety. State v. Christian, 354 Or 22, 33, 307 P3d 429 (2013); State v. Hirsch, 338 Or 622, 677–78, 114 P3d 1104 (2005), overruled on other grounds by Christian, 354 Or at 40; State v. Delgado, 298 Or 395, 400–01, 692 P2d 610 (1984). Measure 114 easily satisfies those constitutional standards. This court should issue a writ of mandamus to vacate the order of injunctive relief that, if allowed to stand, poses an immediate threat to public safety in Oregon.

The judge who made this apparent boo-boo is a guy named Rob Raschio. How do you picture a judge in Harney County, Oregon? Yep.

Anyway, the high court doesn't have to do anything about this if it doesn't want to. Will it step up and do the right thing? That's never clear. The jury is out, so to speak.

UPDATE, 5:30 p.m.: Never mind. The justices will let the restraining order stand. The classic doing of nothing by that body.

Meanwhile, the permit application is apparently going to be posted on the internet tomorrow. Good. You want a machine gun for little Johnny? Fill it out, take a number, and sit down. 

Comments

  1. Bean’s comment works from both sides of the fence

    ReplyDelete
  2. Shall not be infringed... INFRINGE is to encroach upon in a way that violates law or the rights of another.

    ReplyDelete

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