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  3. Second Amendment Sanctuary in Court in Oregon

User Info: atmasabr

atmasabr
4 weeks ago#1
https://nypost.com/2021/05/16/second-amendment-sanctuaries-facing-1st-court-test-in-oregon/

Where Columbia County has passed a law prohibiting "local officials from enforcing most federal and state gun laws and could impose thousands of dollars in fines on those who try."

The Oregon case was filed by Columbia County under an unusual provision in state law that allows a judge to examine a measure before it goes into effect.
...
“This will allow the court to tell us whether the county can actually decline to enforce certain state laws, and it will tell us how to abide by the will of the voters to the extent that we can,” said Sarah Hanson, who serves as counsel in the conservative-leaning county in deep-blue Oregon.

I'm frightened that someone actually thought it was necessary to include that kind of failsafe. It makes me wonder what other crazy **** has happened in that county.

Other laws trying to blunt the effect of federal gun restrictions haven’t fared well in court, including a 2009 Montana measure that made guns and ammunition manufactured in the state exempt from federal law and a similar 2013 measure in Kansas.

Many of the latest wave of measures, though, take a different tack by focusing on the actions of local police, including punishments like fines.

In terms of federal law, gun rights advocates may have a successful legal argument under the so-called anti-commandeering doctrine, which says the U.S. government can’t make state and local officials enforce federal law, said Darrell Miller, a professor of law at Duke Law School and co-faculty director of the Duke Center for Firearms Law. He agreed that the Oregon case is the first of its kind.

Local enforcement of state law, meanwhile, is another matter. Most states don’t have similar provisions in their own legal codes, and Oregon’s attorney general said in court documents that the Columbia County ordinance is “incompatible” with criminal law and the duties of county officials.

“To the extent the local government is trying to say, ‘We’re also not going to enforce state law either’ …. that’s a much more difficult and complicated position,” Miller said. “The authority of the state over localities is much, much stronger.”

Well, I do consider that we have sanctuary cities for illegal aliens, and the courts blocked the Trump administration from financially punishing cities that didn't cooperate with INS. I believe this is the biggest source of local policy and law barring cooperation with the federal government, and that's legit. I think the same principle is at play here. And I do think the federal government should consider going into these lawless states more often to ensure that the law, and public safety, are being upheld.

However, states are not permitted to go in the opposite direction with respect to the federal government. They're not allowed to investigate whether someone is in this country is illegally or punish anyone who is in this country illegally without very strict procedures, because federal law prohibits racial profiling and only the federal government can enforce federal immigration law. More to this issue's point, they're not allowed to ban firearms when federal law prohibits such a ban.

The measure will absolutely fail on the state level, of course.
"The sacrifices must be made"--Spider-Man: The Animated Series

User Info: Thermador446

Thermador446
4 weeks ago#2
Is 'blunt' really a verb?
Seems more like a noun of adjective?
But what do i know, i 've never passed an English class in my life
Because it is a useless subject to teach students
"While you were wasting your time castrating a priceless antique, I was systematically feeding babies to hungry mutated puppies!" -The Monarch

User Info: atmasabr

atmasabr
4 weeks ago#3
Thermador446 posted...
Is 'blunt' really a verb?
Seems more like a noun of adjective?
But what do i know, i 've never passed an English class in my life
Because it is a useless subject to teach students

On topic if you don't mind?

Blunt as a verb means to soften the impact of an incoming strike so as to make it less deadly. It is usually figurative, but would be literal in the case of body armor against arrows or bullets. It could also refer to making a sharp object like a sword less sharp, which is I think its most direct meaning.

Blunt as an adjective refers to being characterized by forceful impact, either literally or figuratively.

Blunt as a noun is a rolled up marijuana cigarette.
"The sacrifices must be made"--Spider-Man: The Animated Series

User Info: charey

charey
4 weeks ago#4
atmasabr posted...
The Oregon case was filed by Columbia County under an unusual provision in state law that allows a judge to examine a measure before it goes into effect.

I'm frightened that someone actually thought it was necessary to include that kind of failsafe. It makes me wonder what other crazy **** has happened in that county.
I think this is because of the voter initiative for ballot measures where a if a bill gets enough signatures it goes onto the general ballot, It is possible for a blatantly illegal law to be passed without anyone who knows about lawmaking getting involved.

One notable example was one year there where two bills on the ballot, one that would change the law in the Oregon constitution to allow Casinos in the state and a second bill to authorize a particular Casino. The Second bill passed but not the first that would the second bill legal.
I won't have it! I'm not having anyone talk about me in
the past tense! ~Squall Leonhart

User Info: kainzow42

kainzow42
4 weeks ago#5
Thermador446 posted...


Thermador446 posted...
Is 'blunt' really a verb?
Seems more like a noun of adjective?
But what do i know, i 've never passed an English class in my life
Because it is a useless subject to teach students
You think teaching English is useless? That may be the dumbest thing I have read in a long time. Just reading posts on most forums and seeing the lack of ability by most posters to spell correctly and use punctuation, tells me you are wrong. If anything we need to concentrate on it more.
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