2nd Amendment sanctuary measure overturned in Oregon

[EvilEyeFleegle]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

 

[Concerned American]

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws

Feel good news for democrats. All moot. The courts have negated the laws that prompted the counties and municipalities to declare themselves sanctuaries in the first place. Funny how that happens. It would be interesting to see OR try to enforce the courts ruling anyway.

 

[EvilEyeFleegle]

Feel good news for democrats. All moot. The courts have negated the laws that prompted the counties and municipalities to declare themselves sanctuaries in the first place. Funny how that happens. It would be interesting to see OR try to enforce the courts ruling anyway.

Hmmm...point being missed a bit, I think. This ruling ultimately is more about forbidding local municipalities from exercising a bit of sovereignty, as it were. They cannot make laws abrogating State and Federal law and/or mandating legal sanctions for enforcement of said laws. Also, the lil town of Podunkville does not get to decide on constitutional issues.
Given the location..the gun issue was moot all along, I think.

 

[Concerned American]

Hmmm...point being missed a bit, I think. This ruling ultimately is more about forbidding local municipalities from exercising a bit of sovereignty, as it were. They cannot make laws abrogating State and Federal law and/or mandating legal sanctions for enforcement of said laws. Also, the lil town of Podunkville does not get to decide on constitutional issues.
Given the location..the gun issue was moot all along, I think.

The only reason these areas declared themselves sanctuaries is because of over reaching, unconstitutional leftist gun laws. That was the case in OR. The laughable part of this ruling is that the offending law has been declared unconstitutional in the courts so this current ruling is moot. If there was no attack on the constitution by illegal gun laws, there would be no mention of 2A sanctuary cities. It will be interesting to see if this sets precedent regarding "illegal immigrant sanctuary cities and states."

 

[Flash]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

The state appeal court is wrong.

Nobody is required to enforce a law that is against the US Constitution, even if some stupid Libtard state court says so.

 

[EvilEyeFleegle]

The only reason these areas declared themselves sanctuaries is because of over reaching, unconstitutional leftist gun laws. That was the case in OR. The laughable part of this ruling is that the offending law has been declared unconstitutional in the courts so this current ruling is moot. If there was no attack on the constitution by illegal gun laws, there would be no mention of 2A sanctuary cities. It will be interesting to see if this sets precedent regarding "illegal immigrant sanctuary cities and states."

Cogent point is whether or not the declaration is symbolic..or legal. I've never heard of a Sanctuary City actually forbidding the enforcement of immigration laws by the federal govt.
At best, refusal to to help enforce the law by detaining suspected illegals--which is not mandated legally due to jurisdictional issues. No penalties and no actual force of law.
thus, no sovereignty issue.

 

[EvilEyeFleegle]

The only reason these areas declared themselves sanctuaries is because of over reaching, unconstitutional leftist gun laws. That was the case in OR. The laughable part of this ruling is that the offending law has been declared unconstitutional in the courts so this current ruling is moot. If there was no attack on the constitution by illegal gun laws, there would be no mention of 2A sanctuary cities. It will be interesting to see if this sets precedent regarding "illegal immigrant sanctuary cities and states."

Whatever their reason, they were wrong..and they got slapped down.

 

[Concerned American]

Cogent point is whether or not the declaration is symbolic..or legal. I've never heard of a Sanctuary City actually forbidding the enforcement of immigration laws by the federal govt.
At best, refusal to to help enforce the law by detaining suspected illegals--which is not mandated legally due to jurisdictional issues. No penalties and no actual force of law.
thus, no sovereignty issue.

I live in an area where this actually became an issue. A moderate sized city within 100 miles of the international border declared itself an immigration sanctuary. Federal ICE has jurisdiction to inspect public transportation facilities for illegals. There were legal proceedings which prohibited ICE from enforcing these laws. I have not heard what the final outcome of the dispute was or if it has been decided at this point.

 

[Flash]

Whatever their reason, they were wrong..and they got slapped down.

State courts get slapped down by the Supremes all the time.

The Bruen decision will put an end to a lot of this stupid anti right to keep and bear arms bullshit we get from Libtard lower courts.

 

[Concerned American]

Whatever their reason, they were wrong..and they got slapped down.

I don't think the ruling would stand as it worked through the courts. Constitutional sheriffs have the duty to enforce the constitution within their jurisdiction when states and municipalities overstep their authority by passing unconstitutional laws. OR be damned.

 

[mudwhistle]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

Sorry, all of the local yokels have moved to AZ.
Only thing left in OR is green-haired ANTIFA types.

 

[C_Clayton_Jones]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

And appropriately so.

Second Amendment ‘sanctuary’ is ignorant rightwing nonsense and ridiculous political theater.

 

[SassyIrishLass]

And appropriately so.

Second Amendment ‘sanctuary’ is ignorant rightwing nonsense and ridiculous political theater.

Jones? STFU

 

[C_Clayton_Jones]

The only reason these areas declared themselves sanctuaries is because of over reaching, unconstitutional leftist gun laws. That was the case in OR. The laughable part of this ruling is that the offending law has been declared unconstitutional in the courts so this current ruling is moot. If there was no attack on the constitution by illegal gun laws, there would be no mention of 2A sanctuary cities. It will be interesting to see if this sets precedent regarding "illegal immigrant sanctuary cities and states."

Wrong.

As already correctly noted, comparing Second Amendment ‘sanctuary’ with sanctuary cities fails as a false comparison fallacy and is fundamentally ignorant.

As a fact of Constitutional law, the Federal government cannot force or compel state and local jurisdictions to enforce Federal laws – including Federal immigration laws.

It’s therefore perfectly appropriate, lawful, and Constitutional for state and local jurisdiction to refrain from using their resources to detain those undocumented.

That’s not the case with jurisdictions within a state, where states have the authority to enforce laws consistently throughout the state, including firearm regulatory measures.

 

[C_Clayton_Jones]

Jones? STFU

Second Amendment ‘sanctuary’ is ignorant rightwing nonsense and ridiculous political theater.

 

[CarsomyrPlusSix]

It’s fine, they can defy this bullshit and follow the United States Constitution.

Just ignore them.

 

[Concerned American]

Whatever their reason, they were wrong..and they got slapped down.

It is moot. The law that prompted the declaration was also slapped down. No over-reaching law, no need for a sanctuary from it.

 

[Concerned American]

That’s not the case with jurisdictions within a state, where states have the authority to enforce laws consistently throughout the state, including firearm regulatory measures.

The argument is moot. The OR law that prompted the declaration has been declared unconstitutional, rightfully so, making the need for a sanctuary unnecessary. However, portions of your argument are true. There are portions that are not. The state cannot unilaterally negate the the 2A--no matter how much you whine and cry about it. As they say in TX--"Come Take It"

 

[Batcat]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

That may be but the police don’t have to try real hard either. They can TRY to enforce the law but every time they do something crops up that hinders their efforts. Something like a tasty donut.

 

[struth]

So much for local yokels setting gun policies:

MSN

www.msn.com

Local governments in Oregon can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws, a state appeals court decided Wednesday, in the first court case filed over a concept that hundreds of U.S. counties have adopted in recent years.
The measure in question, which was approved in Columbia County, forbids local officials from enforcing most federal and state gun laws and would impose thousands of dollars in fines on those who try.
The state Court of Appeals ruled that it violates a law giving the state the power to regulate firearms. The ordinance would effectively, it found, “create a ‘patchwork quilt’ of firearms laws in Oregon, where firearms regulations that applied in some counties would not apply in Columbia County,” something lawmakers specifically wanted to avoid.
Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments around the U.S., including in Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, experts say. Many are symbolic, but some carry legal force like the one in Columbia County, a conservative, rural logging area in deep-blue Oregon.
The sanctuary movement took off around 2018 as states considered stricter gun laws in the wake of mass shootings, but it had not previously faced a major legal challenge.
The Oregon case was filed in 2021 under a provision in state law that allows a judge to examine a measure before it goes into effect. A trial court judge originally declined to rule, a decision that was appealed to the higher court.

They can't make a law saying local law enforcement can't enforce state law, but local law enforcement doesn't have to enforce the law.

Has far as Federal law, not state or local govt official has to enforce federal law...