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Oregon "Assault Weapon" Ban Attempt, IP 43, Dead: Court Strikes Down Misleading Language

IP 43 Dead: Court Strikes Down Misleading Language

Published by Dominic Aiello at June 27, 2018


This morning, June 27th the Oregon Supreme Court struck down Initiative Petition 43's misleading and political charged ballot title. The court's opinion agreed with the Oregon Outdoor Council's legal team, that the term "assault weapon" is politically charged and has varying definitions. As a result, the ballot title fails to meet the legal obligation to accurately define what the measure does.

In essence, the court agreed and referred IP 43 back to the Oregon Attorney General to be re-written. This move officially runs out the clock on IP 43.

Below is a short quote from the court's opinion.
"[P]etitioners argue that, if a commonly understood meaning of "assault weapons" exists, it refers to military-style weapons, not semiautomatic weapons with the types of features described in IP 43 (many of which, they contend, are "standard"). We cannot say whether that 170 Beyer v. Rosenblum is so, but we do agree (as does the Attorney General) that different voters reasonably could draw different meanings from the term "assault weapons"—some might think that it refers to only military-style weapons; some might think that it refers to the types of weapons that are described in IP 43; and some might think that it refers to an even more broad group of weapons."

"[G]iven the particular definitions set out in IP 43, section 3, we conclude that the caption could accurately state that the proposed measure would criminalize the possession and transfer of many semiautomatic weapons, as well as magazines holding over 10 rounds. We refer the caption to the Attorney General for modification."

You can read the full Ballot Title Opinion here.  http://oregonoutdoorcouncil.org/wp-content/uploads/2018/06/IP-43-Ballot-Title-Opinion.pdf

As you know, the cost to fight IP 43 and 44 have been costly, but critical. Your financial support of our efforts is greatly appreciated, you can send donations via PayPal to info _at_ oregonoutdoorcouncil dot org or by regular mail to PO Box 4193, Hillsboro, OR 97123.

homepage: homepage: http://oregonoutdoorcouncil.org/ip-43-dead-court-strikes-down-misleading-language/