21-1255 Bianchi v. Frosh was heard by the fourth circuit court of appeals on Tuesday Dec. 6th, 2022. As of today, the 7th, I have not been able to find a transcript of the oral arguments. Once I find a transcript I’ll have more to say. I really don’t want to transcript it myself nor pay somebody else to do so.
Nothing was decided. One of the pundits I follow, a 2A lawyer, seems to feel like things will go our way but that there were issues in the line of questioning.
The gist, as he tells it, is that the judges on the panel wanted the plaintiffs (good guys) to prove that AR-15s are covered within the scope of the second amendment. The argument should have been Heller “common use means it is covered.” Caetano says that greater than 200,000 is “in common use”
The path that the state is taking is to turn Bruen upside down and force the good guys to prove that the thing is covered and that there are no laws that are analogous to the law being challenged. Bruen specifically says that it is the Government’s task to prove that a law that is analogous existed in 1791. It is upto the Government to prove that an arm is not within the scope.
The state’s argument is that there should still be means-end to determine if an arm is just to evil/nasty/lethal/black to be covered by the second amendment.
In better news, parts of measure 114 out of Oregon have been stopped temporarily. The state is saying they need more time to get the permitting/training/registration system in place and the people arguing that it should never happen. So the judge put a delay on it for the time being.
This should mean that people in Oregon can still buy firearms.
I didn’t see the PSA warning about shipping to Oregon before and I had not looked for it. I don’t see it today either when I did look for it. I don’t know if it was removed but there is nothing in their “firearm shipments” section that indicates a ban on shipping to Oregon.