Voter-approved Oregon gun control law violates the state constitution, judge rules
Voter-approved Oregon gun control law violates the state constitution, judge rules
An Oregon judge has ruled that a voter-approved gun control law violates the state constitution. The decision on Tuesday continues to block it from taking effect and casts fresh doubt over the future of the embattled measure.
A voter-approved Oregon gun control law violates the state constitution, a judge ruled Tuesday, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.
The law requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines.
The plaintiffs in the federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals. The case could potentially go all the way to the U.S. Supreme Court.
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For reference, the bit in the Oregon state constitution is as follows:
Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
Pretty similar to the US constitution's second amendment. If SCOTUS was consistent, I think they'd rule in parallel to what's been established elsewhere for licensing, purchasing restrictions, etc.
That is much more clear than the 2nd Amendment. That mentions the right to bear arms for self defense. The 2nd Amendment mentions the right to bear arms to defend the state.
This is true, the 2nd Amendment specifically states that the right to keep and bear arms is necessary for "a Free State".
However, enter the Supreme Court:
https://supreme.justia.com/cases/federal/us/554/570/
Really, the history of the issue and the citations they made are all worth reading before you get to the conclusion:
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,[Footnote 27] banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster."
So then people who have a history of using them for crime which is very much not self defense ought not apply?
If they're convicted felons, yes.
And yet the court said the opposite, because they don't care
No court has ruled that felons can be gun owners, nor should they.
Read the article. An a law requiring background checks to block felons from purchasing guns was blocked, so they can only enforce it after the fact
That's not what this law proposed. The background check blocking felons from purchasing a gun is still in place and it's a federal regulation, not a state one.
What the court blocked was a requirement that you get certified training (which doesn't exist) and a background check BEFORE you can buy a gun.
So it was a super-double background check which was wholly unmerited.
“The court finds that 10-round magazine bans are no panacea to prevent a mass shooter,” he wrote.
“People tend to believe these events are prolific and happening all the time with massive levels of death and injury,” he added. “The court finds this belief, though sensationalized by the media, is not validated by the evidence.”
Yeah, the judge sounded more interested in his own opinions than the law.