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submitted 2 years ago by ickplant@lemmy.world to c/news@lemmy.world

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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[-] AlexWIWA@lemmy.ml 7 points 2 years ago

If they had left out the magazine restriction then this probably would have been a slam dunk bill.

[-] firewyre@lemmy.world 6 points 2 years ago

so change that shitty constitution

[-] jordanlund@lemmy.world 6 points 2 years ago

We've been talking locally about this law since it passed and it's clear, in the wake of other court rulings, it would not stand.

Notably:

Maryland - struck down today as well:
https://apnews.com/article/maryland-handgun-license-law-ruling-2094424b0cea9e6a2eda34f280cb1156

Or the New York law which required special permission to carry. If the Supreme Court blocked that, there's no way they'd allow a special permit to own.

https://supreme.justia.com/cases/federal/us/597/20-843/

"We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

It is so ordered."

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this post was submitted on 22 Nov 2023
405 points (98.3% liked)

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