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Friday, November 22, 2024

Judge Upholds Strict Gun Control Law Setting up SCOTUS Challenge

'[Large capacity magazines] are not commonly used for self-defense, and are therefore not protected by the Second Amendment...'

(Headline USA) A federal judge has ruled Oregon’s severe gun control law is constitutional.

U.S. District Judge Karin Immergut ruled that banning large capacity magazines and requiring a permit to purchase a gun falls in line with “the nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety,” Oregon Public Broadcasting reported.

The decision comes after a landmark U.S. Supreme Court decision on the Second Amendment that has strengthened gun rights across the country.

The case, New York State Pistol & Rifle Association v. Buren requires courts to ground their decisions upon “[America’s] historical tradition of firearm regulation.”

Oregon voters in November narrowly passed Measure 114, which requires residents to undergo safety training and a background check to obtain a permit to buy a gun.

The legislation also bans the sale, transfer or import of gun magazines with more than 10 rounds unless they are owned by law enforcement or a military member or were owned before the measure’s passage.

Those who already own high-capacity magazines can only possess them at home or use them at a firing range, in shooting competitions or for hunting as allowed by state law after the measure takes effect.

Large capacity magazines “are not commonly used for self-defense, and are therefore not protected by the Second Amendment,” Immergut wrote. “The Second Amendment also allows governments to ensure that only law-abiding, responsible citizens keep and bear arms.”

The latest ruling in U.S. District Court is likely to be appealed, potentially moving all the way up to the U.S. Supreme Court.

The Oregon measure’s fate has been carefully watched as one of the first new gun restrictions passed since the Supreme Court ruling last June.

Adapted from reporting by the Associated Press

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