Federal judge rules Oregon’s tough new gun law is constitutional
A federal judge has ruled Oregon’s voter-approved gun control measure — one of the toughest in the nation — is constitutional
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A federal judge has ruled Oregon’s voter-approved gun control measure – one of the toughest in the nation – 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 upended gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books. It changed the test that lower courts had long used for evaluating challenges to firearm restrictions, telling judges that gun laws must be consistent with the “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.