U.S. federal judge upholds Oregon Ballot Measure 114 gun permit requirement, magazine regulations
Thursday, July 20, 2023
On Friday, U.S. District Court Judge Oregon against four consolidated lawsuits. The measure banned the possession, use, production, or transfer of (LCMs) holding more than ten rounds of ammunition, with exceptions, and required prospective gun owners to get a permit.upheld the constitutionality of
Among the plaintiffs were special interest groups, gun sellers and owners, county sheriffs, and a security professional.
Immergut's ruling did not affectCircuit Court Judge Robert Raschio's order on December 6 preventing Measure 114 from coming into force, a trial for which was scheduled for September.
Immergut determined the "permit-to-purchase framework", with a background check, safety training, and evaluation of the applicant's mental health as prerequisites, "is consistent with the type of regulations that the United States Supreme Court has deemed constitutional under the [to the Constitution of the United States]."
She also determined the regulation of LCMs, as they had "uniquely dangerous propensities", was "consistent with this Nation's history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety."
The judge noted Mark Hanish, former Vice President of Marketing and Sales for manufacturer, told the court it sells the same LCMs to the and the nation's civilians; she concluded LCMs "even in civilian hands, are closely related to weapons used in warfare."
During the seven-day trial, lawyers for the plaintiffs argued magazines were necessary to firearms' operation and were therefore arms under the Second Amendment's protection. Immergut ruled "while magazines may often be necessary to render a firearm operable, LCMs are not."
A statement from Oregon Attorney Generalcelebrated Immergut's decision: "Our team looks forward to ultimately prevailing in the state courts as well [...] Measure 114's provisions – passed by Oregon voters – are common sense safety measures that will save lives."
The Oregon Firearms Federation toldImmergut's ruling is "simple nonsense and sure to be overturned at the ."
50.65% of Oregon voters passed Measure 114 into state law on November 8, 2022.
- "Oregon Measure 114, Changes to Firearm Ownership and Purchase Requirements Initiative (2022)" — , July 15, 2023 (date of access)
- Conrad Wilson, Jonathan Levinson. "Federal judge says Oregon's new gun rules don't violate US Constitution" — , July 14, 2023
- Aimee Plante. "Federal court rules Measure 114 constitutional despite criticism" — , July 14, 2023
- Karin J. Immergut. "Findings Of Fact And Conclusions Of Law" — , July 14, 2023 (PDF)