Oregon Measure 114 gun control challenge heard in court

Second Amendment


A federal judge Friday heard sharply contrasting arguments about whether gun control Measure 114′s regulations are constitutional in what she described as a very complicated case amid a new legal landscape.

After a two-hour hearing, U.S. District Judge Karin J. Immergut said she’ll issue a written ruling early next week on whether to grant a temporary restraining order or allow the measure to take effect as scheduled next Thursday.

If the measure is allowed to become state law, Oregon Senior Assistant Attorney General Brian Simmonds Marshall told the judge that Oregonians will be able to apply for a permit to purchase a gun on Dec. 8.

The courtroom’s public gallery immediately erupted with laughter at Marshall’s pledge, as many gun rights advocates have been skeptical that the state police or local sheriffs can have a functioning system in place in such a short period of time.

The voter-approved measure, which narrowly passed with 50.7% of the vote, will ban the sale, transfer and manufacture of magazines that hold more than 10 rounds; require a permit to purchase a gun; and ban gun sales or transfers without a completed background check.

Marshall said Oregon will join 12 other states that already ban large-capacity magazines.

“We will become the 13th. I don’t think there’s a really good reason we should be the only ones to be enjoined,” he said, in response to the critics call for a temporary restraining order to be followed by a preliminary injunction.

The proponents of the measure, a grassroots interfaith group Lift Every Voice Oregon, drafted it to reduce mass shootings, homicides and suicides. Blocking the ban on large-capacity magazines would create a significant risk of a “single individual killing large numbers of people,” Marshall said.

“These are not useful for self-defense. They’re extremely dangerous,” he said.

The Oregon Firearms Federation, three county sheriffs and two gun store owners from Keizer and Pendleton filed the first challenge to the broad measure last week. Two other suits followed soon after, one from the Bellevue, Wash.-based Second Amendment Foundation and another by the Oregon State Shooting Association, the state’s affiliate of the National Rifle Association. A fourth suit was expected by the end of Friday.

Most of Friday’s legal arguments centered on the ban on magazine capacity.

Immergut asked lawyers who have sued the state to explain what evidence backed up their argument that magazines with more than 10 rounds are commonly used in self-defense.

She also sought to find out whether they believe the court has any authority to regulate any gun or any type of ammunition, including body armor-piercing bullets or machine guns.

The judge further pressed to understand whether she can factor current usage of large-capacity magazines in her decision.

If a magazine with a certain number of rounds that seems innocuous but has been used “in a way that perhaps wasn’t contemplated,” such as in mass shootings, can the magazine then be considered dangerous and unusual, she asked.

Attorney John Kaempf, on behalf of the firearms federation, three sheriffs and two gun store owners, and Attorney WIlliam Bergstrom, representing the Second Amendment Federation, argued that magazines that hold more than 10 rounds are prolific nationwide and have been commonly used for self defense by law-abiding citizens since the 18th century.

“Under Bruen, it’s a new day,” Kaempf argued, referring to the landmark ruling by the U.S. Supreme Court in June, which struck down a New York law that placed strict limits on carrying guns outside the home.

In the high court’s ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, the 6-3 majority directed lower courts to use a new “text-and-history” standard when evaluating challenges to firearms regulations. Courts must determine whether “the Second Amendment’s plain text” protects the conduct in which the plaintiff wishes to engage, and if it does, then decide if the regulation “is consistent with this Nation’s historical tradition of firearm regulation.”

Kaempf argued that there’s a presumptive right to bear arms and that the Supreme Court ruling this summer made it clear that government can’t restrict the use of weapons that are in common use. If magazines that hold more than 10 rounds are barred, it “would make Oregonians less safe,” he said, adding that law-abiding people would be hamstrung “when ambushed in the dark.”

“We just want you to preserve the status quo – the way it’s been for decades,” he said.

He told the judge it’s not up to her to weigh or balance current societal concerns.

“I have great respect for your honor. And what Bruen is telling you is it’s not up to you,” he said, pointing at the judge. “We already had balancing. It happened in 1791 when we passed the Second Amendment. The balancing (test) is over.”

Immergut noted that the Supreme Court ruling, though, made it clear that its decision is not a “regulatory straight jacket” and allows a variety of gun regulations.

Marshall, of the attorney general’s office, argued that large-capacity magazines have only entered U.S. commerce in recent years, citing statistics that they’ve made up 1% of firearm use in 1955, and by 1995, 7% of use.

He also urged the court to consider an analysis done by Lucy P. Allen , an economic consultant who studied the NRA’s Armed Citizen database of shootings from January 2011 through May 2017. Allen found that it’s extraordinarily rare for a person, when using guns in self-defense, to fire more than 10 rounds. Allen found that armed defenders fired 2.2 rounds on average.

Bergstrom, representing the Second Amendment Foundation, argued that the Supreme Court’s guidance in the New York case restricts regulations of anything but “dangerous and unusual arms.” He said magazines of more than 10 rounds have not proven to be unusual or dangerous.

In fact, he said, Americans have owned as many as half a billion of these magazines.

Kevin Starrett, head of the Oregon Firearms Federation, submitted a declaration, writing that “perhaps a majority” of all guns sold in the United States come from the factory with magazines that hold more than 10 rounds, and rifles with magazines that hold up to 30 rounds.

Even if the magazines are common now, the judge asked, what’s the evidence these larger-capacity magazines are commonly used for self defense. She further questioned if there’s a point where a certain number of rounds in a magazine would make it dangerous.

“There may well be….It’s well above 10,” Bergstrom responded. He pointed to a 2021 National Firearms Survey that found guns with magazines that carry more than 10 rounds are most commonly used for recreational target shooting, home defense, hunting and defense outside the home.

The judge confirmed that Measure 114 doesn’t restrict anyone from having multiple magazines that hold up to 10 rounds, and that larger-capacity magazines can still be used on the shooting range, in shooting competitions on private property or for recreational purposes, such as hunting.

Several members of Lift Every Voice Oregon, including chief petitioner Marilyn Keller, attended the hearing. Union County Sheriff Cody Bowen, who joined with the firearms federation to block the measure, and Klamath County Sheriff Chris Kaber, not involved in any of the lawsuits, were among those who also attended the hearing.

“I’m frustrated we’re here to begin with,” Bowen said afterwards, adding that he thinks the focus shouldn’t be on guns but on increasing Oregon’s mental health and addiction services. He said he still doubts the state will be ready to put the measure into effect, contending the state police computer systems aren’t even compatible with some local sheriff and police systems.

Kaber said he came to support his colleagues. Whichever way the judge rules, he said he’ll do everything he can to make sure “law-abiding people” in his county can obtain guns through the permit system, if necessary, though he doesn’t support it.

— Maxine Bernstein

Email mbernstein@oregonian.com; 503-221-8212

Follow on Twitter @maxoregonian

Our journalism needs your support. Please become a subscriber today at OregonLive.com/subscribe





Source link

Articles You May Like

North Dakota lawmakers to consider full clip of bills expanding gun privileges – InForum
Whitmer to call for red flag gun laws in State of the State address
America’s gun culture through the eyes of Australian reporter
‘Constitutional carry’ gun bill faces opposition from Lincoln, Omaha police again this year
Sen. Gutierrez demands accountability after Uvalde

119 Comments

  1. Thanks for sharing excellent informations. Your web-site is very cool. I’m impressed by the details that you?¦ve on this web site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and simply could not come across. What a perfect website.

  2. The following time I read a weblog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my option to read, however I truly thought youd have something interesting to say. All I hear is a bunch of whining about something that you would fix should you werent too busy in search of attention.

  3. you are really a good webmaster. The web site loading speed is incredible. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you have done a fantastic job on this topic!

  4. I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all website owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.

  5. Thanks so much for providing individuals with an extraordinarily nice chance to read articles and blog posts from this site. It is usually very fantastic and as well , stuffed with a great time for me personally and my office friends to search your blog the equivalent of three times in a week to see the latest things you have. And of course, I am just at all times happy concerning the breathtaking tips and hints you serve. Certain 1 facts in this post are essentially the simplest I have had.

  6. Hi there, just became aware of your blog through Google, and found that it’s really informative. I am going to watch out for brussels. I will appreciate if you continue this in future. Many people will be benefited from your writing. Cheers!

  7. Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such great information being shared freely out there.

  8. Thank you a lot for giving everyone an extremely remarkable opportunity to check tips from this web site. It’s usually very excellent plus jam-packed with a lot of fun for me personally and my office colleagues to visit the blog on the least three times in a week to find out the newest items you have. And lastly, I’m so certainly contented with all the magnificent opinions served by you. Selected 4 tips in this article are absolutely the most impressive I have had.

  9. Hi, Neat post. There’s a problem together with your site in internet explorer, would check this?K IE nonetheless is the marketplace chief and a large element of people will pass over your excellent writing because of this problem.

  10. You really make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  11. What i don’t realize is in reality how you’re no longer really much more smartly-appreciated than you may be now. You’re very intelligent. You understand therefore considerably with regards to this topic, produced me personally imagine it from so many numerous angles. Its like men and women aren’t fascinated unless it¦s something to do with Woman gaga! Your individual stuffs outstanding. At all times care for it up!

  12. Hi , I do believe this is an excellent blog. I stumbled upon it on Yahoo , i will come back once again. Money and freedom is the best way to change, may you be rich and help other people.

  13. We absolutely love your blog and find most of your post’s to be just what I’m looking for. Does one offer guest writers to write content for you? I wouldn’t mind creating a post or elaborating on most of the subjects you write related to here. Again, awesome web site!

  14. Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is wonderful blog. An excellent read. I’ll definitely be back.

  15. Merci pour les bons article . Je actuellement enquêter ce sujet pour un jour . Les articles et détails que vous précisez, je n’étais pas au courant . Je serai suivant votre blog maintenant et idéalement vous pouvez extra pensées et idées.

  16. A powerful share, I just given this onto a colleague who was doing a little evaluation on this. And he the truth is purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying extra on this topic. If possible, as you become expertise, would you mind updating your blog with more details? It is extremely useful for me. Huge thumb up for this blog post!

  17. Appreciating the commitment you put into your website and in depth information you provide. It’s great to come across a blog every once in a while that isn’t the same unwanted rehashed material. Excellent read! I’ve saved your site and I’m including your RSS feeds to my Google account.

  18. Excellent blog here! Also your website quite a bit up fast! What web host are you the usage of? Can I get your affiliate link in your host? I want my website loaded up as fast as yours lol

  19. Thank you for another informative blog. Where else could I get that kind of information written in such an ideal way? I’ve a project that I’m just now working on, and I have been on the look out for such information.

  20. Some really fantastic info , Gladiolus I found this. “Treat your friends as you do your pictures, and place them in their best light.” by Jennie Jerome Churchill.

  21. Excellent site. Lots of useful info here. I’m sending it to some pals ans additionally sharing in delicious. And obviously, thanks on your sweat!

  22. Wow, amazing weblog layout! How long have you been blogging for? you make blogging glance easy. The total glance of your web site is excellent, as smartly as the content material!

  23. Hey! This is kind of off topic but I need some help from an established blog. Is it very difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to start. Do you have any tips or suggestions? With thanks

  24. Yesterday, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My apple ipad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  25. An interesting discussion is worth comment. I think that you should write more on this topic, it might not be a taboo subject but generally people are not enough to speak on such topics. To the next. Cheers

  26. I was very pleased to find this net-site.I needed to thanks in your time for this glorious learn!! I positively enjoying each little little bit of it and I’ve you bookmarked to check out new stuff you blog post.

  27. Cool blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog stand out. Please let me know where you got your theme. Bless you

  28. Hi there! This is my 1st comment here so I just wanted to give a quick shout out and tell you I truly enjoy reading your blog posts. Can you recommend any other blogs/websites/forums that go over the same subjects? Many thanks!

  29. I think that is one of the so much significant information for me. And i am glad reading your article. But should observation on few normal things, The website style is perfect, the articles is in reality nice : D. Just right process, cheers

  30. Merci pour les grands rapport . Je actuellement étude ce sujet pour un jour . Les articles et détails que vous précisez, je n’étais pas au courant. Je pourrait être suivant votre site Web maintenant et J’espère vous ferez beaucoup plus pensées et idées.

  31. Can I just say what a relief to find someone who actually knows what theyre talking about on the internet. You definitely know how to bring an issue to light and make it important. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.

  32. You actually make it seem so easy together with your presentation but I to find this matter to be actually one thing which I believe I’d by no means understand. It kind of feels too complex and very extensive for me. I am having a look forward in your next submit, I will attempt to get the cling of it!

  33. I’m now not sure where you’re getting your information, however good topic. I needs to spend a while learning much more or figuring out more. Thank you for fantastic information I was on the lookout for this info for my mission.

  34. Great goods from you, man. I have understand your stuff previous to and you’re just extremely fantastic. I really like what you’ve acquired here, certainly like what you are stating and the way in which you say it. You make it entertaining and you still take care of to keep it smart. I can’t wait to read much more from you. This is actually a tremendous web site.

  35. I’m really inspired together with your writing skills as smartly as with the layout to your weblog. Is this a paid topic or did you modify it yourself? Either way stay up the nice quality writing, it’s rare to look a great blog like this one these days..

  36. obviously like your web site but you need to test the spelling on several of your posts. Many of them are rife with spelling problems and I in finding it very troublesome to inform the truth however I’ll certainly come back again.

  37. Thanx for the effort, keep up the good work Great work, I am going to start a small Blog Engine course work using your site I hope you enjoy blogging with the popular BlogEngine.net.Thethoughts you express are really awesome. Hope you will right some more posts.

  38. Ich nicht sicher, woher Sie Ihre Informationen bekommen, aber großartiges Thema. Ich muss etwas Zeit damit verbringen, mehr zu lernen oder mehr zu verstehen. Danke für ausgezeichnet Informationen Ich habe nach diesen Info für meine Mission gesucht.

  39. Hi, Neat post. There’s a problem with your website in internet explorer, would test this… IE still is the market leader and a huge portion of people will miss your great writing due to this problem.

  40. Wow! This can be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Actually Wonderful. I’m also an expert in this topic therefore I can understand your effort.

  41. Can I simply say what a relief to seek out somebody who really is aware of what theyre speaking about on the internet. You undoubtedly know learn how to bring a difficulty to mild and make it important. Extra individuals must read this and perceive this aspect of the story. I cant believe youre no more common because you definitely have the gift.

  42. Very nice post. I just stumbled upon your weblog and wished to mention that I have really enjoyed browsing your blog posts. In any case I will be subscribing to your feed and I’m hoping you write once more soon!

  43. I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

  44. Howdy just wanted to give you a quick heads up. The words in your article seem to be running off the screen in Chrome. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the issue fixed soon. Thanks

  45. It’s a pity you don’t have a donate button! I’d without a doubt donate to this excellent blog! I guess for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this site with my Facebook group. Talk soon!

  46. I was suggested this web site via my cousin. I’m now not positive whether or not this submit is written by him as no one else recognize such unique about my trouble. You are incredible! Thank you!

  47. you are really a good webmaster. The site loading speed is incredible. It seems that you’re doing any unique trick. Moreover, The contents are masterpiece. you have done a excellent job on this topic!

  48. I have to express some appreciation to you for rescuing me from such a instance. After browsing throughout the world-wide-web and finding ways which are not productive, I thought my entire life was gone. Existing without the answers to the issues you have fixed through this report is a critical case, as well as the ones which could have in a wrong way damaged my entire career if I hadn’t come across your web page. Your knowledge and kindness in maneuvering the whole lot was important. I’m not sure what I would have done if I had not encountered such a thing like this. I am able to at this point look forward to my future. Thanks a lot very much for your specialized and result oriented guide. I will not be reluctant to propose the blog to anybody who desires guide on this subject matter.

Leave a Reply

Your email address will not be published. Required fields are marked *