Second Amendment victory: Judge rules Oregon gun-control law is unconstitutional

by WorldTribune Staff / 247 Real News November 24, 2023

A Harney County Circuit Court judge has ruled that Oregon’s new gun-control law, approved by a slim majority of voters last year under ballot Measure 114, is unconstitutional.

Measure 114 would require anyone who wants to purchase a firearm in Oregon to take a safety course and pass a test to receive a permit to make the purchase. It also requires a completed background check for purchases and bans magazines holding over 10 rounds of ammunition.

Judge Robert Raschio said all of those provisions are unconstitutional.

“Oregon citizens have a right to self defense against an imminent threat of harm, which is unduly burdened by Ballot Measure 114,” Raschio wrote in his Nov. 21 ruling, saying the restrictions diminish public safety.

Measure 114 is now blocked from taking effect unless a higher state court overturns Raschio’s decision.

Two sheriffs and the Oregon State Police superintendent testified about the importance of high-capacity magazines over the objection of the state’s attorneys who argued their testimony was irrelevant because Measure 114 exempts law enforcement from the magazine ban, reported.

Union County Sheriff Cody Bowen and Harney County Sheriff Dan Jenkins both said their jurisdictions cover large geographic areas where response times can be lengthy. They also said their deputies have often relied on armed civilians to provide cover for them during incidents and that residents and deputies use their firearms to protect themselves, their families and their livestock from predators including bears, wolves and coyotes.

In his decision, Raschio said Bowen “demonstrated definitively citizens cannot rely on law enforcement to respond quickly to their needs if they are subject to a break in or threat of deadly physical harm.

“Victims can be left without a law enforcement response for hours,” the judge wrote. “A citizen’s need to protect themselves, their loved ones and their property is immediate as there is no one else (who) will be there to do it for them.”

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