By Bob Walsh
Measure 114 would prohibit Oregonians from owning this neat pistol magazine
The state has just rested their case in Harney County
Circuit Court in front of Judge Robert Raschio on whether or not Oregon
Measure 114 is legal under Oregon law. The judge has blocked
implementation of 114 pending the current trial. The outcome is
expected within 60 days.
If
upheld the law would primarily do two things. It would block the
ownership of ammunition magazines that hold more than 10 rounds. It
would also make it functionally impossible for a private citizen to
purchase a firearm in Oregon.
The
measure as approved by voters (by a microscopic margin) requires that
prospective purchasers of firearms get a full background check from the
feds. Not just a criminal records check. The FBI has announced that,
as a matter of law, they can NOT do this and will not do this. No
background check, no purchase permit, no gun.
A
federal judge in Oregon has already said that the measure is NOT a
violation of the United States Constitution. That matter is under
appeal. A federal judge in CA has just ruled that the CA magazine ban
is in fact NOT constitutional.
The
Oregon state constitution protects firearms that were in common use
when the Constitution was adopted, in 1859, or their modern
equivalents.
The issue
will certainly be appealed by somebody to the Ninth Circuit and it is
highly likely it will end up in SCOTUS. In the meantime, with a bit of
luck, gun owners will receive a nice Thanksgiving present on the issue.
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