A federal trial in Oregon began Monday to determine the constitutionality of a voter-approved measure that would implement more restrictions on firearms.
The gun control ballot initiative, Measure 114, enacts tough permit-to-purchase requirements for firearms, requiring applicants to undergo a safety course and strict background check first in order to obtain a permit.The rule bans the manufacture, sale, possession, and transfer of magazines that can hold over 10 rounds of ammunition. Permits must be issued by the Department of State Police, and violations are a class A misdemeanor.
However, the measure is stalled after a Harney County District Court judge blocked it this year in a lawsuit issued in December 2022, and the case is expected to be heard in a trial in September. Last month, Immergut denied Oregon's motion for summary judgment and the plaintiffs' motion for a partial summary, saying,"This case implicates novel questions of law as well as issues of public importance," adding the 9th Circuit has warned against deciding on summary judgment,"unless it is clear that more complete factual development could not possibly alter the outcome," as written in the ruling.
One of the plaintiffs is the nonprofit organization Oregon Firearms Federation, which first filed a federal suit in November 2022, which argues that the background check protocols are “clearly not allowed under the plain language of the Second Amendment,” as stated on the organization's website.
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