A voter-approved Oregon gun control law violates the state constitution, a judge ruled Tuesday, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.

The law requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines.

The plaintiffs in the federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals. The case could potentially go all the way to the U.S. Supreme Court.

  • @[email protected]
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    1 year ago

    So, the first amendment gives you the right to free speech, and yet inciting a riot or other dangerous forms of speech are still not protected.

    Arms does not mean guns. It just means weapons and/or armor. Dangerous things can and should be protected. Not all weapons need be for the public, as I’m pretty sure no one would be okay with any civilian having their own nuke stockpile. I don’t see why we can’t dial it back a bit more to try and reduce access to guns when we’ve continually seen how much destruction they can cause.

    • BaroqueInMind
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      601 year ago

      I’ve been saying this for a while here: the only way anyone can see gun control laws pass within a normal human lifetime is to have all minorities purchase and bear arms, and then go out and protest peacefully with said arms.

      The only way you can have Republicans vote against their own interests is to appeal to their racism/sexism/genderism; this is what the Black Panthers did in California and how Republicans unanimously voted in favor of gun control. All gun control laws stem from racism, and this fact needs to be leveraged.

      • @[email protected]
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        381 year ago

        This is exactly why Ronald Reagan instituted gun laws in the in California. The Black Panthers started showing up to the state capitol with guns and there were no laws against it.

      • Frog-Brawler
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        1 year ago

        100% in agreement. Not just minorities… everyone that leans left too. I’d really like to see some funding go towards providing free firearms training courses for the trans community.

      • @[email protected]
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        111 year ago

        The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).

        That seems to conflict with Miller though? A short barrel shotgun apparently wasn’t standard military issue so it wasn’t legal for possession?

        1. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
        1. The “double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230,” was never used in any militia organization.
        • TonyStew
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          1 year ago

          New precedent trumps old precedent. It’s why Brown v Board is the law of the land and Plessy v Ferguson isn’t. There (to my knowledge) hasn’t been a challenge to the NFA that’s reached the Supreme Court since that Caetano case in 2016 and the court hasn’t explicitly struck down the prior precedent of its legality, so it still stands based on the other points in the ruling. Even the current NFA-related cases against bump stock and pistol brace bans working through courts are based more on whether the ATF can consider them as NFA items rather than whether the NFA itself can be considered constitutional, so it’s likely to stick around.

    • Alto
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      91 year ago

      We can argue whether or not it’s still relevant today/how it needs to be changed, but trying to claim that the second amendment doesn’t very, very heavily imply firearms is disingenuous at best.

    • TonyStew
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      1 year ago

      Wild to see liberal interpretation go from “militia means military” to “arms doesn’t even mean guns”. At least acknowledges it as a right of the individual, which is a step in the right direction I guess. Hell of a take when even the strictest court precedent in US v Miller acknowledges it as the right of the individual to military arms, curious how this take spins the militia line.

      • @[email protected]
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        171 year ago

        Wild to see Conservative interpretation go from “well regulated doesn’t mean well regulated” to “militia means me.”

        • TonyStew
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          1 year ago

          “Go to” as if I didn’t just cite that its most stringent supreme court interpretation from 100 years ago establishes it as a right of the individual. And I ain’t no fucking fascist.

      • Flying Squid
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        1 year ago

        The court recently said nationally legal abortion was unconstitutional. Do you agree? If not, curious how you spin that since SCOTUS decisions make right.