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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    51 year ago

    If I can barge into this comment chain, the confusion seems to stem from your initial comment.

    It’s not really “common sense” though. The Constitution clearly says you have a right to own a gun.

    The state can’t then come through and require a permit to own a gun.

    It’s a Right, not a “right”*.

    Isn’t the application of an FFL the state requiring a permit to own a (certain kind of) gun? Likewise, the state telling folks they can or can’t own guns just because of a few measly felonies…isn’t that against a strict interpretation of the Second Amendment? Doesn’t that deny them a “Right”?

      • @[email protected]
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        51 year ago

        Sorry, I took a more international route with the terminology: I meant state as in The State, not an individual state in the USA. Federal laws restricting the purchase of a firearm is IMHO the State interfering with the Second Amendment, if you’re taking a severely strict interpretation of it.

        So that’s my question: is it OK to have the Federal restrictions on what you can buy (e.g. requiring a permit!), and from disallowing Felons? I’m a gun owner myself, but if you go back to what I opened with: the discrepancy between “The state can’t then come through and require a permit to own a gun” and seemingly OK with some Federal oversight is a hangup for a lot of us. If a handful of laws are common sense (no felons), why can’t we enact other common sense laws?