Monday, February 6, 2023

Federal judge approves new ban on high-capacity chargers in Oregon-Washington Hispanic


A federal judge in Portland, Oregon, ruled Tuesday that a new voter-approved ban on high-capacity gun magazines could go into effect Thursday, but local and state law enforcement agencies said they would allow the purchase requirement. Can be suspended for 30 days. Not preparing permit system on time.

However, U.S. District Judge Karin Immergut did not block the purchase permit mandate from taking effect once the permit system was ready, according to the ruling. Oregon Attorney General Ellen Rosenblum filed court papers late Sunday after law enforcement agencies filed affidavits they said could not be ready in time.

“In light of the difficulty the state has acknowledged with respect to the implementation of the permit provisions at this stage, the implementation of those permit provisions is suspended for thirty days,” Emmergut wrote.

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Narrowly passed in the midterm elections, Measure 114 requires new firearms buyers to have a permit, criminal background checks, fingerprinting, and a practical training course and prohibits the sale, transfer, or import of firearms. Is. some cases. The requirement to complete a background check before selling or transferring a gun will also go into effect on Thursday. Previously, a gun could be sold or transferred after three days if the background check didn’t come back.

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Several gun advocacy groups, the local sheriff and gun store owners have filed suit, alleging that the law violates Americans’ constitutional right to bear arms. One of the plaintiffs, the Oregon Firearms Federation, said in a statement Tuesday that they were disappointed by the decision and urged their supporters to be patient while they gather more information about next steps.

“But for now, unless something truly unforeseen happens, please understand that your rights will be severely curtailed once again starting Thursday,” the group wrote.

The Interfaith Coalition, which placed Measure 114 on the ballot, said it appreciated the judge’s decision and understood the need to delay the purchase permit settlement to resolve the process.

“We want the best possible outcome. We want to see the permit this week because it will save lives, but at the same time we understand it will take longer to get it right,” said Mark Knutson, campaign chairman and Lift Every Voice Oregon pastor at Augustana Lutheran Church in Portland.

“For us, it’s about saving lives and safety.”

Tuesday’s ruling is far from the end of the legal wrangling over the new law; At least four cases have been registered against him. And Emmergut’s decision only addresses the initial temporary restraining order requested by gun rights claimants while the courts debate the law’s constitutionality. More hearings in this case are scheduled in the future.

The plaintiffs in the present case (the Oregon Firearms Federation, three sheriffs, a gun store owner and an individual) filed a joint motion seeking an emergency injunction to prevent the law from taking effect and to challenge the ban on high-capacity chargers. The demand was made.

Gun store owners and the Oregon State Police have reported an increase in gun sales and background check requests since the measure passed on November 8, as people seek to buy firearms before it goes into effect.

The fate of Measure 114 is being watched carefully by both gun rights advocates and those seeking harsher limits on gun ownership because it is one of the first to take effect after the Supreme Court ruling. Laws that prohibit carrying guns outside the home.

The June decision marked a change in how the nation’s highest court would assess claims of Second Amendment violations, with the Supreme Court’s conservative majority ruling that justices should no longer consider whether a law Serves the public interest, such as improving public safety.

Instead, judges must weigh only whether the law “conforms with the text and historical understanding of the Second Amendment.”

Gun rights advocates have called the June decision a “wrecking ball” for gun restrictions. Federal judges in Texas have since banned firearms carrying laws against adults under the age of 21 and those accused of purchasing firearms. Judges have also blocked the measures in West Virginia, Delaware and Colorado.

However, other gun regulations have faced challenges since the ruling, including one in California on ghost guns and another in Pennsylvania on non-violent criminals possessing guns.

“This is not an abstract exercise: When a judge strikes down a gun law, he is putting our lives at risk. Bruen may have opened the door on extremism, but he does not close the door on gun safety. is, and states should continue to pass common sense gun safety laws. And we are prepared to go to court to defend them,” Eric Tershwell, executive director of Everytown Law, said in a statement referring to the June decision. Told.

Still, the Supreme Court also remanded a lower court to review a California ban on high-capacity chargers that is similar to the new Oregon law.

Immergut noted in its 43-page decision that the Second Amendment landscape had changed because of the New York case, but also noted that the high court should interpret its decision as a complete rejection of individual state firearms permit regulations. should not be seen in

Citing the New York case, he wrote, the New York decision is not a “statutory straitjacket” to protect the right to “keep and carry any arms in any manner and for any purpose”.

Under new Oregon law, the measure bans the sale, importation, or transfer of magazines larger than 10 rounds, unless owned by a member of law enforcement or the military, or owned before the measure was passed The biggest has been legal criticism. point. Those who already have high-capacity chargers will only be able to keep them in their homes or use them at shooting ranges, at shooting matches or for hunting as permitted by state law after the measures take effect.

Such magazines sold or used by police or members of the military after Thursday will require a special mark to indicate that they are legal under exceptions detailed in the law; Gun store owners must dispose of all other high-capacity magazines after Thursday.

The law also requires gun buyers to obtain a permit to purchase a new gun. Permit applicants must take a state-approved hands-on firearms safety training course with real or dry rounds, present photo identification, and pass a criminal history and fingerprint check. The state will maintain a list of permit holders who are exempt from public disclosure. The $65 permit would be good for five years and could be used to buy multiple guns within that five-year period with a new background check.

According to a study published in 2020, state laws requiring permits to purchase firearms were associated with a 60% lower likelihood of a mass shooting occurring. Meanwhile, the limitation of larger capacity magazines was associated with 38% fewer mass deaths. Shooting, got it.

The defendants noted in their legal documents, which were cited in the judge’s ruling, that every mass shooting since 2004 resulted in 14 or more deaths involving gun magazines containing 10 or more cartridges.

Nation World News Desk
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