Second Amendment Challenge Denied for Oregon Gun Law

A federal judge in Oregon issued a ruling on Friday upholding one of the strictest gun prohibitions in the country, a new state legislation. Judge Karin Immergut of the United States District Court for the District of Columbia upheld the constitutionality of restrictions on large-capacity magazines holding more than 10 rounds in Ballot Measure 114, finding that such magazines are “not commonly used for self-defense, and are therefore not protected by the Second Amendment.”

“Even if LCMs are protected by the Second Amendment, the restrictions in BM 114 are consistent with this Nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety,” the ruling concluded.

Background checks are tightened, and ammunition magazines with more than 10 rounds are illegal to sell or transfer. Additionally, it puts an end to the “Charleston Loophole,” which permits gun sales to go through automatically after three days if a background check has not been conducted.

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Before a firearm can be sold or transferred legally, state police must conduct background checks on the buyer and the seller. The law has been challenged in court multiple times since it was passed in November, with the NRA’s legislative action arm calling it “the nation’s most extreme gun control Initiative.”

While large-capacity magazines are included in the list of “bearable arms” in the US Constitution, Judge Immergut ruled that they are a “subset of magazines” and not protected by the Second Amendment. “Magazines are an accessory to firearms, rather than a specific type of firearm,” Immergut said.

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At the time of the Second Amendment’s ratification through to the late nineteenth century, firearm accessories like cartridge boxes – which held ammunition but, unlike modern magazines, did not feed the ammunition into firearms – were not considered ‘arms’ but instead were considered ‘accouterments,’” the ruling said.

The year 2022 was the second deadliest in the United States, and lawmakers responded by passing a number of gun restriction measures, including this one.

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