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.
Arms. Not guns.
We’ve decided it’s not okay for someone to have a Patriot missile, nuclear landmine, warships, and many other arms.
Not according to the Supreme Court, over and over again.
Heller - 2008:
https://supreme.justia.com/cases/federal/us/554/570/
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
McDonald - 2010 (because Heller involved Washington D.C., a 2nd ruling showed that it also applies to states as well).
https://supreme.justia.com/cases/federal/us/561/742/
“The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.”
Caetano - 2016 - This one is fascinating. I wish more people read it. Woman had an abusive ex, bought a taser to protect herself. MA went after her arguing “tasers didn’t exist back then, 2nd Amendment doesn’t apply.” Supremes “um actually’d” them hard.
https://supreme.justia.com/cases/federal/us/577/14-10078/
“The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”
Bruen - 2022
https://supreme.justia.com/cases/federal/us/597/20-843/
"The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered."
Sooo…
When you look at all 4 of these rulings together…
Washington D.C. can’t ban an entire class of weapon, or require they be kept locked or disassembled. Militia membership is not required (Heller).
That same restriction applies to the States as well (McDonald).
The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).
States cannot apply additional restrictions on gun ownership or possession (Bruen). Citizens only need to pass a criminal check.
No they don’t, at the pro-gun communities insistance.
They really do, and I say that as a gun owner. You are not free to skate on the criminal background check.
I assume you agree with SCOTUS on Dredd Scott and ending Roe v. Wade since that’s what makes things right.