Monday, July 17, 2023

Appeal Promised Against Federal Court Decision Affirming Oregon Gun Law


The Second Amendment Foundation's (SAF) leader assured in a succinct email response that they will certainly contest the recent federal district court decision, which confirms the legitimacy of Oregon's stringent gun control Measure 114. 

Alan Gottlieb, SAF's founder and executive vice president, affirmed their plan to appeal when asked about it. 

US District Judge Karin Immergut argued in her 122-page verdict that plaintiffs failed to prove that the Second Amendment covers high-capacity magazines capable of discharging more than ten rounds without a reload. Even if it did, the court finds that Oregon's constraints on large-capacity magazines align with the country's historical firearm regulations.

Oregon Firearms Federation (OFF), one of the several entities challenging the law through a merged set of four federal lawsuits, vehemently criticised the ruling. OFF labelled Judge Immergut's decision as nonsensical and said it disregards the rights of gun owners, the Second Amendment, and the basic comprehension of English.

Judge Immergut's ruling seems to overlook key facts regarding firearms and self-defense, particularly the widespread use of modern semi-automatic pistols for personal safety, which often come equipped with magazines carrying more than ten rounds. 

Oregon Attorney General Ellen Rosenblum lauded the decision, even as she recognized that the law couldn't yet be enforced due to ongoing state court challenges. A local Harney County judge has arranged for a trial in September, around which time Judge Immergut's ruling is expected to be appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco.

Almost all gun rights organizations nationwide were implicated in these four consolidated federal lawsuits, including the SAF, OFF, the Firearms Policy Coalition, National Shooting Sports Foundation, Oregon State Shooting Association, and several private individuals and Oregon sporting goods stores.

Another lawsuit challenging Measure 114 under the Oregon State Constitution has been filed by Gun Owners of America, the Gun Owners Foundation, and various private individuals. 

The media perceives Measure 114 as one of the toughest gun control laws in the country. It necessitates safety training evidence to buy a firearm, mandates a purchase permit from a police agency, and prohibits magazines with over ten rounds.

Judge Immergut, a nominee of Donald Trump, repeatedly backed the defendants and Measure 114 throughout her ruling.

OFF's statement criticises Judge Immergut as both "painfully ignorant" and "in the pocket of Oregon's far-left Department of Justice."

The close approval of Measure 114 in November 2022 (50.6% for, 49.4% against) led to neighboring Washington state enacting a law extending a 10-day waiting period for the purchase of all firearms. 

It's not clear when SAF or any other plaintiffs from the four federal challenges will lodge appeals. Legal experts for those plaintiffs are undoubtedly examining Judge Immergut's ruling since it was released last Friday. SAF is the sole group involved in two different challenges to Measure 114. A trial was conducted earlier last month in Portland.

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