this post was submitted on 22 Nov 2023
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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.

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[–] cybervseas@lemmy.world 146 points 1 year ago (151 children)

I mean if a common sense law like that violates the state constitution, it does seems like the problem is in the constitution or how it's interpreted, not the law…

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[–] alienanimals@lemmy.world 39 points 11 months ago (4 children)

Fixed the headline - Judge rules that Americans need more mass shootings before anything changes.

[–] saunjay1@lemmy.world 13 points 11 months ago* (last edited 11 months ago)

Fixed the headline - Judge rules that Americans need more mass shootings ~~before anything changes.~~

FTFY

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[–] Pratai@lemmy.ca 35 points 1 year ago (2 children)

We can’t have reduced gun crimes in America. It would send the wrong message to the rest of the world that we’re reasonable and give a shit about our own people.

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[–] Bitswap@lemmy.world 28 points 11 months ago (1 children)

This will be overturned. This judge is known for making politically motivated decisions. There is a reason this was filed specifically in Harney County where this yahoo presides.

Guaranteed this is not the last time this will be in the news.

[–] ickplant@lemmy.world 13 points 11 months ago (2 children)

I hope so, will keep an eye on it.

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[–] Femcowboy@lemm.ee 26 points 11 months ago (1 children)

Democracy is when the majority of people vote for a law but because rich people from 100+ years ago say otherwise it doesn't get enacted.

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[–] hpca01@programming.dev 26 points 1 year ago

States rights people really confused prolly.

[–] masquenox@lemmy.world 22 points 11 months ago (55 children)

C'mon, this is easy... all you need is a large gathering of BLM people or antifa packing ARs and boom - this law will mysteriously pass before the media frenzy has had a chance to get it's shoes on.

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[–] reverendsteveii@lemm.ee 21 points 11 months ago

Breaking: one unelected person with an agenda overrules entire state, imposes his personal interpretation of the law

[–] GiddyGap@lemm.ee 20 points 11 months ago (1 children)

People from around the developed world looking at America...shaking my head...

[–] ickplant@lemmy.world 11 points 11 months ago (6 children)

Trust me, Americans who understand what's going on are shaking their heads too. And furiously voting and getting ready to vote. But are there enough of them?

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[–] randon31415@lemmy.world 12 points 1 year ago

And the 21st amendment to the U.S. constitution violated the 18th amendment U.S. constitution. They should have passed this as a state constitutional amendment. Note that the judge didn't say in violated the U.S. constitution, just the state - and another one said that it didn't violate the 2nd amendment.

[–] SheeEttin@lemmy.world 10 points 1 year ago (3 children)

For reference, the bit in the Oregon state constitution is as follows:

Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

Pretty similar to the US constitution's second amendment. If SCOTUS was consistent, I think they'd rule in parallel to what's been established elsewhere for licensing, purchasing restrictions, etc.

[–] SeaJ@lemm.ee 9 points 1 year ago (1 children)

That is much more clear than the 2nd Amendment. That mentions the right to bear arms for self defense. The 2nd Amendment mentions the right to bear arms to defend the state.

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[–] Natanael@slrpnk.net 6 points 1 year ago (5 children)

So then people who have a history of using them for crime which is very much not self defense ought not apply?

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[–] shasta@lemm.ee 9 points 11 months ago

So just pass it as a constitutional amendment

[–] AlexWIWA@lemmy.ml 7 points 11 months ago

If they had left out the magazine restriction then this probably would have been a slam dunk bill.

[–] jordanlund@lemmy.world 6 points 1 year ago (1 children)

We've been talking locally about this law since it passed and it's clear, in the wake of other court rulings, it would not stand.

Notably:

Maryland - struck down today as well:
https://apnews.com/article/maryland-handgun-license-law-ruling-2094424b0cea9e6a2eda34f280cb1156

Or the New York law which required special permission to carry. If the Supreme Court blocked that, there's no way they'd allow a special permit to own.

https://supreme.justia.com/cases/federal/us/597/20-843/

"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."

[–] FlexibleToast@lemmy.world 7 points 1 year ago (1 children)

That's what makes gun control such a difficult problem. People seem to forget that it is a right and those have extra weight behind them. While I want better gun control, I also don't want our rights to be easily thrown away. The fact that the idea of a constitutional amendment seems so far fetched right now should be strong enough evidence that the system, as it was designed, has failed.

[–] jordanlund@lemmy.world 9 points 1 year ago (2 children)

Not only is it a right, but given the overall dysfunction in Washington, changing it is an impossibility.

In order to get a new Amendment off the ground, you need a 2/3rds vote in the House. 290 votes.

They can't get 290 votes to decide who their own leader should be.

They can't get 290 votes to agree to bounce George Santos.

There's ZERO hope they'd get 290 on ANY amendment, not just guns.

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