high capacity magazines
Standard capacity magazines that Oregonians won't be able to buy under Measure 114 (Dan Z. for TTAG)
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Oregon’s narrowly-passed ballot measure 114 is full of blatantly unconstitutional mandates that infringe on Second Amendment rights. Never mind that the state hasn’t figured out how to implement things like gun owner licensing, what the mandated “safety course” will look like, or how to enforce 114’s ban on “high capacity” magazine sales and transfers. 

As for the pre-purchases background checks Measure 114 mandates, not only does the state not have the manpower to process them, but applicants can be denied a permit to buy a gun if they are “reasonably likely to be a danger” to themselves or others, as a result of their mental or psychological state or a “past pattern of behavior.” There’s nothing vague and no possibility of subjective application of the law there, right?

Meanwhile, cheerleaders for the law are convinced they have God — or something — on their side. As Mark Knutson, chairman of the interfaith Lift Every Voice Oregon campaign and pastor at Portland’s Augustana Lutheran Church told the Associated Press . . .

“The arc of the moral universe is bending towards justice, and justice today is going to be ending gun violence in this country,” he said. “That’s why I trust this process will work … and a year and a half, two years from now, it’ll be 70% of the population saying this was the right thing to do — not the 51% that passed it.”

OK, but there’s still the little matter of the law’s constitutionality (or lack thereof). The law is set to go into effect next week. But before that happens, a suit filed by the Oregon Firearms Federation and others seeks to block it.

A federal judge in Portland will hear oral arguments Friday on whether Measure 114, which is scheduled to go into law Dec. 8, violates Americans’ constitutionally protected right to bear arms. Depending on the outcome, the groundbreaking law could be delayed for months or longer as it works its way through the courts, legal experts said.

And that’s not the only challenge to the law. Last night, another lawsuit was filed by the Second Amendment Foundation and the Firearms Policy Coalition. This one focuses on Measure 114’s magazine ban. Here’s SAF’s press release . . .

The Second Amendment Foundation today filed a federal lawsuit in U.S. District Court in Portland, Oregon challenging provisions of Ballot Measure 114, the restrictive gun control initiative passed Nov. 8 which bans standard capacity ammunition magazines among its tenets.

Joining SAF in the legal action are G4 Archery, Grayguns, Inc., the Firearms Policy Coalition and a private citizen, Mark Fitz. They are represented by attorney James L. Buchal, Murphy & Buchal LLP in Portland. Named as defendants are Oregon Attorney General Ellen Rosenblum and State Police Supt. Terri Davie, in their official capacities. A motion for injunctive relief may be read here.

“As we immediately explain in our lawsuit, the State of Oregon has criminalized one of the most common and important means by which its citizens can exercise their fundamental right of self-defense,” noted SAF Executive Director Adam Kraut. “By banning the manufacture, importation, possession, use, purchase, sale, or transfer of standard-capacity magazines that can hold more than 10 rounds the State has barred law-abiding, peaceable residents from legally acquiring or possessing common ammunition magazines and deprived them of an effective means of self-defense.”

SAF founder and Executive Vice President Alan M. Gottlieb explained, “Maybe the most frustrating thing about the Oregon measure is that officials there are willing to enforce the law’s provisions despite any real prospect this law is going to reduce violent crime. The only people actually impacted are law-abiding citizens who don’t commit crimes, and who will be left more vulnerable to attack because of this new law.”

As noted in SAF’s complaint, the magazines banned under the language of Measure 114 are commonly-owned across the United States by millions of honest citizens. They are standard capacity magazines in many firearms, including handguns used for personal and home protection, competition, recreational shooting, predator control, and other legitimate activities. According to the 2021 National Firearms Survey, an estimated 48 percent of American gun owners have owned magazines that hold more than 10 cartridges.

“Because the provisions of Measure 114 are scheduled to take effect Dec. 8,” Kraut noted, “we are asking the court for a declaratory judgment and injunctive relief.”

 

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24 COMMENTS

  1. “despite any real prospect this law is going to reduce violent crime.”

    Hopefully someone else is writing up the motion.

    P.S. THIS got held for moderation?!

    • RE: pastor mark k-nutson… “The arc of the moral universe is bending towards justice, and justice today is going to be ending gun violence in this country,” he said. “That’s why I trust this process will work … and a year and a half, two years from now, it’ll be 70% of the population saying this was the right thing to do — not the 51% that passed it.”

      What hides below the surface of the above pastor’s Gun Control wish list is a mini mustache, a slobbering piehole, swastikas, sheets, pointed hats, burning crosses, nooses, etc. All the horrors throughout recent history that confirms Gun Control in any shape, matter or form is rooted in racism and genocide.

      I suggest pastor k-nutson include the following words in this week’s sermon or go pound sand…

      1) The Second Amendment is one thing.

      2) The criminal misuse of firearms, bricks, bats, knives, matches, feet, fists, vehicles, etc. is another thing.

      3) History Confirms Gun Control in any shape, matter or form is a racist and nazi based Thing.

    • trying to buy a gun automatically means you’re mentally unstable….therefore you’re not permitted to purchase one….gotta’ love that catch 22….

      • I was referring to the fact that the quote is missing a word or phrase, and therefore states the opposite of what the writer intended; and hoping that someone with more attention to detail drafts the actual court documents.

  2. Keep cracking the metaphorical grandmother’s cast-iron frying pan over the head of that court until they ‘see the light’…

  3. This is a curious development.

    Can a law be challenged before it has unconstitutionally harmed a complainant? If a law exists, but no one has been punished, “damaged”, is there legal “standing”?

    • If you are a Conservative/Republican you do not standing to challenge any dimwitted thing progs may do until you have been destroyed by them/it. Then STFU.

      Progs can do anything they want, at any time, for any/no reason, or if their feelings.

  4. “Pastor” Mark Knutson should confess and repent to the Almighty Father while he still has time. Absolutely shameful IMHO. Christian cults are frightening, just sayin… God Bless and Carry on…

    • Jesus was a dude who got murdered by his own government and was aided and abetted in it by institutions that held power at the time.

        • Judea was a hotbed of rebellion…as later events would prove…so Pilate wasn’t taking any chances…particularly during passover when the city’s population swelled….

      • And the God-Man saved all that will call him Lord and follow Him in the process. Past present and future:

        He made Him who knew no sin to be sin on our behalf, so that we might become the righteousness of God in Him. (2Co 5:21) LSB

        Amazing Grace for sure…

      • He chose to lay down His Life, to save us. He also rose from the dead, ascended to Heaven, and will soon return to save His people, judge the world. He is Lord! Glory to God!

  5. Amen…this is so wrong on so many levels! This has to stop now!

    Gregg Kielma
    941 737-6956

    Owner:
    Tactical K Training and Firearms and FFL Dealer

    USCCA CCW Instructor
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  6. Oregon shouldn’t blow its horn over the passing of 114. It failed in the large majority of Oregon counties and only passed in a few of the population saturated counties like Multnomah County and a few others. 114 barely passed by 50.65 for and 49.35 against.
    Deep pocket busybody billionaires donated for the passage.

  7. “Meanwhile, cheerleaders for the law are convinced they have God — or something — on their side.” Please…These bastards have no clue about God.

  8. I am very tired of billionaires buying elections. This must stop. What gives them the right to use their resources to influence elections in other states? I realize the First Amendment applies but I remember a time when funding was limited to smaller amounts of cash to prevent this very thing. Using one Amendment to destroy another is heinous.

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