OTHER VIEWS: Gun safety ruling on point, moves issue toward resolution
Published 6:00 am Wednesday, July 19, 2023
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We finally have some clarity on Measure 114, although an appeal is likely, so implementation of the voter-passed gun restrictions may be several months down the road.
A federal judge Friday ruled that Oregon gun safety Measure 114’s ban on the sale or manufacture of large-capacity magazines and its requirement for a permit to purchase a gun are constitutional.
According to reporting by The Oregonian, U.S. District Judge Karin J. Immergut found that the Second Amendment does not protect magazines that hold more than 10 rounds of ammunition, and even if it did, that Oregon’s restrictions on the use of such magazines are “consistent with the Nation’s history and tradition of firearm regulation.”
She also grandfathers in those who have already purchased large-capacity magazines.
Immergut’s ruling is on point and takes a common-sense approach to what voters had intended.
The measure was passed by voters last November by a narrow margin. The measure requires gun buyers to obtain a permit from a sheriff’s office and pay $65. It also requires buyers to pay for an approved firearms-safety course. And it requires them to submit photo identification, provide a fingerprint and pass a criminal background check.
Sheriffs from across Oregon objected to the permitting process and the background checks, claiming their offices are not adequately staffed to handle an expected flood of requests.
More than likely, the Legislature will have to address how to fund the permitting process.
The goal here is to ensure law-abiding citizens can obtain guns, while those who may use guns to create harm are excluded. The case will likely wind up in the U.S. Supreme Court. For now, we have some clarity.