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Judge Rules Oregon Gun Control Law Violates the State Constitution

A judge with common sense. I love it.

Harney County Circuit Court Judge Robert S. Raschio ruled that Measure 114, a strict gun law, violates the state’s constitution.

The lawsuit mentioned the state’s constitution since it has different aspects than the U.S. Constitution.

Measure 114 “requires a permit to purchase any gun, bans the sale of magazines capable of holding more than 10 rounds and has been called ‘the nation’s most extreme gun control Initiative’ by groups like the NRA’s legislative arm.”

The law passed last year by only 50.65% last year. Only six of Oregon’s 36 counties supported it.

Raschio pointed to Article 1, Section 27 of the Oregon constitution: “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.”

First and foremost, the 30-day delay violates a person’s right to bear arms because the citizens cannot defend themselves during that time period.

The court found that the “reasonable grounds” review in 114 does not fit the constitutional standard set in another case.

Raschio also wrote that Measure 114 is unduly burdensome because it flips “the burden of proof, requiring citizens to prove they are more dangerous, rather than the state meeting the intermediate scrutiny standard proving a citizen is too dangerous to own a firearm.


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