- Oregon ballot measure 114, which bans high capacity magazines and requires permits to purchase firearms, has been upheld as constitutional.
- The measure passed by less than one percent, showing a flaw in the democratic process.
- U.S District Court Judge Karen Immigrant argues that restrictions on large capacity magazines do not violate the Second Amendment.
- She also states that permitting provisions do not violate the Second Amendment under a shall issue scheme.
Oregon ballot measure 114, which bans high capacity magazines and requires permits to purchase firearms, has recently been upheld as constitutional by U.S District Court Judge Karen Immigrant. The measure, which passed by less than one percent, has raised concerns about the flaws in the democratic process.
Judge Immigrant argues that restrictions on large capacity magazines do not violate the Second Amendment. She believes that magazines are not firearms themselves, but rather accessories of firearms. She cites historical references to colonial times cartridge boxes to support her argument. However, this argument has been criticized as it fails to consider the practical aspects of firearms ownership and the fact that many handguns commonly hold more than 10 rounds.
Another argument made by Judge Immigrant is that permitting provisions do not violate the Second Amendment under a shall issue scheme. However, this argument appears to conflate carrying and purchasing firearms. It is concerning that Judge Immigrant seems to lack knowledge and understanding of firearms law, despite being presented with information during the week-long trial.
The ruling on Oregon ballot measure 114 will likely be appealed to the ninth Circuit Court of Appeals, along with other Second Amendment challenges in Washington and California. The ninth Circuit will have to carefully consider the constitutional implications of these gun control measures. Ultimately, these cases may reach the Supreme Court.
In conclusion, the recent ruling upholding Oregon ballot measure 114 as constitutional has sparked debates about the limitations of democracy and the interpretation of the Second Amendment. The arguments made by Judge Immigrant regarding large capacity magazines and permitting provisions have faced criticism for their lack of practicality and disregard for the rights of firearms owners. The outcome of these cases will have significant implications for gun control measures across the country.