- Judge Karen Irma Gertz issued a poorly reasoned and dumb ruling on Oregon Firearms Federation V cotec case
- Plaintiffs failed to prove that the Second Amendment protects large capacity magazines
- Judge Irma Gertz introduced a new legal test called common use for self-defense
- Multiple plaintiffs, including reputable organizations like Gun Owners of America and Second Amendment Foundation, will appeal the decision
- A separate lawsuit in Harney County is set for trial in September, providing another opportunity to challenge the measure
Welcome to Washington Gun Law TV. In this episode, we discuss the ongoing battle over Oregon ballot measure 114. Last week, Judge Karen Irma Gertz issued a ruling that has raised concerns among gun rights advocates. The ruling in the case of Oregon Firearms Federation V cotec was poorly reasoned and dumb, to say the least. The judge accepted every ridiculous argument put forth by the state of Oregon.
One of the key points in the ruling is that the plaintiffs failed to demonstrate that the Second Amendment protects large capacity magazines, defined as magazines capable of firing 11 or more rounds without reloading. Moreover, even if the Second Amendment were to protect such magazines, the court found that Oregon's restrictions on their use and possession are consistent with the nation's history and tradition of firearm regulation.
But perhaps the most alarming aspect of the ruling is the introduction of a new legal test called common use for self-defense. This test requires firearms or magazine capacities to be commonly used for self-defense in order to be protected by the Second Amendment. Judge Irma Gertz stated that large capacity magazines are not commonly used for self-defense and therefore not protected by the Second Amendment.
While this ruling may seem like a major setback, there is still hope for gun rights advocates. Multiple plaintiffs, including reputable organizations like Gun Owners of America and Second Amendment Foundation, have announced their plans to appeal the decision. It is likely that other organizations will join the appeal as well, considering the significance of this case.
Additionally, there is another lawsuit in Harney County that is set for trial in September. This lawsuit is based on state constitutional grounds and has the potential to challenge ballot measure 114. The injunction issued by Judge Rashio, which remains in effect, provides some temporary relief for gun owners. Judge Rashio appears to be sympathetic to the cause and in tune with the issues at hand.
In conclusion, the battle over Oregon ballot measure 114 is far from over. While gun rights advocates may have lost this battle, there are many more battles to be fought. The appeal of Judge Irma Gertz's ruling and the upcoming trial in Harney County offer opportunities to challenge the measure and protect Second Amendment rights. Gun owners in Oregon must stay informed, stay safe, and keep fighting for their rights.