Judge raises constitutional concerns about measure aimed at curtailing skyrocketing mass shootings.
PORTLAND, Ore. — An Oregon judge handed guns rights advocates a victory Thursday and placed a new, voter-approved ban on high-capacity magazines that was intended to curtail mass shootings on hold until questions about its constitutionality can be decided.earlier this week in which attorneys for gun rights groups sought a preliminary injunction to stop the narrowly passed ban on magazines of more than 10 rounds.
Gun rights advocates, including those who were unable to stop the high-capacity magazine ban in a separate federal lawsuit last week, cheered the news.“For now, your standard capacity magazines are safe,” the Oregon Firearms Federation wrote to its members in a statement. Measure 114 requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers. It also bans the sale, transfer or import of gun magazines over 10 rounds unless they are owned by law enforcement or a military member or were owned before the measure’s passage.
A federal judge in Portland hearing a different challenge to the law under the U.S. Constitution on Dec. 6 delivered an initial victory to proponents of the sweeping gun-control measure that passed in the Nov. 8 midterms. Expert witnesses for the plaintiffs and the state gave conflicting opinions about whether “multi-shot” firearms were commercially available and widely known during that era.Raschio wrote that the plaintiffs had proven to his satisfaction that such large-capacity magazine guns existed at the time and that modern guns are “the direct descendants from the firearms at the time of statehood.”
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