Unconstitutional firearms age restrictions
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Measure 114, the controversial gun control law passed by voters by a narrow margin in November 2022 has again been ruled unconstitutional by Harney County Court Judge Robert Raschio.

Disingenuously dubbed the Reduction of Gun Violence Act, Measure 114 would impact legal gun ownership in Oregon in multiple ways including:

  • Requiring gun buyers to apply with the police requesting permission to buy a firearm and the police would have to approve whether that person could buy the gun or not.
  • Requiring police departments to create and perform the application process and maintain a database of those applying to purchase firearms.
  • Forcing prospective gun buyers to pay for permits to buy a gun.
  • Requiring applicants to take gun training in order to even get a permit to purchase a firearm.
  • Requiring applicants to supply their fingerprints with applications.
  • Limiting the size of mags that could be bought or used to no more than 10 rounds.

Raschio temporarily blocked the implementation of the measure last year and in his Tuesday ruling made the block permanent.

The state is naturally appealing the decision, despite the multiple points in which a high school student remotely familiar with our nation’s constitution would understand how it violates the state’s residents’ rights—that is if Oregon is still part of the United States.

Gun groups suing the state and making filings in the case argued the measure not only violates the Oregon constitution, but also limits an individual’s ability and right to self-defense as well as their right to bear arms.

On the other side of the issue, the state’s lawyers, according to the Statesmen Journal tried to make the argument that framers of the state’s constitution in the 1850s couldn’t have envisioned a world with such sophisticated firearms beyond smoothbore muskets and single shots. Raschio wasn’t buying it. He noted that Oregonians of that time wouldn’t have limited themselves in accessing “the best firearms with the highest functionality they could procure.” They depended on firearms and were indeed living at a time when multi-shot technology was available in firearms.

Oregon Attorney General Ellen Rosenblum plans to appeal the judge’s decision.

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59 COMMENTS

  1. Passed by the citizens. Willingly marching to perdition. Sounds like something ILLANNOY dims would do☹️

    • they’re smarter than we. illinois gets that crap passed without voter input. oregonians had to be mizzled with lying ad bombardments. i’m certain a re- vote would have a different outcome know that they know. ‘cuz if ya don’t know, now ya know…

      • It wasn’t passed by “oregonians”, it was passed by “portlandiers”. Same way all this sh@# happens. Decent, God-fearing state citizens had nothing to do with it. Big city welfare leaches (mostly Californication transplants) dictating to the real citizens.

        • squirrel…I’ll ask you like I asked the pos aq over a year ago to ask 10 people to Define Gun Control By Its History. Perhaps you have the balls to do better than aq’s ZERO. In the meantime cease making excuses for Good Citizens and the majority of the gun talkers whose silence allows Gun Control Zealots to demonize The Second Amendment for the Public. The vote was close and unlike you I know who to blame.

        • Just like it was the dumbphucks living in The Peoples’ Repubelick of Pugetopia that have caused all the grief in Washington State.

      • aq…Only a no count one track mind bigoted blasphemous pos would reply the way have done and continue to do. You need a propeller cap that says…Don’t Slap Poop Splatters…now gfy.

      • That is why I hate Ballot Measures! We elect represenatives to vote for us. I don’t want one 501 assholes out of 1000 assholes taking my rights away.

      • What is not specifically allowed in the organic law for the public servants to do, is ABSOLUTLEY DENIED.
        Any argument with this then take it up with James Madison in Federalist 49 where he champions “constitutional limitations” protecting the inalienable rights of the People.
        No privilege granted to act upon a certain subject, then such is absolutely denied.
        Read Federalist 49 and know what your rights are.

    • Civilians in Oregon is a very loose term. The state is so full of communist lackeys looking for free money and benefits there is no democracy value to a vote.

  2. It is truly sad that so many in our electorate now support giving up rights instead of fighting for them.

    • I can forfeit or choose not to exercise *my* rights, but *no person* has the authority to forfeit or limit the exercise of the rights of another.

      This is THE FOUNDATION of a just government and our form of government.

      Ref. “rightful liberty is unobstructed action according to our will, within the limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’; because law is often but the tyrant’s will, and always so when it violates the right of an individual.” – Thos. Jefferson https://founders.archives.gov/documents/Jefferson/03-14-02-0191

    • Supposedly, less that 5% of the population of the Colonies participated in (armed) any part of the American Revolution. There are ALWAYS more sheep (and wolves).

  3. Framers also couldn’t have envisioned computer word processing and electronic media…….ban them!!!!! Quill pens and megaphones only!!!! However, only the Second Amendment ends with “…shall not be infringed.”

    This is the government our Framers warned about, and for which they penned the Second Amendment. They continue to attack our rights because there is no personal risk for them on the line….we haven’t shot any of them in 240+ years.

    In 1776, we the little peeps cleaned house.
    The house is filthy again.

    • Actually, there WERE repeating arms already built well BEFORE 1850, AND one of the things that really turned the war of independence was the ability to have high accuracy RIFLED ‘muskets’ (yes, I’m using THEIR terminology, and I know the difference,) that were able to SNIPE the prancing commanders of the British army behind the enemy lines.

      So, TWO lies right up front.

      But what else is new.. /s

      • No, we can’t use actual evidence…The Puckle Gun (1718) and the Girardoni air rifle (1779) didn’t exist! /s

  5. The Dems are just going to ignore the courts. The Biden DOJ will not enforce Bruen or its legal effects. It’s just not going to happen. If Trump wins in November, they will ignore that, too. They will declare the election illegitimate and ignore anything the executive does.

    Then what happens? If people ignore the rule of law, chaos ensues.

    • Just like Texas should ignore ANY injunctions that the DOJ gets to stop them from using Texas LEOs to enforce the border.

      I would LOVE to see the DOJ try to arrest Abbot.
      Talk about instantly precipitating Civil War version 2.0…

  6. I think that the right should make it where all these gun control bills have an addendum that any gun control laws apply to voting as a poison pill. Watch the left squirm over that.

  7. If Oregon wants to impose such unconstitutional restrictions, they should get the US Constitution amended. In the case of the 2nd, it will never happen.

    • They’re simply following CA’s lead, where the USC is ignored (heck, our own CA Constitution is ignored) and the appellate process is abused for political purposes.

      Don’t like a liberty your citizens enjoy? Pass a law taking that liberty away! Oh wait…a judge declared your law unconstitutional? Appeal the decision, obtain a stay from another court to allow your law to continue, and let the slow-as-molasses system bog it down.

      Your law was declared unconstitutional again? Rinse and repeat with another appellate option. Let the wheels of time grind your challengers.

      The highest Court in the land slapped you down and instructed you to reconsider your law based upon constitutional merits? Drag your feet and ignore that Court, forcing your challengers to bring up a new suit against you for contempt, but that will require its own lengthy timeline.

      In the end, your “unconstitutional and unlawful” legislation is on the books and available for LE and DAs to harrass the people for years, and eat out their substance. Oh wait…something big happened the last time the People were forced to go through this.

    • This is state. Federal level mentally challenged judge already said it’s Constitutional. I would expect OR’s state supreme Court to be as mentally devoid as the federal in that area, so likely to not end well.

      • The Oregon Supreme Court used to be the most LIBERAL Court in the United States of America..

        They previously have declared LEGISLATIVE LAWS unconstitutional if they have no FUNDING for said law..They have previously ruled LEGISLATIVE LAWS unconstitutional if LEO reports to the OR Supreme Court that the law is Unenforceable..

        Since virtually all the Sheriffs in OR have notified the State, they won’t enforce the law and it was unenforceable..

        So I’m hopeful…

      • D Y, the Federal Court in oregon has already declared this “law” unconstitutional and there is this thing we call the Supreme Court (Federal).

        • It was not the FEDERAL COURT it was a STATE JUDGE!!!

          The TWO FED Judges ruled it CONSTITUTIONAL under the FEDERAL CONSTITUTION!!

  9. Welcome to Massachusetts. We already have all that stuff. This is why our state population drops every year.

    • Liberalism is also very pervasive in Iowa, especially among teachers and school boards. The idea of trained teachers and administrators carry firearms in schools. To protect the children. Is more abhorrent and those same children being shot and killed. In this incident it took LE, 7 minutes to arrive on scene. According to ALICE Training research the average school shooting lasts 5 minutes. The perp was already dead (self inflicted), along with 1 child, 3 children shot along with the school principle.

      • It has now been reported by the principles daughter. That her father made attempts to talk the shooter down, before being shot. So had he been allowed to carry a firearm himself. he may well could have stopped the incident before the shooter began his attacks on the helpless children in the school.

      • Perry Iowa has long been totally infested with Central American aliens. Major meat packing plant. More Spanish/Mexican spoken there than English.

  13. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

    It never ceases to amaze me how some people continuously twist and mischaracterize those twenty seven words. And how many people are willing to allow them to do it. The men who wrote the Constitution and the Bill of Rights kept it short and to the point for a purpose. We need to continuously hammer on that.

  14. @neiowa
    “The US is NOT a “democracy” ”

    When “the people” have the power of the vote, and an issue, an election, are decided based on who/what has the most votes, you have a democracy. A republican democracy, a representative democracy, a constitutional democracy, still a democratic form.

    What the US didn’t have until the last 15yrs, or so, was a “direct democracy”, where “the people” directly vote on every issue. However, “ballot initiatives” are “direct democracy”, gaining popularity among the states each year.

    • Direct Democracy allows a 0.01% majority to steal the rights of some of the people with impunity. We are a Republic, NOT a democracy….FDR made “Democracy” popular.

      • “We are a Republic,”

        And the actual functional difference is…what?

        Twenty six states allow “ballot initiatives”, or “referendums”. Either is functional, direct democracy, bypassing our “representatives. So, at best we have blend of republic and direct democracy.

        As noted prior, when a nation is ruled by whoever gets the most votes, a democratic process is in effect (majority rules). The term “Republic” means only that a select group rules through achieving majority of votes. The academic theory of “republic” is just that, theory.

        In the US, “democracy”/”republic” are distinctive terms, without a significant difference. In short, “Democracy” or “Republic”, for the next little while, the public sees them as essentially the same. It is common American shorthand for a complex concept. However, the move to classic, direct democracy continues to gain ground.

    • Sam, you are changing the definition of democracy. This country is NOT a “democracy.” It is a Constitutional Republic.

  15. Washington state has passed an “Assault Weapons Ban”. This was heavily endorsed and supported by Gov. Jay Inslee and Atty Gen Bob Ferguson who conspired to violate citizens 2nd amendment rights. So, in Washington I can keep and use an Assault weapon I already own, however I cannot purchase a so-called Assault Weapon or any parts for them. They stated that this was common sense safety measure, although Assault Weapons has been used in less than 1% of all firearm related crimes. Clearly illegal gun control.

  16. Never forget that these fools, the voters of oregon, voted for this measure. Because all they care about is legal butt sex and drugs.

    Now let oregon split into two. The Western half can enjoy their legal butt sex and drugs and loss of civil rights. Because all their interested in are the pleasures of the world.

    And those in Eastern Oregon that believe in liberty and freedom, and the responsibilities and consequences. Which they accept. Let them peacefully separate.

    • “Let them peacefully separate.”

      Requires the state government to approve the separation, and the separated part must have everything in place to become a functioning state, overnight. Prospects of all that happening….?

    • It wasn’t a landslide passing by only 25,000 votes out of nearly 2 million cast. There is a new indoor range opening a couple f miles from me so now I can shoot near by when construction is done. Up to 308 indoors! This in spite of being feet from the Portland city line.

  18. The state legislature here made a mistake and our Oregon constitution is very clear. The judge is correct in pointing out that multiple shot firearms were available at the writing of the state constitution showing that the states lawyers were not putting up a valid legal argument. Unless you are a criminal in Oregon you have the right to a Concealed Carry Permit.

  19. That’s great that it got struck down in Oregon, now do New Jersey!
    New Jersey has long had all of the exact same unconstitutional requirements to buy a handgun (except the training part), plus many more (including a limit of one handgun a month), and no judge has struck down New Jersey’s requirements yet.
    Plus, every time a new governor takes office here, they pass a boatload of new anti-gun laws, so it keeps getting worse and worse.

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