Oregon's new gun law faces federal court challenge
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The federal trial over new gun restrictions approved by Oregon voters last fall begins Monday in a downtown Portland courthouse. A separate lawsuit challenging its constitutionality in state court has put the measure on hold so far.
Why it matters: The law — which restricts magazine size and requires training to obtain a permit to buy a gun — is seen by gun control advocates and opponents alike as one of the strictest in the nation. This trial before the U.S. District Court in Portland will provide the first court ruling on whether it is constitutional.
- Because this is a federal lawsuit, the outcome could affect laws beyond Oregon's borders, although any decision here would likely be appealed up to the U.S. Supreme Court.
Catch up quick: Last November, Oregon voters passed a ballot measure that created the law by a very slim margin: 50.64% in favor and 49.35% against.
- Later that month, the Oregon Firearms Federation, an advocacy group, sued in federal court. Three Oregon county sheriffs and two gun store owners joined the suit.
- In addition to challenging the constitutionality, the plaintiffs sought a federal injunction to temporarily block the law while the suit proceeds.
- Federal Judge Karin Immergut denied the injunction request, but the law is still on hold due to a state court ruling on a similar, but separate lawsuit.
Details: Plaintiffs argued in federal court that the law violates the Second Amendment of the U.S. Constitution, particularly that the magazine size restrictions violate the right to bear arms.
- In her injunction denial, Immergut cited a U.S. Supreme Court decision last year that said gun laws have to be consistent with historic gun regulation.
- But she wrote that the same ruling "also made clear that 'the right secured by the Second Amendment is not unlimited.'"
Of note: Portland has submitted a brief in support of the law, citing the high level of gun violence recently and saying the ban on large-capacity magazines will help public health and safety.
Context: In addition to changing permit requirements and restricting magazine capacity to 10 rounds of ammunition, the law requires background checks by law enforcement to be completed before a sale or transfer of a gun can go ahead.
- Right now, if a check takes longer than three days, the sale goes through anyway.
- Oregon State Police would maintain the permit database and issue an annual report on applications, permits and denials per county.
Separately, the state lawsuit is scheduled to begin in the fall in Harney County Court.