A voter-approved Oregon gun control law violates the state constitution, a judge ruled Tuesday, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.
The law requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines.
The plaintiffs in the federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals. The case could potentially go all the way to the U.S. Supreme Court.
We’ve been talking locally about this law since it passed and it’s clear, in the wake of other court rulings, it would not stand.
Notably:
Maryland - struck down today as well:
https://apnews.com/article/maryland-handgun-license-law-ruling-2094424b0cea9e6a2eda34f280cb1156
Or the New York law which required special permission to carry. If the Supreme Court blocked that, there’s no way they’d allow a special permit to own.
https://supreme.justia.com/cases/federal/us/597/20-843/
"We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered."
That’s what makes gun control such a difficult problem. People seem to forget that it is a right and those have extra weight behind them. While I want better gun control, I also don’t want our rights to be easily thrown away. The fact that the idea of a constitutional amendment seems so far fetched right now should be strong enough evidence that the system, as it was designed, has failed.
Not only is it a right, but given the overall dysfunction in Washington, changing it is an impossibility.
In order to get a new Amendment off the ground, you need a 2/3rds vote in the House. 290 votes.
They can’t get 290 votes to decide who their own leader should be.
They can’t get 290 votes to agree to bounce George Santos.
There’s ZERO hope they’d get 290 on ANY amendment, not just guns.
… Or an Article V convention forced by states. I’d wager money it’s going to happen in the next 25 years.
Oh, we’re WAYYY closer than that. I think we’re only 3 or 4 states away now.
There are two problems with that though…
The states calling for it are red states. They aren’t going to limit gun rights, if anything they’ll expand it, along with other stupid shit like banning abortion and gay rights, ban different classes of people from voting, and likely come up with some legal definition of “woke” and try to ban it too.
While you can call for a convention with a 2/3rds majority of states (34/50), it takes a 3/4 majority to RATIFY the new constitution (38/50).
So, to put that in comparison… in 2020 Biden won 25 states, 1 congressional district in Nebraska, and Washington D.C. Trump won 25 states and 1 congressional district in Maine.
In order to ratify a new constitution, you need all 25 states from one side, plus 13 from the other side.
Want to restrict abortion? All 25 Trump states + 13 Biden states. Good luck with that.
Want to restrict guns? All 25 Biden states + 13 Trump states.
Take a look at the map, find me 13 red states who will agree to nullify the 2nd Amendment.
Heck, find me the guaranteed 25 Biden states.