Oregon’s gun-control ballot initiative has put it at the center of the fight over guns in America. As the political battle ended with victory for Measure 114 and the deadline to implement a non-existent permit-to-purchase system closed in, a new front opened in the courts.
Sam Paredes, a Gun Owners of America (GOA) board member and treasurer of the Gun Owners Foundation, was on the frontline of that legal battle. While multiple federal suits were unable to secure a Temporary Restraining Order against the law, GOA was able to convince a state judge the measure violated the Oregon Constitution’s protections for the right to keep and bear arms. That decision has held thus far, despite an attempt by the state to get the Oregon Supreme Court to throw it out.
Paredes joined the show this week to talk about where things stand now, and what’s coming down the line. He said gun sales in Oregon will go on as usual for the time being, and the ban on magazines that hold more than ten rounds won’t go into effect. But the fight isn’t over as the state scrambles to create the permitting process and take the biggest practical issues with Measure 114 off the table.
However, Paredes said GOA is encouraged by the Oregon Supreme Court’s decision not to immediately intervene in the case. He said they may be hesitant to overturn the lower court’s pro-gun ruling in the wake of the United States Supreme Court’s ruling in New York State Rifle and Pistol Association v. Bruen. He argued they may not want to run afoul of Bruen and be overturned themselves.
But the federal judge overseeing challenges to Measure 114 disagreed. She ruled the permit-to-purchase requirement and magazine ban likely don’t violate the Second Amendment even under Bruen‘s text and tradition standard. Paredes said that judge did the analysis wrong. He argued the targeted magazines are in common use and protected, given SCOTUS’s rulings in Heller and Caetano, and the permit-to-purchase law has no historical analogue.
Plus, Contributing Writer Jake Fogleman and I discuss the surprising shift in the U.S. Senate’s balance of power this week.
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