An Oregon judge will decide whether a gun control law approved by voters last year is lawful under the state constitution.
FILE - Firearms are displayed at a gun shop in Salem, Ore., Feb. 19, 2021. An Oregon judge will decide during a trial starting Monday, Sept. 18, 2023 whether a gun control law approved by voters last year is lawful under the state constitution. – An Oregon judge is set to decide whether a gun control law approved by voters in November violates the state’s constitution in a trial that started Monday.
The law requires people to complete a gun safety training course and undergo a criminal background check in order to obtain a permit to buy a firearm. The measure also bans high-capacity magazines holding more than 10 rounds. “This case is not about public health, public safety or public concern,” said Tony Aiello, Jr."This is about the individual right to self defense, and the right to bear arms to secure that right."
The ruling tossed aside a balancing test judges had long used to decide whether to uphold gun laws. It directed them to only consider whether a law is consistent with the country’s “historical tradition of firearm regulation,” rather than take into account public interests such as promoting public safety.
She also found the permit-to-purchase provision to be constitutional, noting the Second Amendment “allows governments to ensure that only law-abiding, responsible citizens keep and bear arms.”
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