Oregon gun law cleared federal trial, now in state court.
Months after Federal Judge Declares Oregon’s New Gun Control Measure Constitutional, Fate of Law Hangs in Balance
In a highly anticipated trial that began on September 18th in Harney County, the constitutional validity of Measure 114, Oregon’s controversial gun control law, is being put to the test. The trial, presided over by Circuit Judge Robert S. Raschio, is scheduled to last six days and will determine whether the law violates the Oregon Constitution.
Last year, the measure received approval from 50.7 percent of Oregonians, making it a hotly debated topic.
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The measure, if upheld, would require Oregonians to undergo background checks and complete a firearms class in order to obtain a permit for purchasing firearms. Additionally, it would ban magazines capable of holding more than 10 rounds.
Gun rights advocates argue that this law is one of the most extreme in the country, claiming it infringes on the constitutional right to bear arms.
Limiting the Scope
In a pre-trial hearing on September 14th, Judge Raschio narrowed the focus of the state trial. He excluded certain testimonies related to gun violence, self-defense situations, and treating gunshot victims, stating that the court’s purview is solely to determine the constitutionality of Measure 114.
David v. Goliath
Representing the plaintiffs, private gun owners Joseph Arnold and Cliff Asmussen, are two small-town attorneys. On the defense side, nine attorneys, including Governor Tina Kotek and Attorney General Ellen Rosenblum, are representing the State of Oregon.
Plaintiffs’ attorney Tony Aiello, Jr. argued that the case is not about public health or safety, but rather about the individual’s right to self-defense against the power of the state government. He emphasized that the law would require a government-issued permit to purchase a firearm, which he believes infringes on personal freedoms.
On the other hand, defense attorney Anit Jindal argued that Measure 114 is a reasonable response to public safety concerns and is consistent with the historical exercise of the right to bear arms.
Plaintiffs Witnesses
During the trial, the plaintiffs called witnesses, including firearms and self-defense trainer Derrick LeBlanc and firearms historian Ashley Hlebinsky. However, the defense challenged the credibility of these witnesses, claiming bias and lack of expertise.
Despite objections, Judge Raschio allowed Ms. Hlebinsky to testify, stating that her qualifications as an expert in firearms are comparable to a bachelor’s or master’s degree.
The trial is expected to continue for several more days, with both sides presenting their arguments and evidence. The outcome will have significant implications for gun control laws in Oregon.
If the state court declares Measure 114 unconstitutional, the Oregon Department of Justice has indicated that it will appeal the decision.
What arguments are presented by the defense against Measure 114?
Ing, Judge Raschio outlined the scope of the trial, stating that it would focus solely on whether Measure 114 violates the state constitution. This decision was made to narrow the focus of the case and avoid a broader debate on the merits of gun control laws in general. The judge’s aim is to determine whether the measure infringes on the rights guaranteed to Oregon citizens under the state constitution.
The defense argues that Measure 114 goes beyond what is necessary to protect public safety and that it unfairly restricts the rights of law-abiding citizens. They contend that background checks and firearms classes already exist in Oregon, and this measure is unnecessary and burdensome.
On the other side, supporters of the law argue that it is a responsible measure aimed at reducing gun violence and protecting Oregonians. They believe that the restrictions imposed by the measure are necessary to ensure that firearms do not end up in the wrong hands.
Judge’s Previous Ruling
In a related case earlier this year, Judge Raschio ruled that Measure 114 was constitutional under the Oregon Constitution. This ruling was met with both praise and criticism, with supporters of the measure hailing it as a victory for gun control advocates, while opponents vowed to continue fighting the law.
However, it is important to note that the ruling in that case was based on the state constitution and did not address any potential violations of the United States Constitution.
The High Stakes
The outcome of this trial has significant implications for both gun control advocates and opponents in Oregon and beyond. If the measure is upheld, it could set a precedent for stricter gun control measures in other states, while a ruling against the measure could embolden those opposed to such regulations.
Additionally, the outcome of this trial could also impact future legal challenges to gun control laws at both the state and federal levels. It could shape the arguments and legal strategies employed by both sides in future cases.
Conclusion
The trial regarding the constitutionality of Oregon’s Measure 114 is a highly significant case that will have far-reaching implications. Both sides present compelling arguments, and the judge’s ultimate decision will shape the future of gun control laws in Oregon and potentially across the nation. With the trial scheduled to last six days, the coming days will provide crucial insights into the fate of this controversial law.
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