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Federal judge rules Oregon’s tough new gun law is constitutional - ABC News (abcnews.go.com)
submitted 1h ago by NBCspec
NoStatic78 1 points 39m ago
I'm not a 2A scholar, and I'm not saying anything here about whether this new law is good or bad as a matter of policy, but I'm quite curious about the legal analysis the judge used to rule that either the training or magazine capacity elements of the Oregon law meet the new "text, history, and tradition" test, especially considering SCOTUS already remanded a case regarding California's magazine size law back to the lower court for reconsideration in light of that decision.
flunky_the_majestic 1 points 20m ago
Good question. I wish there was a place for this kind of dispassionate discussion on the topic, without all the moralizing and self-righteousness that usually derails any kind of helpful conversation.
indyjones48 1 points 4m ago
Guns are tools of Satan!
LeShatelier 1 points 6m ago
Would this be similar to the laws/regulations that they are trying to put in place regarding the lower caliber braced weapons?
Emergionx 1 points 4m ago
That entire pistol brace situation with the atf makes 0 sense to me. I really don’t see how they make these guns any more dangerous than before
Moonkai2k 1 points 2m ago
The fact of the matter is it's a very political judge doing very political things. It happens on both sides. SCOTUS will refer it back to the lower court with the note of "hey idiot, we already said you can't do this".

Site note: it's unfortunate nothing happens to these judges when they make obviously political decisions. I don't care what side of the argument they're on, they need to do their damn jobs.
Gooniefarm 1 points 10m ago
Why do states ban citizens from owning semi auto rifles and mags over 10 rounds, but allow cops to stockpile as many as they want you at home for personal use? Are they saying an officers family is worth more than a citizens family? These guns are banned from civilian use because "all they are good for is killing people as fast as possible", does the state plan to have it's police kill mass amounts of citizens?
JeremeRW 1 points 7m ago
Owning guns increases your chance of being shot. They are not effective protection.
ubernerd44 1 points 26m ago
Just wait for SCOTUS to strike it down.
Gervais_Burlap 1 points 58m ago
>requires residents to undergo safety training and a background check to obtain a permit to buy a gun

​

>bans the sale, transfer or import of gun magazines with more than 10 rounds

If this is considered 'tough' we really are in trouble, it seems more like the common sense absolute bare minimum.
Segod_or_Bust 1 points 15m ago
I've seen elsewhere that a big concern is the involvement of police. It effectively puts cops in charge of who can and cannot buy a firearm. And since Oregon has had a *long* history of racism and terribly bigoted police practices, it's gotten people justifiable concerned. Especially if they're LGBT or POC.

As for mag limits, it's become quite a 'rules for thee, not for me' situation, considering said police are often wholly exempt from legislation like this elsewhere in the country. Doubly so after being able to own such magazines no-problem until only recently.
Moonkai2k 1 points 5m ago
> It effectively puts cops in charge of who can and cannot buy a firearm. And since Oregon has had a long history of racism and terribly bigoted police practices, it's gotten people justifiable concerned. Especially if they're LBGT or POC.

This is the biggest issue with so-called "May-Issue" states for concealed carry permits. When police are left to decide for themselves who is "allowed" to carry, they straight up don't issue them to minorities or anybody that they don't like.
Big_D_Cyrus 1 points 2m ago
Yes that is the fear mongering coming from the gun extremists who hate this bill because it is a gun control law. Pass training and background check you can get your gun. No one is being denied for being LGBT or a POC. This is what the people wanted.

If someone even talks about wanting to stop gun violence in this country they get called a racist because you want to shut down the conversation of gun control. Just nonsense
Sir-Tryps 1 points 20m ago
I disagree with the law and hope it gets appealed. The second amendment isn't about regular self defence, but specifically defence from a fascist government. What Oregon is saying here is that the civilian population does not need these things, but they may still need them to use against the civilian population.

I could get behind banning every weapon from being transported outside of a lockbox, but to actually ban the thing from being bought, sold, or even transfered all together is a whole other ball game.

Edit: Also, to everyone about to respond with some cliche about how revolution is impossible, please take a moment to grasp the reality of the situation. We are a country of 300 million people. We could drown our leaders in spit if we wished to. Revolutions are absolutely possible, and guns dont make them so. They just make them more likely.
Ghimel 1 points 5m ago
The original reason framed for the 2nd amendment was so states could raise a militia to act as a standing army against an opposition to "our" government. This is one of the main reasons it reads "well regulated" and why in States vs. Miller it was reasoned that a sawed off Shotgun was not deemed as ordinary military equipment. The current interpretation may be different, but although it isn't 100% clear, the common sentiment amongst historians is that it was not intended for citizens to protect themselves unilaterally against our own government.
TouchyTheFish 1 points 13m ago
The constitution says “shall not be infringed”, full stop. It doesn’t say anything about “bare minimums” or make exceptions for what you feel is “common sense”.
No___ImRight 1 points 11m ago
An the "in common use" precedence was "in common use for lawful purposes" not "self-defense purposes"

SCOTUS is gonna shut this down.
jpiro 1 points 10m ago
It also says "a well-regulated militia," but feel free to ignore that as usual.
No___ImRight 1 points 7m ago
Well regulated meant "in working order" since the militia has to supply their own arms and equipment.
TouchyTheFish 1 points 3m ago
The Supreme Court has not found that the preamble places any limits on the scope of the second amendment, so I’m in good company.
CountyBeginning6510 1 points 54m ago
Gun control used to mean putting down your beer when you shoot but these days it means putting straps and attachments on it so you don't even have to put down your beer.
KrookedDoesStuff 1 points 31m ago
>> Gun control used to mean putting down your beer when you shoot

Is this one of those “Good guy with a gun” mental processes? Cause it’s illegal to have a firearm on you if you’re drinking, at all, yes, even a beer.

Edit: Apparently that’s a state by state law. Here in Nevada we acknowledge that **being drunk and having a firearm is fucking stupid**

Sorry the rest of you idiots downvoting me think otherwise

Edit 2: Downvotes mean you’re for drinking and carrying, and that you also shouldn’t own a gun.
flunky_the_majestic 1 points 23m ago
> it’s illegal to have a firearm on you if you’re drinking, at all, yes, even a beer.

Can you point us in the direction of a statute to back that up? I have heard of certain state laws that say you can't drink _in a bar_ while carrying, but I have never heard of a federal law like this.
CountyBeginning6510 1 points 29m ago
That just simply isn't true.
KrookedDoesStuff 1 points 23m ago
Fluffy_Somewhere4305 1 points 26m ago
Yeah it's like a 9 round clip can still kill too many people in seconds.
2nd-Hand-Butt-Plug 1 points 18m ago
Good luck with that. I'll be looking forward to Thomas, Alito, Kavenaugh, Gorsuch, etc spanking them hard over this.
nightsaysni 1 points 3m ago
Fuck the stolen seats
epidemica 1 points 11m ago
Waiting for the state's rights party to chime in with how the Federal government should supersede in *this* case, but not the other cases they wanted different outcomes in.
PsychLegalMind -15 points 1h ago
Good for them! But further appeal results might bring disappointment by a 6-3.
ih-shah-may-ehl 1 points 1h ago
Was going to say that. The gun lobby has deep pockets and lots of lobbyists and lawyers. So scotus IS going to weigh in sooner, rather than later.

Edit lol being downvoted for the truth.
Notanidiot67 1 points 55m ago
They've already Venmoed Thomas a "speaking fee"
Dysfunction_Is_Fun 1 points 51m ago
This is going to upset so many people that think the constitution only consists of the 2nd amendment.

Good.
jayv9779 1 points 15m ago
And they only use part of the second. They ignore half the sentence.
CountyBeginning6510 -27 points 1h ago
I totally agree with this, no one needs a magazine for self defense it's not protected by 2A.
Tyklartheone 1 points 53m ago
I own two guns and couldn't agree more. Only unhinged losers are against this.
Frozen_Thorn 1 points 15m ago
That or people who don't want to be lynched by right-wing mobs.
GarlandTejada 1 points 58m ago
Good ruling for states rights and voters.
BeowulfsGhost 1 points 40m ago
Interesting point about limiting mag size. I don’t recall 30 or 100 rounds mags in my reading of colonial history. Nor do I recall automatics or even semi-automatics. Does the recently created SCOTUS standard mean states can ban anything not in common use in the late 1700s? Muzzle loaded black powder arms would make mass shootings a lot more difficult!
DUNG_INSPECTOR 1 points 16m ago
Careful there. Things like artillery, cannons, howitzers, and even ships of war were all owned by private citizens in the 1700s.

I also have to ask if the 1st Amendment shouldn't apply to any form of electronic communication, seeing as though that didn't exist in the 1700s?
BeowulfsGhost 1 points 6m ago
I didn’t make the ruling SCOTUS did.
venom259 1 points 29m ago
Does the 1st Amendment only apply to the printing press?
jayv9779 1 points 8m ago
Will the laws for automobiles work for planes? They are both just transportation.
onlyreadtheheadlines 1 points 30m ago
Bill of Rights 1791

Puckle Gun 1718

The 20 round flintlock Chelembron 1688

Not sure the name but there was a rapid fire system that someone tired to sell to the newly formed usa gov but we didn't buy. Cause you know... We were poor.

Or just a history https://guides.loc.gov/machine-gun-its-history-development-and-use
BeowulfsGhost 1 points 9m ago
Something about “in common use”…
Deluxe78 1 points 24m ago
I don’t recall electronic media being mentioned in the first amendment, no mention of Ring doorbells in the 5rd or 4th amendment, or Air Force or space force mentioned in the 3rd
Shesaidshewaslvl18 1 points 33m ago
They specifically used arms...instead of say muskets because theBible. Npt all seeing all knowing seers. It's a clear interpretation of having forward thinking for technology moving ahead.

You're applying the same fundamental literal interpretation stance that Christians use to persecute people based on literal interpretation of the bible.
hpark21 1 points 8m ago
Conservative SCOTUS recently seems to be taking more and more literal meanings of the 400 yr old text.

How about any firearm more advanced than ones available during the days of writings of constitutions will be heavily regulated.
Viper67857 1 points 32m ago
You just need a rooftop and 100 muzzleloaders lined up... Good luck aiming at anything more than 30ft away with ball rounds, though
Deluxe78 1 points 20m ago
What happened to those rifles? are they broken because period rifles had a effect range of 100 yards
A_UsernameXD 1 points 33m ago
As long as civilians can legally purchase guns, mass shootings will never stop.

your background checks don't do enough to mitigate the risk. and neither will this magazine limitation.
Teter 1 points 15m ago
I love people like you. “Lets not try anything at all!” What a fucking joke.
JeremeRW 1 points 17m ago
Treat all guns like we do machine guns. Grandfather current ones and require the same licensing for new ones. Add a $3 per round tax on all ammo.
Muvseevum 1 points 5m ago
Unfair to poor people.
JeremeRW 1 points 3m ago
Maybe they should be more worried about getting out of poverty instead of buying frivalous and dangerous luxuries.

Capitalism worked great in many other circumstances, including the control of machine guns. When was the last time a machine gun was used in a violent crime?
Frozen_Thorn 1 points 5m ago
If you don't need more than 10 rounds for self defense than why are cops exempted? Is the state saying that cops need to be able to kill as many people as possible?

No, it's because liberals are just as much boot-lickers as conservatives. That is why they are exempt. The people most impacted by these laws will be minorities.
AvailableFunction435 1 points 4m ago
This is “tough” for whom? The “tough” Gun toting 2A extremists? I’m sure the 2A scholar would see this as the responsible, bare minimum, of common sense gun laws.
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