Oregon’s mag ban, gun permit BM114, is dead. Oregon judge enjoined

[biodsl]

This case was filed in Circuit Court of Harney County on the grounds that the measure violated the Oregon constitution. Since the 2nd Amendment was not at play, Bruen didn't figure in. There was lots of testimony around the history firearm ownership and technology during the adoption of the Oregon constitution in the 1850's. A five part (5!) balancing test was applied to determined constitutionality. Judge Raschio found the magazine capacity limit unconstitutional, as well as the permit-to-purchase requirement. The State provided no evidence that the measure would increase public safety. Two sheriff's testified the measure would decrease public safety for the citizen's of their counties. The FBI testified they are not authorized to run criminal histories checks for non-law enforcement entities (the measure specifies FBI checks communicated to government "designees").

Immediately upon issuance of the ruling, the Oregon Attorney General issued a statement: “The Harney County judge’s ruling is wrong. Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal and we believe we will prevail,” Attorney General Ellen Rosenblum said in a statement.

This is not over.