Oregon judge to decide in new trial whether gun control law is constitutional

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 scheduled to start 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. 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 like promoting public safety.

Immergut found large-capacity magazines “are not commonly used for self-defense, and are therefore not protected by the Second Amendment.” Even if they were protected, she wrote, the law’s restrictions are consistent with the country’s “history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety.”

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