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

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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, one of the toughest in the nation, was among the first gun restrictions to be passed after a major U.S. Supreme Court ruling last year changed the guidance judges are expected to follow when considering Second Amendment cases.

Circuit Court Judge Robert S. Raschio will preside over the trial this week in Harney County, a vast rural area in southeastern Oregon. Raschio temporarily blocked the law from taking effect in December after gun owners filed a lawsuit arguing it infringed upon the right to bear arms under the Oregon Constitution.

Since then, there has been confusion about what laws can survive. Courts have overturned laws designed to keep weapons away from domestic abusers, felony defendants and marijuana users. The Supreme Court is expected to decide this fall whether some decisions have gone too far. 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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