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Magazine Ban Permanently Struck Down As Unconstitutional. Appeals Court Agrees

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HR All-American
Jul 17, 2023
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Oregon Court of Appeals© Source: Youtube
Gun rights supporters in Oregon are rejoicing over a significant win as the statewide prohibition on high-capacity magazines has been overturned by the courts.

The Oregon Court of Appeals has upheld Measure 114, originating from the case of Arnold versus Kotek, thereby maintaining the block on the contentious legislation. Attorney Anthony Miranda recently delved into the details of this pivotal ruling in a comprehensive analysis on YouTube.

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Ammunition Availability

Ruger SR-556



Measure 114
Background of Measure 114: Enacted by Oregon voters in 2022, Measure 114 was designed to tackle concerns regarding gun violence through the implementation of stricter regulations. The law necessitated a permit for firearm purchases, along with requirements such as safety training, background checks, fingerprinting, and the presentation of a valid ID for acquiring guns.

No Transactions Allowed
No Transactions Allowed: Furthermore, the legislation prohibited the sale, purchase, transfer, and possession of magazines capable of containing more than 10 rounds of ammunition.

Advocates
Advocates, including groups like Gun Owners of America (GOA) and the Second Amendment Foundation (SAF), contested the measure on grounds of violating Oregon's state constitution, specifically citing Article 1, Section 27, which upholds the right to bear arms for self-defense.



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Practical Utility


CZ 805 Bren S1



Court's Verdict
Court's Verdict: Judge Robert Raschio from the Harney County Circuit Court sided with the plaintiffs, imposing a permanent injunction against Measure 114. He concluded that the law placed an unjustifiable burden on the right to bear arms, a safeguarded right under the Oregon Constitution.


Oregon Court of Appeals
Gun rights supporters in Oregon are rejoicing over a significant win as the statewide prohibition on high-capacity magazines has been overturned by the courts. The Oregon Court of Appeals has upheld Measure 114, originating from the case of Arnold versus Kotek, thereby maintaining the block on the contentious legislation. Attorney Anthony Miranda recently delved into the details of this pivotal ruling in a comprehensive analysis on YouTube.

Appeal for Magazine Ban Reinstatement
Appeal for Magazine Ban Reinstatement: Despite the ruling, The State of Oregon has appealed Judge Raschio's decision, aiming to restore the magazine ban and permit requirement while the legal dispute unfolds.

Denied Request
Denied Request: The Appeals Court rejected the plea, preserving the current state where gun regulations remain unaltered. Furthermore, the court recognized the case's significance and expedited the appeal process by scheduling prompt hearings and briefs.

Importance of the Ruling
Importance of the Ruling: Miranda emphasized that the Appeals Court's decision represents a significant triumph for gun rights proponents in Oregon.

Doubt
With the magazine ban and permit mandate halted, Miranda expressed doubt that they would ever come into effect, even if the case proceeds to the Oregon Supreme Court or the US Supreme Court.


https://www.msn.com/en-us/news/us/m...4c23fa184645c4beb95fb9bdc24922&ei=12#image=12
 
With the magazine ban and permit mandate halted, Miranda expressed doubt that they would ever come into effect, even if the case proceeds to the Oregon Supreme Court or the US Supreme Court.
 
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