Judge blocks Oregon magazine capacity restrictions

State Attorney General Ellen Rosenblum has announced her intent to appeal the ruling.

Published: November 22, 2023 4:03pm

An Oregon judge this week ruled against an Oregon law restricting magazine capacity and imposing requirements that would-be gun buyers complete both a background check and a firearm safety course to obtain the requisite permit.

Circuit Court Judge Robert S. Raschio determined that Measure 114 violated the state constitution, which includes a right to bear arms independent of the Second Amendment to the U.S. Constitution, according to the Associated Press.

Raschio originally blocked the law in December and it will likely remained stayed amid the appeals process. In his ruling, Raschio took aim at the government's claim a magazine capacity limit would limit fatalities in the event of a mass shooting, saying "[t]he court finds that 10-round magazine bans are no panacea to prevent a mass shooter."

He further highlighted the statistical rarity of such occurrences and insisted public perception of their frequency was inaccurate. 

"People tend to believe these events are prolific and happening all the time with massive levels of death and injury," he continued. "The court finds this belief, though sensationalized by the media, is not validated by the evidence."

State Attorney General Ellen Rosenblum has announced her intent to appeal the ruling.

The dispute over the permit requirement, moreover, comes shortly after a ruling by the 4th Circuit Court of Appeals that found Maryland's requirement that gun purchasers obtain a permit violated the Second Amendment.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter. 

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