Posted on 03/13/2025 5:47:55 AM PDT by where's_the_Outrage?
SALEM, Ore. (AP) — An Oregon appeals court on Wednesday found that a gun control law approved by voters over two years ago is constitutional, reversing a lower court ruling from a state judge who had kept it on hold.
The law, one of the toughest in the nation, requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines holding more than 10 rounds.
Measure 114 has been tied up in state and federal court since it was narrowly approved by voters in November 2022. It was among the first gun restrictions to be passed after a major 2022 U.S. Supreme Court ruling changed the guidance judges are expected to follow when considering Second Amendment cases.
A state judge in rural southeastern Oregon temporarily blocked the law from taking effect after gun owners filed a lawsuit claiming it violated the right to bear arms under the Oregon Constitution. Circuit Court Judge Robert S. Raschio then presided over a 2023 trial in Harney County and ruled that the law violated the state constitution. The Oregon attorney general's office appealed the ruling.
In their Wednesday opinion, a three-judge panel of the Oregon Court of Appeals found that the law’s permit-to-purchase program and high-capacity magazine ban do not “unduly frustrate” the right to armed self-defense under the state constitution.
(Excerpt) Read more at msn.com ...
If this is Constitutional than it should be Constitutional to require voters to:
Be US Citizens
Provide government ID
Be competent enough to pass a voter training class
As voting is more dangerous than gun ownership.
Commie judges and ignorant city dwellers refuse to acknowledge what infringe means. Piss on all of them.
Sorry, wrong, the U.S. Constitution has precedence over state laws, & even state constitutions. For the U.S. Constitution is the law of the land known as the United States of America.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
“The Militia must undergo criminal background checks and complete gun safety training courses in order to obtain a permit to buy a firearm.”
gun rights are fully covered in the Bill of rights that the Founders layed out while voting rights for the People....not so much. pretty sure they knew how fickle and ignorant the general population of the future would end up being and voting would become a popularity contest of politicians at best and at worst...bought and paid for politicians. and here we are.
Yup, I say go for it Oregon, what could go wrong 😎
Criminals applaud
License to posess laws needs to go up to SCOTUS.
Under Heller and Bruen, and 2A. ALL of these should be shot down and declared unconstitutional on the Natl level.
This is really simple.
If you need to fill out forms, Pay money to apply, and then have the state approve or deny.. then it is not a Right. It is privaledge.
Sorry, but not just mi,itiamen are allowed to own guns according,to our Founding Fathers
Gun Quotations of the Founding Fathers
“A free people ought not only to be armed, but disciplined...”
- George Washington, First Annual Address, to both House of Congress, January 8, 1790
“No free man shall ever be debarred the use of arms.”
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776
“I prefer dangerous freedom over peaceful slavery.”
- Thomas Jefferson, letter to James Madison, January 30, 1787
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
- Thomas Jefferson, letter to James Madison, December 20, 1787
“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776
“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” - Thomas Jefferson, letter to Peter Carr, August 19, 1785
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824
“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.”
- Thomas Jefferson, letter to William Johnson, 12 June 1823
“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
- Benjamin Franklin, Historical Review of Pennsylvania, 1759
“To disarm the people...[i]s the most effectual way to enslave them.”
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788
“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788
“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.”
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787
“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”
- James Madison, Federalist No. 46, January 29, 1788
“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison, I Annals of Congress 434, June 8, 1789
“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.”
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun.”
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
“This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”
- St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803
” The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.”
- Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samuel Adams, Massachusetts Ratifying Convention, 1788
“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”
- Joseph Story, Commentaries on the Constitution of the United States, 1833
“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.”
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789
“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.”
- Alexander Hamilton, Federalist No. 25, December 21, 1787
“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.”
- Alexander Hamilton, Federalist No. 28
https://www.buckeyefirearms.org/gun-quotations-founding-fathers
“The law, one of the toughest in the nation, requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm”
Exactly what they just passed in Colorado. Mike Bloomberg is all over the West buying legislators. Plus they want a registry and a FOID card. They are kicking rights to the curb and they’re laughing about it.
No different than here in The Peoples Republic of Connecticut.
this should be overturned by the Supremes, 9-0, but i doubt it will be that unanimous.
BS! Only a court can remove my rights...I NEVER should be required to get permission for what the court must obtain.
https://freerepublic.com/focus/f-chat/4303955/posts
New report: Civilians stop more active shooters than law enforcement
American Thinker ^ | 12 Mar, 2025 | Olivia Murray
Posted on 3/13/2025, 8:10:05 AM by MtnClimber
https://freerepublic.com/focus/f-chat/4303955/posts
New report: Civilians stop more active shooters than law enforcement
American Thinker ^ | 12 Mar, 2025 | Olivia Murray
Posted on 3/13/2025, 8:10:05 AM by MtnClimber
You really need to read the highly suppressed and now out of print 1982 Senate report on the RKBA. I have a paper copy from the US Government printing office.
Here is an on line copy.
https://guncite.com/journals/senrpt/senrpt.html
“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).
“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).
“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
And the SCOTUS case that led to the Civil War..
Are Negros citizens...Dred Scott
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
Voters approved it by nearly 60-40. Let that sink in.
The federal constitution has supremacy over the state ones. Even states that added their own version of 2A only did so in case the feds reneged on their own 2A promise.
All infringement all the time!
I thank both of you for those posts.
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