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Oregon attorney general applauds US judge’s ruling upholding M. 114; foes expect 9th Circuit to overturn it

Associated Press

PORTLAND, Ore. (KTVZ) -- "Great news from the federal court today!" Oregon Attorney General Ellen Rosenblum said of a judge's ruling Friday upholding controversial gun Ballot Measure 114. But a gun-rights group had a decidedly different reaction and said it expects to prevail upon appeal.

The measure, approved by Oregon voters in November, requires safety training and a background check to buy a gun. It also bans gun magazines with more than 10 rounds.

Suporters said the new law would reduce mass shootings and other forms of gun violence, as well as suicides, which account for the vast majority of gun deaths in the state.

Opponents filed a federal lawsuit, claiming it violates the Second Amendment.

After a weeklong trial in early June, US District Court Judge Karin Immergut ruled that Oregon’s new gun safety laws are constitutional under the United States Constitution in their entirety.

In her 122-page ruling, Immergut wrote that "BM 114’s restrictions are consistent with this Nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety."

"The Second Amendment also allows governments to ensure that only law-abiding, responsible citizens keep and bear arms," the judge wrote. "BM 114’s permit-to-purchase regime, on its face, sets forth objective criteria for the issuance of permits, and does not allow unfettered discretion by permitting agents in assessing an applicant’s mental health status to ensure that only law-abiding and responsible citizens can purchase firearms in the state of Oregon."

For now, Rosenblum noted, "Measure 114 remains on hold due to a state court order from Harney County. But our team looks forward to ultimately prevailing in the state courts as well."

"Measure 114’s provisions —passed by Oregon voters— are common sense safety measures that will save lives," the attorney general stated.

Friday's ruling is likely to be appealed.

The Oregon Firearms Federation said in a statement that the judge had "ruled against gun owners, the Second Amendment and a basic understanding of the English language and ruled that Ballot Measure 114 is just fine."

Though they had not completed a review, the organization said, "What we have read defies belief. While not entirely unexpected, Immergut's ruling is simple nonsense and sure to be overturned at the 9th Circuit."

Harney County Judge Robert Raschio, hearing the state lawsuit, put the law on hold last December. A trial is set for September.

Article Topic Follows: Crime And Courts

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