A voter-approved Oregon gun control law violates the state constitution, a judge ruled Tuesday, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.
The law 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.
The plaintiffs in the federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals. The case could potentially go all the way to the U.S. Supreme Court.
Background checks for gun ownership absolutely is a common sense law. Sadly the state constitution is poorly written in this case, so that needs fixed before a measure like this can be approved.
This law had nothing to do with background checks. Oregon and federal law already require background checks.
This required a special permit to purchase a gun which is not allowed.
No permit necessary for tanks and nukes then, right?
Nope! You can buy a tank online. Probably will set you back about as much as a new Ferrari for a restored Cold War example, but no permit required.
Munitions included? Who wants a gun with the trigger welded?
No, but you can probably apply to the ATF for a destructive device registration if you make its gun operational.
I think you also need to do the same for each shell. I know you have to do this for grenade launchers, I’m assuming it’s the same for tank shells (especially exploding rounds, not sure about non-exploding).
The 2nd Amendment applies to BEARABLE arms. Tanks, nukes, missiles aren’t bearable.
Caetano - 2016
https://supreme.justia.com/cases/federal/us/577/14-10078/
“The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”
Got it. So as long as I can carry it, I should never need a permit. RPGs? Stinger missiles? Or does it have to use bullets?
And can you give me any logical reason to make that distinction other than “those are the words in the Constitution”?
RPGs, grenades and the like fall under “destructive devices” and as such aren’t covered under the 2nd Amendment. They’re regulated under the firearms act of 1968.
https://www.criminaldefenselawyer.com/resources/criminal-defense/weapons-firearms/is-it-legal-own-hand-grenades
Right. And I’m asking you to give me a reason for the distinction, not proof that the distinction has been made.
I know that’s how the law has been interpreted up to this point. I’m asking you to explain why you believe it to be the correct interpretation
The reason for the distinction between firearms and “destructive devices” is the firearms act of 1968.
I think the root cause for the confusion is people forget that the agency isn’t the ATF, it’s the ATFE (I guess the “E” is silent? :)
Alcohol, Tobacco, Firearms, and Explosives.
Explosives are their own category, it’s right there in the name.
So you agree that armor-piercing ammunition should not be legal, correct? It shoots from a gun, but it explodes. So it is a destructive device.