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.

  • jordanlund@lemmy.world
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    7 months ago

    Red Flag laws are acceptable because, before someone has their guns taken away, they do get due process in a court of law.

    So somebody gets flagged, they go to court, they get to face their accuser, they get to defend themselves, after all that, a neutral 3rd party (the Judge) makes the call.

    That court process is the key thing that defines who can buy a gun and what goes into a background check.

    So, for example, the Parkland shooter had been reccomended for an involuntary hold but it never went through a court and a judge. Because of that, it was never applied to his background check and he bought his guns free and clear.

    https://en.m.wikipedia.org/wiki/Parkland_high_school_shooting

    You would think, with all of his problems, SOMETHING would have fouled his background check. Nope! I’d suggest we overhaul what does or does not appear in a background check and make sure kids like this can’t get access to guns.

    • ryathal@sh.itjust.works
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      7 months ago

      As written today most red flag laws do not grant due process and will likely be struck down for violation of the 5th ammendment before 2nd amendment arguments are even considered.