Federal Court Judge Rules Measure 114 Is Constitutional

Portland, Ore. — A federal court has dismissed multiple challenges to Oregon’s magazine restrictions, upholding the state’s right to regulate the possession and use of large-capacity magazines (LCMs). The court concluded that the restrictions do not violate the Second Amendment or the Fifth and Fourteenth Amendments’ due process clauses.

The court’s decision was based on several key findings. First, it determined that LCMs are not commonly used for self-defense and therefore fall outside the scope of Second Amendment protection. It also recognized that even if LCMs were covered by the Second Amendment, the state’s regulation of these devices is consistent with the historical tradition of regulating dangerous features of firearms to safeguard public safety.

The court further upheld the state’s permit-to-purchase regime, stating that it establishes objective criteria for issuing permits and does not grant unfettered discretion to permitting agents. It concluded that the permit requirements do not infringe on the Second Amendment rights of law-abiding citizens.

Regarding the Fifth Amendment’s takings clause, the court found that the plaintiffs failed to prove that the magazine restrictions would result in a negative economic impact on their businesses. It reasoned that speculative assertions about loss without concrete accounting data were insufficient to establish a violation of the Fifth Amendment.

Lastly, the court rejected the plaintiffs’ due process challenge under the Fourteenth Amendment, ruling that the restrictions did not deprive individuals of a constitutionally protected liberty interest. It held that the language of the law was clear enough to give a person of ordinary intelligence fair notice of what is prohibited, thus dismissing the claim of vagueness.

With this ruling, Oregon’s magazine restrictions remain in effect, as the court upheld their constitutionality. The decision highlights the state’s authority to regulate firearms in the interest of public safety while balancing the rights of gun owners.