Boots & Sabers

The blogging will continue until morale improves...


Everything but tech support.

1930, 06 Dec 22

Oregon’s Unconstitutional Gun Laws Coming Into Force

This is a good lesson in why it is important that we live in a Constitutional Republic and not a Democracy

Measure 114, which narrowly passed in the midterms, requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers and bans the sale, transfer or import of gun magazines over 10 rounds unless they are owned by law enforcement or a military member or were owned before the measure’s passage. Those who already own high-capacity magazines can only possess them in their homes or use them at a firing range, in shooting competitions or for hunting as allowed by state law after the measure takes effect.


After Thursday, a gun cannot be sold or transferred until the background check comes back; previously, sales could take place if the check took longer than three business days — the so-called “Charleston loophole,” a gap in federal gun law that allowed the purchase of the gun used in a 2015 South Carolina mass shooting.


Multiple gun rights groups, local sheriffs and gun store owners have sued, saying the law violates Americans’ constitutional right to bear arms. Gun sales and requests for background checks soared in the weeks since the measure was approved by voters Nov. 8 because of fears the new law would prevent or significantly delay the purchase of new firearms under the permitting system.

In a Democracy, this would be fine. Majority rules. But, thankfully, our Founders were fearful of the Tyranny of the Majority (like this) and established a Constitutional Republic. In our Republic, individual rights are protected even (especially) when the majority wants them quashed.

Oregon’s law is clearly unconstitutional and an unacceptable abridgement of basic civil rights, but they are going to have to fight it out.


1930, 06 December 2022


Pin It on Pinterest