Arms Used for Military Purposes Constitutionally Protected

Quote of the Day

Oregon citizens have a right to self-defense against an imminent threat of harm, which is unduly burdened by Ballot Measure 114.

Three salient facts were agreed upon by the parties at trial: A) Ballot Measure 114 delays the purchase of firearms for a minimum of 3Odays; B) the permit-to-purchase program derives
its language source in the concealed handgun license statutes (ORS 166.291,; and C) the Federal Bureau of Investigations (FBI) refuses to conduct criminal
background checks. The court finds these agreed to facts are fatal to the constitutionality of the permit-to-purchase scheme.

Ballot Measure 114, Section 11 is facially unconstitutional by a finding of clear and convincing evidence as demonstrated above. The court’s legal and factual conclusion is that Ballot Measure 114 does not increase public safety but diminishes it while creating nearly a million presumed misdemeanants. A result that is not reasonable under Article l, § 27 as defined by Oregon Supreme Court pursuant Christian.

Robert S. Raschio
24th Judicial District (Grant/Harney)
Presiding Circuit Court Judge
November 21, 2023
Measure 114 blocked by Oregon circuit court judge

Good stuff. I found reading the entire thing rather interesting. I was especially taken by something pointed out in the history section. Paraphrasing, all firearms which were in existence at the time the Oregon constitution was ratified are obviously protected by the constitution. As this was in 1857 multi-shot technology, such as Colt revolvers, were in present and in use in Oregon at that time.

Also, previous Oregon State Supreme Court analysis developed from an historical analysis and

In the end, the court concluded that the ‘arms’ that the state constitution guarantees a right to possess consist of those that would have been used by nineteenth-century settlers for personal defense and military purposes.

Emphasis added.

Oregon needs not just machine gun, but grenade launcher and hand grenade sporting events in their high school sporting events. Such activity would be protected by the 2nd Amendment as shown by both the Miller decision and the Oregon State Constitution.


3 thoughts on “Arms Used for Military Purposes Constitutionally Protected

  1. Good on Justice Raschio! Hard slaps from the judiciary are much kinder than the other type of reforms this sort of legislation brings. Or should bring.
    But the fact that the communists wrote and passed 114 is the real test of it.
    Mail-in voting, motor-voter is fraud to the full measure of communist inspired democracy. And leads to such ignorance presented as the will of the people. What a really bad joke we have become.
    Oregon is a truest example of; “You’re not voting your way out of this one”. That exists in our world today.
    And Stalin would be proud!
    Don’t let it happen in your state. As the courts will not always be with us.

    • Washington is riding hot on the heels of Oregon with their last round of proposed legislation – and they won’t give up on them because Oregon faltered in their advance towards Socialist utopia, either. Nah, all these anti-gunners keep pushing the same tired concepts – recently upgraded to clearly obnoxious and decidedly unconstitutional – in the hopes they can make something stick, somewhere.

      • The plan is obviously to keep passing unconstitutional stuff and after the courts fiddle-fart around for a few years pass a slightly different law. Rights denied indefinitely and no accountability.

Comments are closed.