Second Amendment Protection Overturned in Oregon

PORTLAND, Oregon (AP) — Oregon municipalities cannot declare Second Amendment protected areas to bar police from enforcing specific gun control laws, state appeals court says decided on Wednesday. adopted in recent years.

The measure in question, approved in Columbia County, prohibits local authorities from enforcing most federal and state gun laws, and could result in fines of thousands of dollars for anyone who attempts.

A state appeals court ruled that they violated a law that gives states the power to regulate firearms. “Creating a ‘patchwork quilt’ for Oregon’s firearms law that cannot be used,” which legislators specifically wanted to avoid.

About 1,200 local governments across the United States, including Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, have adopted Second Amendment sanctuary resolutions, according to experts. Many are iconic, but some have legal force, like Columbia County, a conservative rural logging area in Oregon in deep blue.

The Sanctuary movement began around 2018, when states considered tougher gun laws in the wake of mass shootings, but has never faced major legal troubles.

The Oregon lawsuit was filed in 2021 under a provision of state law that allows judges to consider actions before they take effect. The trial judge initially rejected the judgment and appealed to the High Court.

Supporters of the ordinance, including the Oregon Firearms Federation, said in a statement Wednesday that the ruling “has called into question the legitimacy of the courts and the likelihood that a fair judgment will result from them.” rice field.

Opponents included the legal division of the group Everytown for Gun Safety, which argued that the ordinance violated the U.S. Constitution. Eric Tirschwell, executive director of Everytown Law, called the court’s decision “a victory for public safety and the rule of law.”

“Opponents of gun safety laws have every right to advocate for changes at the ballot box, state legislatures, or legislatures, but claiming to override them at the local level is unconstitutional and dangerous. said Tirschwell.

State Attorney General Ellen Rosenblum, who sued two other Second Amendment Sanctuary counties, also applauded the ruling.

“Today’s Court of Appeals opinion makes clear that common sense requirements such as secure storage and background checks apply throughout Oregon,” said Rosenblum. “Hopefully other counties that have taken similar measures for their books will also see the writing on their walls.”


Whitehurst reported from Washington DC