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Court of Appeals Rules Semi-Autos Rifles & Many Magazines Illegal

Court of Appeals Rules Semi-Autos and Many Magazines Illegal

Oregon Firearms Federation

Salem, Oregon --(Ammoland.com)- The US Court of Appeals for the District of Columbia has ruled that semi-automatic firearms and “large capacity” magazines may be banned.

In their ruling, the Court makes this bizarre assertion in reference to common semi-automatic rifles:

“Nevertheless, based upon the record as it stands, we cannot be certain whether these weapons are commonly used or are useful specifically for self-defense or hunting and therefore whether the prohibitions of certain semi-automatic rifles and magazines holding more than ten rounds meaningfully affect the right to keep and bear arms.”

The ruling is not a very big surprise in light what the Courts concluded in “Heller” but are a serious blow to gun rights non the less.

Given the clear language of the Second Amendment, and the finding in the Miller case, (US VS MILLER http://tinyurl.com/3cmsoa4 ) which concluded that only military weapons are protected, this is a strange and dangerous decision. But perhaps no stranger than others.

You can read the Court’s ruling here: http://tinyurl.com/18r

About:
The Oregon Firearms Federation has proven itself to be Oregon’s only no compromise lobbying group, OFF takes the same tough stands and serves as a vehicle for educating gun owners, promoting their rights and when necessary, fighting the freedom haters in court. Visit: www.oregonfirearms.org

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Victory In Court Regarding Oregon University Firearms Ban Rules

Oregon Firearms Federation

Salem, Oregon --(Ammoland.com)- Today, after several years of legal maneuvering, the Oregon Appeals Court decided that the rules the Oregon University System has had in place to ban lawful carry of firearms on their property are invalid.

The opinion reaffirmed what we have always held to be true. The law is the law.

This is a very important day for gun rights in Oregon. Our Educational Foundation brought this suit after Jeffery Maxwell, a Marine Corps veteran, was unlawfully arrested on the campus of Western Oregon University while in possession of a handgun for which he had an Oregon concealed handgun license.

WOU’s outrageous abuses of Maxwell are well documented, and now we have at least some vindication.

Looking at the response of the school system, it is clear that they will do all in their power to circumvent the decision of the court, and we are confident that this battle is by no means over. But today’s ruling is clearly a victory for gun owners, a victory for the Oregon Firearms Educational Foundation, and most of all, a victory for every one of you who stood by us, and, by your extraordinary generosity, allowed us to see this through. To each of you, we offer our thanks and gratitude.

Of course, there will be the predictable response by some of the more extreme anti-rights politicians, so we need to prepare for the up coming battles, but for now, congratulate yourselves on a hard-earned victory.

We also want to thank those in the legislature who stood up for the rights of Oregonians as this issue played out.

Below is the most important part of today’s decision.

Although the State Board of Higher Education is an arm of the state, it is not the Legislative Assembly. And while, as noted, the State Board of Higher Education has general authority to control and manage its property, ORS 351.060, and to enact administrative rules, ORS 351.070(4)(b), no argument can be reasonably made that OAR 580-022-0045(3)–which regulates the very subject expressly preempted by ORS 166.170(1)–was “expressly authorized” by the Legislative Assembly. See ORS 166.170(1). Therefore, we conclude that OAR 580-022-0045(3) is an exercise of an “authority to regulate” firearms that is not expressly authorized by the Legislative Assembly, and that it is preempted by ORS 166.170(1).1 Accordingly, the rule exceeds the agency’s authority, ORS 183.400(4)(b), and is invalid.

OAR 580-022-0045(3) held invalid.

About:
The Oregon Firearms Federation has proven itself to be Oregon’s only no compromise lobbying group, OFF takes the same tough stands and serves as a vehicle for educating gun owners, promoting their rights and when necessary, fighting the freedom haters in court. Visit: www.oregonfirearms.org

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