Mag Ban Ruling is Back On The Menu

In The Case Stayed Since 2019, Judge Is Finally Ready To Move Forward

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A Map Of How WA Voted on I-1639 4 Years Ago
Photo Credit: WA Secretary of State

The absolute chads over at Firearms Policy Coalition have been slugging away at California’s standard capacity mag ban for years, and if it goes our way, could mean big things for states dealing with their own magazine ban. First among those are other members of the 9th Circuit; Washington and Oregon. Washington has had its own magazine ban enacted this year, and Oregon now has Ballot Measure 114 also banning mags over 10rd in capacity, that will be voted on in November.

Despite criticism about the lack of crime-prevention efficacy, the dearth of law enforcement support or enthusiasm for prosecuting mag bans and other such laws, not to mention the unenforceability of them, Anti-gun orgs rarely let go of a position they’ve settled into. Oregon’s proposed law goes beyond the magazine ban, and establishes a Massachusetts style gun ownership permit and prerequisite safety class. While some might argue those aren’t direct infringements, the idea of a “poll tax” on an enumerated right, and the obvious barrier to the exercise of same this places for the poorest residents are obvious to many, especially those in marginalized communities anti-gun orgs claim to want to help.

Worse yet, Oregon Measure 114, if passed, will become law with zero preparation for complying with it. There is no vetted class, paperwork/application for the permit, or state or even police policy on who can teach the class, where it can be held, how much it costs, or what the standards for pass/fail are. A win for 114 in November means that, until these issues are funded and worked out, nobody in the state will be able to legally purchase a gun, from a store or a private citizen. If a class is required to get a permit, and there is no class, or permit to get, what is this but a de-facto ban on all gun purchases?

It’s easy to come up with ideas, and imagine that they might affect positive change in the world. What’s difficult (and apparently not on the anti-gun agenda) is ensuring those ideas mesh with reality, and have the proper funding, manpower, and infrastructure necessary to actually functionally implement them, without harming law abiding people in the process. What’s also easy, however, is coming to the conclusion that the elimination of firearms purchases in the state of Oregon is not a bug, but a feature of Measure 114. Hopefully the FPC and their endeavors in California will bear fruit soon, and the question of the status of the standard capacity mag ban and more will all become moot.