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Oregon Firearms Federation v. Kotek


Defending Oregon’s restriction on large-capacity magazines and permit-to-purchase requirement.

Court: District of Oregon

Issues at Stake: Large-capacity magazines; Licensing/registration

Summary: Oregon Firearms Fed’n, Inc. v. Kotek is a challenge to Oregon Ballot Measure 114. Specifically, plaintiffs allege that Measure 114’s restrictions on large-capacity magazines and requirement of a permit to purchase firearms violate the Second Amendment.

Everytown filed an amicus brief in the U.S. District Court for the District of Oregon arguing that Measure 114 is constitutional under the approach to Second Amendment cases set out in New York Rifle & Pistol Ass’n v. Bruen. The brief explains that plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers their proposed conduct. It also argues that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider earlier and later laws. Lastly, the brief explains that even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen.

Decision: On July 14, 2023, after trial, the court entered judgment in favor of Oregon on all claims and upheld Measure 114 as constitutional.

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