A lawsuit has been filed in Federal Court to overturn a recent firearms restriction. In 2023, the Oregon Legislature passed HB 2005 which bans many home made firearms and firearm parts. The suit names current Attorney General Ellen Rosenblum and current Superintendent of the Oregon State Police Casey Codding as defendants. The plaintiffs in the suit are Dallin Montgomery, Nick Holdway, Kevin Walters, Oregon Firearms Federation, and Firearms Policy Coalition. All three individual plaintiffs have concealed carry licenses and own firearms described in the bill.

According to the complaint, "The net effect of HB 2005 is to criminalize the core aspects of the self-manufacture of firearms."

The complaint goes on to describe the history of home made firearms. "Throughout American history, people have been free to personally manufacture, construct, and/or assemble arms for lawful purposes, including self-defense in the home. In defiance of this historical tradition, Oregon’s Bans completely and categorically prohibit individuals not prohibited from exercising their Second Amendment protected rights from possessing, acquiring, and self-manufacturing firearms that are of types, functions, and designs, and are themselves, commonly owned and possessed firearms—self-made firearms that do not bear a manufacturer’s serial number, as well as the component parts used to build such arms—by law-abiding citizens for lawful purposes."

As the bill was making its way through the legislature, Oregon House Republicans pledged to support legal action against HB 2005. According to Oregon Firearms Federation Director Kevin Starrett "Oregon’s House Republicans pulled a “bait and switch” and extorted money from their members with a false promise of funding a lawsuit against the bill they helped pass. Since then they have pretended it never happened and just don’t want to talk about it." OFF is asking for donations to help defray the costs of legal action.

The complaint summarizes the reasoning behind the suit. "Because Plaintiffs’ proposed course of conduct is covered by the Second Amendment’s plain text, it the Constitution “presumptively protects” their conduct. It is thus the State’s burden to “affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.” (“[W]e are not obliged to sift the historical materials for evidence to sustain New York’s statute. That is respondents’ burden.”). Oregon cannot meet this burden. There is no well-established and representative historical tradition of banning the self-manufacture of arms that are in common use for lawful purposes or banning the self-manufacture of such arms.


--Staff Reports

Post Date: 2024-08-15 06:56:26

Last Update: 2024-08-14 10:36:17