Last edited Tue May 18, 2021, 01:05 PM - Edit history (1)
up the constitutionality of ORS 166.170 which states:
(1)Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
(2)Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
This pretty much says only the state can regulate this particular issue. If the Oregon court upholds this law, then the locality would be in the wrong and their ordinances would be void.
There is an interesting conflict within this law.
§ 1 contains the following language "the authority to regulate in any matter whatsoever". This whatsoever is pretty powerful stuff. BUT §2 narrows that down some...
This conflict, in my mind, makes the Oregon court's ruling highly unpredictable.
The big question here is "Is this a hill a politician is prepared to die on"?
Supporting or opposing this law could be a CLM (career limiting move) depending upon one's long term goals.
This applies to parties as well. Back the wrong horse and it might cost the party. These aren't the days of FDR where Democrats could take a double digit loss in seats and still maintain their majority.
The current Democratic margin is razor thin (8 seats in the House and dead heat in the Senate). The average seats lost by the president's party is 27 in the House and 3-4 in the Senate during the midterms. The Democrats have to play defense to protect that lead.
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