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Oregon judge to decide in new trial whether voter-approved gun control law is constitutional

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Oregon judge to decide in new trial whether voter-approved gun control law is constitutional


PORTLAND, Ore. (AP) — An Oregon judge is set to decide whether a gun control law approved by voters in November violates the state’s constitution in a trial scheduled to start Monday.

The law, one of the toughest in the nation, was among the first gun restrictions to be passed after a major U.S. Supreme Court ruling last year changed the guidance judges are expected to follow when considering Second Amendment cases.

Measure 114 has been tied up in federal and state court since it was narrowly passed by voters in November 2022, casting confusion over its fate.

The law requires people to complete a gun safety training course and undergo a criminal background check in order to obtain a permit to buy a firearm. The measure also bans high-capacity magazines holding more than 10 rounds.

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Circuit Court Judge Robert S. Raschio will preside over the trial this week in Harney County, a vast rural area in southeastern Oregon. Raschio temporarily blocked the law from taking effect in December after gun owners filed a lawsuit arguing it infringed upon the right to bear arms under the Oregon Constitution.

The Oregon measure was passed after a Supreme Court ruling in June 2022 created new standards for judges weighing gun laws and fueled a national upheaval in the legal landscape for U.S. firearm law.

The ruling tossed aside a balancing test judges had long used to decide whether to uphold gun laws. It directed them to only consider whether a law is consistent with the country’s “historical tradition of firearm regulation,” rather than take into account public interests like promoting public safety.

Since then, there has been confusion about what laws can survive. Courts have overturned laws designed to keep weapons away from domestic abusers, felony defendants and marijuana users. The Supreme Court is expected to decide this fall whether some decisions have gone too far.

In a separate federal case over the Oregon measure, a judge in July ruled it was lawful under the U.S. Constitution. U.S. District Judge Karin J. Immergut appeared to take into account the Supreme Court’s new directive to consider the history of gun regulations.

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Immergut found large-capacity magazines “are not commonly used for self-defense, and are therefore not protected by the Second Amendment.” Even if they were protected, she wrote, the law’s restrictions are consistent with the country’s “history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety.”

She also found the permit-to-purchase provision to be constitutional, noting the Second Amendment “allows governments to ensure that only law-abiding, responsible citizens keep and bear arms.”

The plaintiffs in that federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals.

Ten states have permit-to-purchase laws similar to the new Oregon measure: Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New York and Rhode Island, according to data compiled by the Giffords Center to Prevent Gun Violence.

Eleven states and Washington, D.C. limit large-capacity magazines holding more than 10 rounds: California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Washington, Illinois and Vermont, according to the Giffords center. The bans in Illinois and Vermont apply to long guns.

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Oregon

Oregon State MBB Falls To Nebraska In Diamond Head Classic Championship

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Oregon State MBB Falls To Nebraska In Diamond Head Classic Championship


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MORE: Offseason Movement Tracker | Scholarship Chart | Beavers Land Nebraska DL | Beavers Land USC LB | RB Coach Hotboard V1.0 | Beavers Land WVU DB | Analysis: What Are The Beavers Getting In Maalik Murphy?

HONOLULU — — Brice Williams scored 11 of his 25 points in the final six minutes and Nebraska closed on a 6-0 run to beat Oregon State 78-66 on Wednesday night in the championship game of the Diamond Head Classic.

Nebraska claimed its first tournament title since winning the San Juan Shootout in 2000 when the Cornhuskers won three games by a total of four points. Fred Hoiberg also became the first coach to win multiple Diamond Head Classic titles, including his Iowa State squad in 2013.

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After Oregon State tied it at 51-all with 10:20 to go, Nebraska used a 10-2 run to take control as the Beavers went five-plus minutes without a field goal. The Cornhuskers’ lead didn’t drop below four points the rest of the way.

Berke Buyuktuncel banked in a 3-pointer with 1:51 left to extend Nebraska’s lead to 72-63.

Buyuktuncel finished with 16 points and three 3-pointers, and Juwan Gary added 14 for Nebraska (10-2).

Nate Kingz scored 19 points and Damarco Minor added 16 for Oregon State (10-3).

Williams scored 10 points in the first half to help Nebraska take a 34-33 lead at the break. The Cornhuskers shot 50% from the field, including 6 of 11 from 3-point range in the first half.

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It was the second straight year Nebraska and Oregon State met at a neutral site, with last year’s game being played in South Dakota.

Nebraska returns home to play Southern on Monday, when Oregon State hosts Portland.

AP

MORE: TE Jackson Bowers Commits | Beavers Land Duke QB Maalik Murphy | Beavers Land UCF OL Keyon Cox | Beavers Land Nevada OL



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No utility rate increases until wildfire lawsuits resolved, Oregon lawmakers propose

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No utility rate increases until wildfire lawsuits resolved, Oregon lawmakers propose


Three Oregon lawmakers say they plan to introduce a bill that would bar utilities from raising rates if they have unresolved wildfire lawsuits for three or more years, describing it as an effort to hold PacifiCorp accountable as the utility faces a series of lawsuits stemming from the deadly 2020 wildfires that ravaged the state.

Republican state Reps. Jami Cate, Virgle Osborne and Ed Diehl announced their proposal in a statement Monday, on the heels of an approved rate increase for PacifiCorp customers and a federal lawsuit against the electric power company.

The federal government sued PacifiCorp last week over the Archie Creek Fire, which ignited in Oregon’s Douglas County in September 2020 and burned more than 200 square miles, about half of which was federal land. The complaint accuses the company of negligence for failing to maintain its power lines to prevent wildfires. In its filing, the government says it brought the suit to recover “substantial costs and damages.”

A PacifiCorp spokesperson said in an emailed statement Monday that the company was working with the U.S. government to resolve the claims.

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“It is unfortunate the U.S. government decided to file a lawsuit in federal district court, however PacifiCorp will continue to work with the U.S. government to find reasonable resolution of this matter,” the statement said.

The federal lawsuit was filed on the same day the Oregon Public Utility Commission approved a 9.8% rate increase for PacifiCorp’s residential customers next year. In its rate case filings, the company said its request to increase rates was partly due to higher costs stemming from wildfire risk and activity.

When the new rate takes effect in January, PacifiCorp rates will have increased nearly 50% since 2021, according to the Oregon Citizens’ Utility Board, which advocates on behalf of utility customers.

The three lawmakers said they will introduce their bill in the upcoming legislative session, which starts in January.

“The federal government is doing the right thing by filing this lawsuit, and we stand firmly behind it,” Osborne, who is set to be the future bill’s co-chief sponsor, said in a statement. “PacifiCorp needs to pay up and take responsibility for the destruction they’ve caused, and putting a stop to rate hikes is the best way to achieve it.”

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PacifiCorp is poised to be on the hook for billions in damages in the series of lawsuits over Oregon’s 2020 fires.

The company has already reached two settlement agreements over the Archie Creek Fire, including one for $299 million with 463 plaintiffs impacted by the blaze and another for $250 million with 10 companies with commercial timber interests, according to its website.

In other litigation, an Oregon jury in June 2023 found it liable for negligently failing to cut power to its 600,000 customers despite warnings from top fire officials and determined it should have to pay punitive and other damages — a decision that applied to a class including the owners of up to 2,500 properties. Since then, other Oregon juries have ordered the company to pay tens of millions to other wildfire victims.

The wildfires that erupted across Oregon over Labor Day weekend in 2020 were among the worst natural disasters in state history, killing nine people and destroying thousands of homes.

— The Associated Press

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North Central Oregon and Central Oregon under a wind advisory until Thursday morning

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North Central Oregon and Central Oregon under a wind advisory until Thursday morning


On Wednesday at 2:18 a.m. the National Weather Service issued a wind advisory valid from 10 p.m. until Thursday 10 a.m. for North Central Oregon and Central Oregon.

The weather service states, “South winds 10 to 20 mph with gusts up to 45 mph expected.”

“Gusty winds will blow around unsecured objects. Tree limbs could be blown down and a few power outages may result,” adds the weather service. “Winds this strong can make driving difficult, especially for high profile vehicles. Use extra caution.”

Advance Local Weather Alerts is a service provided by United Robots, which uses machine learning to compile the latest data from the National Weather Service.

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