Oregon’s ‘immoral’ ghost gun ban challenged in federal lawsuit

PORTLAND, Ore. (KOIN) – In the latest legal challenge against Oregon gun laws, a federal lawsuit was filed Monday against the state’s ban on so-called “ghost guns,” arguing the law violates the Second Amendment.

The Firearms Policy Coalition filed the lawsuit over House Bill 2005 in the District Court of Oregon against Attorney General Ellen Rosenblum and Oregon State Police Superintendent Casey Codding in their official capacities.

FPC, a nonprofit, filed the lawsuit with the Oregon Firearms Federation and three Oregon residents, who argue they will face “irreparable harm” because they own guns that would be banned under the law, according to the complaint.

What investors should do when there is more volatility in the market

Oregon House Bill 2005 was signed into law by Gov. Tina Kotek in July 2023 and outlawed firearms without a documented serial number, which are also known as “ghost guns.”

“They’re basically un-serialized, undetected weapons – weapons that can be made of plastic, on 3-D printers, or weapons that can be made at home in kits that are obtainable online by anyone, and which up until recently, have not needed, have not been required to have even a serial number on the parts,” Attorney General Rosenblum previously told KOIN 6 News, noting the guns “frustrate law enforcement investigations,” can go undetected from security measures and can be obtained without a background check.

The plaintiffs, however, argue that law infringes the Second Amendment.

Oregon State University captures first-ever images of ship striking shark

“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,” the complaint said.

The law will cause “irreparable harm” on the plaintiffs who own guns that would be banned under HB 2005, according to the complaint, noting they would need to get rid of the guns or get them serialized by Sept. 1, 2024, when the ban takes effect.

The lawsuit also argues the Second Amendment protects ancillary rights that are necessary to exercise the right to possess arms for self-defense.

Man arrested after gold theft from Hillsboro museum with sledgehammer

“Americans have always enjoyed the constitutionally protected right to build weapons for lawful purposes,” said FPC President Brandon Combs. “Oregon’s immoral ban unconstitutionally restricts this right. FPC will fight forward until all unconstitutional bans on self-manufacturing weapons are eliminated nationwide.”

In response to the lawsuit, Attorney General Rosenblum said “We absolutely believe the legislature had the power to enact these common-sense laws that support law enforcement investigative efforts and protect law-abiding Oregonians. We will defend their constitutionality vigorously.”

OSP told KOIN 6 News they do not comment on pending litigation.

HB 2005 was among dozens of bills that were stalled during the longest Oregon Senate walkout in state history as Republicans claimed the bills — which were introduced by Democrats — were “unreadable.”

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to KOIN.com.