Appeals court hears arguments in state Ballot Measure 114 ruling
By Terry Murry on Wednesday, October 30th, 2024 in Columbia Basin News Eastern/Southeast Oregon Top Stories More Top Stories Northeastern Oregon Top Stories
SALEM – The Oregon Court of Appeals heard oral arguments yesterday over the state’s new gun control measure being declared unconstitutional by Harney County Judge Robert Raschio. Ballot Measure 114 was narrowly approved by voters in 2022 and has been placed on hold due to Raschio’s ruling.
The Oregon Department of Justice is asking a three-judge panel to overturn Raschio’s ruling that found it to be in violation of the Oregon Constitution. The attorney for the two Harney County residents who are named plaintiffs in the state case argued that, as written, the measure is burdensome and would prevent people from legally accessing handguns.
The measure requires people to complete a gun safety class and a federal background check before they are given a permit to purchase a firearm. It also bans the future purchase of magazines that carry more than 10 rounds of ammunition.
This is not the end of the legal fight, no matter what ruling the appeals court issues. It is likely to be challenged to the Oregon Supreme Court by either side.
There is also a federal court suit that saw U.S. District Judge Karin Immergut, an appointee to the bench by President Donald Trump, rule that Measure 114 is permitted under the U.S. Constitution. That came in spite of a Supreme Court ruling that no one should need special permission to exercise their right to carry firearms outside their home. Immergut’s ruling was appealed to the Ninth Circuit Court of Appeals. There it is on hold awaiting a ruling on a large-capacity magazine case out of California. It is considered likely that either side will then appeal that ruling to the U.S. Supreme Court.
