Harney County judge rules that Oregon gun control law Measure 114 is unconstitutional; State says it will appeal
By Joe Hathaway on Tuesday, November 21st, 2023 in Eastern/Southeast Oregon News More Top Stories Northeastern Oregon News
BURNS – Harney County Circuit Court Judge Robert Raschio has ruled that Measure 114 is unconstitutional under Oregon’s constitution.
Judge Raschio issued a permanent injunction on Tuesday, November 21, which blocks Oregon from enforcing the gun control law, ruling it infringes on the constitutionally protected right to bear arms.
Measure 114 was approved by voters in November 2022 and would require a police-issued, five-year permit and a federal criminal background check on all gun purchases, as well as required gun safety training. The measure bans the sale of magazines holding more than 10 rounds of ammunition, but leaves an exception for people who already own larger magazines.
The measure has been tied up for nearly a year in federal and state court since voters narrowly passed the measure.
In December of 2022, Judge Raschio temporarily blocked the measure from taking effect after gun owners filed a lawsuit arguing it violated Oregon’s Constitution. It has also been challenged in federal court. In July, a judge ruled the measure did not violate the U.S. Constitution.
On Tuesday, Judge Raschio ruled that two major provisions of Measure 114 violate Article 1, Section 27 of the state’s constitution: “The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.”
In the ruling, Raschio said that Measure 114 “does not increase public safety,” despite arguments from state lawyers that the new regulations were intended to reduce mass shootings, homicides and suicides. He stated that the 30-day window to process a gun permit application would allegedly prevent Oregonians from properly defending themselves from an imminent threat.
The ruling continues, “mass shooting events are tragic and often involve the most vulnerable
sections of the population. However, the court finds that the number of people killed and injured is statically insignificant compared to the number of lawful gun owners.”
Judge Raschio continues to say Measure 114’s permit-to-purchase scheme unduly burdens Oregonians’ right to self-defense from an imminent threat of harm.
Judge Raschio determined the permit-to-purchase scheme is unconstitutional based on the measure’s 30-day-minimum delay to buy a firearm, the measure’s use of language from concealed handgun statutes, and because the Federal Bureau of Investigation refuses to conduct criminal background checks.
Raschio also determined the ban on large-capacity magazines is also unconstitutional under the state constitution because firearm components, such as magazines, are legally protected and magazines are a necessary part of guns, according to the ruling.
“The court finds no proof offered demonstrated Large Capacity Magazine bans would reduce the number of causalities in the future. Any such conclusion would be mere speculation by the court which it will not engage,” Raschio said.
The plaintiffs — Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and Gun Owners Foundation — argued Measure 114 violates the state constitution because the 30-day permit process prohibits Oregonians’ right to access a gun. Plaintiffs further argued the magazine limit prohibits self-defense.
The lawsuit was filed against Governor Tina Kotek, Attorney General Ellen Rosenblum, and Oregon State Police Superintendent Casey Codding.
Oregon Attorney General Ellen Rosenblum issued this statement after Raschio’s ruling: “The Harney County judge’s ruling is wrong. Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal and we believe we will prevail.”
