OFF files suit challenging Measure 114
PENDLETON – The Oregon Firearms Federation, Sherman County Sheriff Brad Lohrey, and a private citizen have filed a lawsuit challenging the constitutionality of Ballot Measure 114, Oregon’s recently passed gun control measure. The suit was filed Friday in the U.S. District Court in Pendleton. Gov. Kate Brown and Attorney General Ellen Rosenblum are the named defendants in the action.
The plaintiffs in the suit are represented by John Kaempf of the Kaempf Law Firm of Portland. The private citizen is identified as Adam Johnson of Marion County who owns numerous magazines that would be prohibited by the measure, which restricts the sale of magazines of over 10 rounds.
While the legal action questions the constitutionality of the measure in many areas, the limit on magazines makes up the bulk of the court action.
“Millions of law-abiding Americans own firearms equipped with magazines capable of holding more than 10 rounds of ammunition,” the filing states. “There is nothing unusual or novel about this technology. Many of the nation’s best-selling handguns and rifles come standard with magazines that an hold more than 10 rounds – and firearms equipped with such magazines are safely possessed by law-abiding citizens in the vast majority of states.”
The Oregon Firearms Federation states in the suit that it represents the interests of thousands of its members, including residents in Sherman, Umatilla, and Wallowa County who are too numerous to bring the action individually. OFF is a tax-exempt, public benefit corporation headquartered in Canby.
The suit charges that the ballot measure violates the Second Amendment, the due process clause of the 14th Amendment, and the Oregon Constitution. It also contends that by depriving an owner of private property without a permissible justification violates the takings clause of the 14th Amendment. The lawsuit asks for an immediate injunction to prevent the state form enforcing Measure 114 or to the extent that any provision of the measure that deals with firearm magazines.
The measure will go into effect on Dec. 8, which is the day the Secretary of State’s Office is scheduled to certify all the measures on the ballot. The rest of the election will be certified on Dec. 15. The office said it is certifying the ballot measures earlier because the Oregon Constitution requires all ballot measures go into effect 30 days after the election unless otherwise specified.