Oregon gun owners are breathing a little easier—unlike their colleagues north of the Columbia River—now that the Oregon Court of Appeals has decided not to override the ruling by Harney County Circuit Judge Robert Raschio that Measure 114 was unconstitutional last November.
The state appealed, but the appeals court declined to override the judge’s decision, at least for the time being, according to KGW.
Measure 114 was a restrictive gun control measure that would require a permit to purchase firearms, mandate a training course to apply for the permit and also ban the sale and manufacture of cartridge magazines that can hold more than 10 rounds. In neighboring Washington, a Cowlitz County Superior Court judge declared the Evergreen State’s ban on so-called “large-capacity magazines” unconstitutional, but a state Supreme Court commissioner quickly stayed that ruling.
Responding to the decision, the Oregon Firearms Federation noted in a bulletin to its members and supporters, “This is very good news in a very anti-gun state. We are grateful for the excellent work attorney Tony Aiello is doing in this case. We are also grateful for the assistance from Firearms Policy Coalition and Second Amendment Foundation in this matter.”
However, the organization cautioned members that this fight is “far from over,” and it is asking for donations to continue funding two lawsuits.
SAF and FPC are involved in one of the federal challenges to the measure, which was passed narrowly by voters in November 2022. But for the time being, as noted by KGW, Measure 114 “remains on ice.”
KOIN News quoted a statement from Oregon Attorney General Ellen Rosenblum: “Research indicates that mass shootings and gun violence have decreased in other states after adopting permit requirements and magazine restrictions. We are making a very reasonable request: Let Measure 114 take effect now so Oregonians’ lives can be saved—now!”
As noted by the LaGrande Observer, the measure passed on the slimmest of margins, with 50.7 percent of the vote. It was one of the most watched elections that year.
The state had wanted M114 to take effect, but the appeals court turned the state down.
The appellate court seems to be dragging things out on this issue, according to KGW. The court reportedly set a 119-day deadline from Friday, April 12 so the two sides in this case can submit legal arguments and responses.
At this point, it may be open to speculation about what is happening in the Pacific Northwest. Oregon and Washington have a history of independence until recent years when Democrat majorities in both states managed to capture the legislative majorities in Salem and Olympia, respectively. Both states have had a string of Democrat governors who have been leaning farther left, and they have not been friendly to gun owners on either side of the Columbia River.
There was a subtle signal from the Oregon appeals court, if the KGW report is accurate. The story noted the appeals court “looked at four factors” when making its decision to allow things to remain as they are. The first of those was “the likelihood that the state would win its argument.” The court is not likely to reveal its intentions, but by not granting a stay and allowing the lower court ruling to remain in effect might suggest the court does not believe the state will prevail.
Almost immediately after Measure 114 passed, virtually every major gun rights organization in the country stepped into the legal arena. Federal lawsuits were filed involving the following organizations: SAF, FPC, the National Shooting Sports Foundation, Gun Owners of America and, in the background, the National Rifle Association. The legal action now dominating the fight, however, was a state action involving the Gun Owners Foundation, GOA and two private citizens.
Meanwhile, in neighboring Washington, gun owners remain hopeful the magazine ban ruling will ultimately be upheld by the state Supreme Court. The fact that a court commissioner—who is not elected—is able to put a hold on a Superior Court ruling continues to raise eyebrows across the state.
Ammoland News covered the situation last week as it unfolded. The Seattle Times is reporting that a hearing on the issue is scheduled for this Wednesday.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
