Oregon Appeals Court Upholds Gun Control Law Measure 114
Introduction to Measure 114 and Its Significance
In a landmark decision on Wednesday, the Oregon Court of Appeals ruled that Measure 114, a stringent gun control law passed by Oregon voters in November 2022, is constitutional. This law, considered one of the toughest in the nation, mandates criminal background checks and completion of a gun safety training course for individuals seeking to purchase firearms. Additionally, it prohibits the sale and possession of high-capacity magazines holding more than 10 rounds. Measure 114 has been at the center of legal battles in both state and federal courts since its passage, with proponents and opponents fiercely debating its implications for gun rights and public safety.
The Legal Battle Over Measure 114
The legal journey of Measure 114 began shortly after its narrow approval by voters. In December 2022, a state judge in Harney County, Circuit Court Judge Robert S. Raschio, temporarily blocked the implementation of the law following a lawsuit filed by gun owners who argued that the measure violated the right to bear arms under the Oregon Constitution. Judge Raschio later ruled in 2023 that the law indeed violated the state constitution, leading the Oregon Attorney General’s office to appeal the decision. The case then moved to the Oregon Court of Appeals, where a three-judge panel reviewed the ruling and ultimately found that Measure 114 does not “unduly frustrate” the right to armed self-defense under the state constitution.
Key Provisions of Measure 114
Measure 114 introduces two main components aimed at reducing gun violence: a permit-to-purchase program and a ban on high-capacity magazines. Under the permit-to-purchase program, individuals wishing to buy a firearm must first obtain a permit by undergoing a criminal background check and completing a gun safety training course. This requirement applies to all firearm purchases, including those made at gun shows and through private sales. The second key provision of the law is the prohibition of high-capacity magazines, defined as those capable of holding more than 10 rounds of ammunition. Supporters of the law argue that these measures are necessary to prevent mass shootings and reduce gun-related deaths, while opponents claim that they infringe upon lawful gun ownership.
Reactions to the Court’s Decision
The ruling by the Oregon Court of Appeals was met with mixed reactions from stakeholders on both sides of the debate. Oregon Attorney General Dan Rayfield, who supported the law, welcomed the decision, stating that Oregonians had voted for the measure and that it was time to move forward with common-sense safety measures. On the other hand, Tony Aiello Jr., the lead counsel representing gun owners in the case, expressed strong opposition to the ruling. Aiello argued that Measure 114 had effectively turned millions of Oregonians into criminals by erasing their right to bear arms and vowed to appeal the decision to the Oregon Supreme Court.
The Broader Context of Gun Control in Oregon
Measure 114 is part of a larger national conversation about gun control and the interpretation of the Second Amendment. The law was passed in the wake of a significant 2022 U.S. Supreme Court ruling that changed the framework for evaluating Second Amendment cases. The Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen established a new standard for assessing gun control laws, requiring that they be consistent with the historical tradition of firearm regulation in the United States. Oregon’s Measure 114 is among the first state laws to be tested under this new standard. In a separate federal case, a judge previously ruled that the law is lawful under the Second Amendment of the U.S. Constitution. However, plaintiffs in that case, including the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals.
The Road Ahead for Measure 114
While the Oregon Court of Appeals’ ruling is a significant victory for supporters of Measure 114, the law is not yet set to go into effect. Challengers of the law have 35 days to seek further appellate review, and given the strong opposition from gun rights advocates, it is likely that the case will ultimately be decided by the Oregon Supreme Court. If the law survives further legal challenges, it will set an important precedent for gun control efforts in Oregon and potentially influence similar initiatives in other states. For now, the debate over Measure 114 continues, with both sides deeply entrenched in their positions on gun rights and public safety. The outcome of this legal battle will have far-reaching implications for the future of firearm regulation in Oregon and beyond.
