12-03-2025
Oregon Court of Appeals rules controversial Measure 114 gun control law is constitutional
The Oregon Court of Appeals ruled Wednesday Measure 114, the gun control law narrowly approved by voters in 2022, is constitutional.
"We conclude that all of Measure 114 is facially constitutional under Article I, section 27," appeals court judges wrote in the opinion released Wednesday morning.
The three-judge panel heard oral arguments around the law in October. The state was challenging a 2023 ruling issued by Harney County Circuit Court Judge Robert Raschio after a six-day trial that declared the gun safety measure unconstitutional.
Measure 114 requires Oregonians to apply for and obtain a permit before purchasing a gun and outlaws large-capacity magazines that hold more than 10 rounds. Permits would require completing a gun safety class and a federal background check first. It has been paused because of court challenges.
Senior Assistant Attorney General Robert Koch referred to Raschio's ruling as an "erroneous evidentiary ruling". He argued that restrictions introduced by the law are permissible because the state constitution allows for reasonable limits.
Attorney Tony Aiello Jr. represented Harney County residents Joseph Arnold and Cliff Asmussen, Oregon gun owners who filed the lawsuit.
Aiello Jr. argued the state already has background checks and the permit to purchase limit in Measure 114 painted all Oregonians as unfit until they prove to the government otherwise. Measure 114 unduly burdens Oregonians, Aiello Jr. argued.
In its 25-page opinion by Judge Darleen Ortega, the Oregon Court of Appeals rejected the argument that the permit to purchase program would cause an at least 30-day delay to purchasing a gun and concluded the program and and point-of transfer background check were "reasonable" responses "to identified public safety concerns," not a total ban on purchasing firearms.
"The plain text of the measure requires the permit agent to act on the application within 30 days of receiving it—which also encompasses the time to get the background check—but nothing in the measure prevents the permit agent from acting sooner when qualifications are met," the opinion said.
Looking at the ban on large capacity magazines, the Court of Appeals also disagreed with the conclusion reached by the Harney County Circuit Court that the ban was a restriction on the use of "nearly any firearms." The limitation does not unduly frustrate the right to armed self-defense guaranteed by the Oregon Constitution, the Court of Appeals opinion said.
"The ban on large-capacity magazines is a reasonable regulation directed at the specific, observable public safety concern that the people of Oregon sought to address," the opinion said.
Oregon Attorney General Dan Rayfield celebrated the decision in a statement.
'Oregonians voted for this, and it's time we move ahead with common-sense safety measures,' Rayfield said. 'Today's decision is a big step forward for gun safety in Oregon. This measure gives us the tools to make sure gun buyers go through background checks and get proper permits, helping to keep firearms out of the wrong hands and making our communities safer.'
Measure 114 will not immediately go into effect. There are 35 days for plaintiffs to seek further appellate review.
Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@ or on Twitter @DianneLugo
This article originally appeared on Salem Statesman Journal: Oregon Court of Appeals rules Measure 114 is constitutional
