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Yahoo
12-03-2025
- Politics
- Yahoo
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
Yahoo
12-03-2025
- Politics
- Yahoo
Oregon appeals court rules in favor of voter-approved gun control law Measure 114
Magazines that can hold more than 10 bullets are banned under Oregon's new law. (Connor Radnovich/Oregon Capital Chronicle) This is a developing story and will be updated Oregon's second-highest court affirmed Wednesday that the voter-approved gun control law Measure 114 is constitutional, potentially clearing the way for the law to take effect after being on hold for years because of a Harney County judge's ruling. Voters in 2022 narrowly approved Measure 114 to limit sales of some ammunition magazines and require a permit and completed background check before purchasing a gun. Two Harney County residents, joined by national gun rights groups, promptly sued in Harney County, and Judge Robert Raschio blocked the bill from taking effect. A three-judge panel of the appeals court, led by Presiding Judge Darlene Ortega, found Wednesday that Raschio erred and that the law didn't violate Oregon's constitution. 'We conclude that all of Measure 114 is facially constitutional,' Ortega wrote in a 25-page opinion. Plaintiffs have a little more than a month to challenge the appeals court's decision, and an appeal to the Oregon Supreme Court is expected. Measure 114's backers also prevailed in a federal case filed by an eastern Oregon sheriff,a Keizer gun store owner and a pro-gun group. Judge Karin Immergut ruled last summer that the law didn't violate the federal Second Amendment because it doesn't protect large-capacity magazines and Oregon's restrictions are consistent with a long history of firearm regulation. Oregon Attorney General Dan Rayfield, whose justice department defended Measure 114, said it was time to move ahead with 'common-sense safety measures.' 'Today's decision is a big step forward for gun safety in Oregon,' Rayfield continued. '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.' Supporters of Measure 114 sought to prevent circumstances that contributed to some of the deadliest mass shootings in recent years, including the 2017 Las Vegas shooting at a country music festival, the 2016 Pulse night club shooting in Orlando, Florida and the 2007 Virginia Tech shooting. Shooters in all three locations had large-capacity magazines, allowing them to keep firing bullets into crowds. The Las Vegas shooter killed 60 people and wounded more than 400 others, the Pulse night club shooter killed 49 people and the Virginia Tech shooter killed 32 people. In other mass shootings, including the 2012 Sandy Hook shooting in Newtown Connecticut, and a 2019 synagogue shooting in California, people were able to run or overpower the shooter when he stopped to reload his weapon. Requiring a completed background check is meant to close the 'Charleston loophole,' named after the 2015 incident where a shooter killed nine people at a church in Charleston, South Carolina. In that case, the shooter had a criminal record that would have disqualified him from buying a gun, but his background check was delayed, allowing the purchase. Lawmakers' efforts to pass parts of Measure 114 through the Legislature in 2023 contributed to Republicans' six-week quorum-denying walkout, and Democratic leaders abandoned most gun restrictions as part of negotiations to bring Republicans back and finish the legislative session. This year, lawmakers are considering House Bill 3075 to provide deadlines, fees and other structure to pre-purchase permit applications if Measure 114 takes effect. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
