SALEM, Ore. — On Wednesday, an Oregon appeals court upheld the constitutionality of a gun control measure endorsed by voters more than two years ago, overturning a previous decision by a state judge that had kept the law in limbo.
The legislation, regarded as one of the most stringent in the country, mandates individuals to pass a criminal background check and complete a firearm safety training course to receive a permit for purchasing a firearm. Moreover, the law prohibits the sale of high-capacity magazines holding over 10 rounds.
Since its narrow passage by voters in November 2022, Measure 114 has been entangled in legal battles in both state and federal courts. It was one of the initial gun regulations enacted in response to a landmark 2022 U.S. Supreme Court decision that altered the criteria judges rely on when adjudicating Second Amendment issues.
A state judge in rural southeastern Oregon initially blocked the law, following a lawsuit by gun owners who contended that it encroached upon their right to bear arms as outlined in the Oregon Constitution. Subsequently, Circuit Court Judge Robert S. Raschio conducted a trial in 2023 in Harney County and concluded that the measure indeed violated the state constitution. However, this finding was challenged by an appeal from the Oregon attorney general’s office.
In its opinion issued on Wednesday, a three-judge panel from the Oregon Court of Appeals determined that the law’s requirements for a purchase permit and restrictions on high-capacity magazines do not overly hinder the constitutional right to armed self-defense within the state.
The attorney general’s office announced that the law will not take effect immediately, as opponents have 35 days to pursue further appellate action.
Dan Rayfield, Oregon’s Attorney General, expressed approval of the appeals court’s decision. “Oregonians have spoken, and it is time to advance sensible safety measures,” he stated.
Tony Aiello Jr., the chief attorney for the gun owners contesting the law, expressed his intention to challenge the ruling in the Oregon Supreme Court. On Wednesday, he remarked that Measure 114 “has criminalized millions of Oregonians as their right to bear arms has been nullified by Oregon’s Judiciary.”
In a related federal legal proceeding regarding the measure, a judge deemed it constitutional under the Second Amendment of the U.S. Constitution. The decision in that federal case has been appealed by the plaintiffs, which includes the Oregon Firearms Federation, to the 9th U.S. Circuit Court of Appeals.