Federal Court Permanently Blocks Oregon Gun Control Law

(IntegrityTimes.com) – Gun owners in Oregon are likely celebrating after a judge permanently struck down Ballot Measure (BM) 114, declaring that it violated the state constitution. BM 114 barely squeaked through in 2022, with 50.65 percent voting in favor of requiring residents to obtain a permit before purchasing a firearm. It also included a ban on magazines that hold more than 10 rounds. The organization Gun Owners of America challenged the measure shortly after it was passed, claiming that it was unconstitutional. On December 6, 2022, Harney County Circuit Court Judge Robert Raschio issued a temporary restraining order against the measure.

After months of bouncing from court to court, Raschio issued a permanent injunction in November 2023, blocking the measure’s implementation. Then on January 9, he issued a General Judgment, permanently blocking BM 114. Raschio wrote that “Ballot Measure 114 is facially unconstitutional in all of its applications under Oregon Constitution, Article 1, Section 27.” He added that the defendants, which included Governor Tina Kotek, Attorney General Ellen Rosenblum, and the Superintendent of the Oregon State Police Casey Codding, could not enforce BM 114.

Raschio described how the high-capacity magazine ban would make all firearm magazines illegal, which is also unconstitutional. He wrote that Oregonians would be prevented from defending themselves from looming threats if they were required to wait 30 days for a gun permit application to be processed. Raschio also wrote that BM 114 does not make the public safer, which is one of the five requirements for any statute involving gun restrictions. Rosenblum believes that the United States has an epidemic of mass shootings and that BM 114 would solve the problem. In a post on X, formerly Twitter, she vowed to appeal the decision.

If appealed, the case would go to the state appellate court, and then to the Oregon State Supreme Court. After that, it could make its way to the United States Supreme Court, which could lead to another landmark decision unless it declines to hear the case.

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