Big Win For Oregon and Gun Owners

A Harney County Judge from the state of Oregon has issued a permanent injunction against the highly controversial Measure 114. This measure aims to implement a limitation on the capacity of ammunition magazines, among other stronger gun laws. 

For the past several years, the decision has been at the center of a heated debate, with a significant portion of the state's population contesting its constitutionality, making it a topic of significant interest and engagement. 

Plaintiffs in the Harney County suit include Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and the Gun Owners Foundation, all of whom have all stood firm beside Raschio over the past two years. 

Following the decision of the Oregon Court of Appeals, the Gun Owners Foundation took to X to celebrate the win, writing, “a huge win in strong anti-gun territory.”

In November 2022, Oregon voters narrowly passed Measure 114, which aimed to strengthen several gun laws in the state.    

Around 50.7% of the region voted in favor of the measure, which requires residents to acquire a permit should they wish to purchase a weapon. It also prohibits the sale of ammunition magazines that hold ten or more rounds in many circumstances.  

Despite Measure 114 narrowly passing in 2022, it has yet to go into effect due to public outcry, which has brought with it several state and federal challenges.    

Prominent Harney County Judge Robert Raschio has voiced concern about the law and successfully prevented it from passing after suggesting that certain aspects of the measure are unconstitutional.  

Voters from Harney Count expressed opposition to the bill, with as many as 85% voting against its implementation. Judge Raschio then issued an emergency injection, which delayed Measure 114 from going into effect.      

“Oregon citizens have a right to self-defense against an imminent threat of harm, which is unduly burdened by Ballot Measure 114,” Raschio wrote.

According to Judge Raschio, one major problem with the proposed measure is that residents of Oregon could have to wait at least 30 days to purchase a firearm.     

The proposed permit-to-purchase program “mimics the concealed handgun license scheme, reducing the right to bear arms to an unduly burdensome administrative due process right,” said Raschio. 

Raschio continued by suggesting that a lack of FBI background checks would only further stall the permit process, thereby placing a further burden on Oregonians' right to bear arms.    

“The parties have stipulated that the Federal Bureau of Investigations will not conduct background checks on applicants who apply for a permit-to-purchase a firearm,” Raschio wrote. “The defendants invite the court to assume that the permits will be issued anyhow. The defendants provide no evidence on why that assumption would be true.”

In reference to the state's attempt to ban large ammunition magazines, Judge Raschio argued that they are protected under Article 1, Section 27 of Oregon’s Constitution, and therefore, any attempt to remove them would be in violation of the Constitution.   

“There is no historical basis for limiting the size and capacity of firearms, including their magazines,” Raschio wrote. He later added that “firearm technology at the founding of the state is the foundation.

The state of Oregon later appealed the ruling in February, arguing that Measure 114 was set into place to save lives. “The Harney County judge's ruling is wrong,” said state Attorney General Ellen Rosenblum. “Worse, it needlessly puts Oregonians' lives at risk. The state will file an appeal, and we believe we will prevail.”

She continued, “We are making a very reasonable request: Let Measure 114 take effect now so Oregonians’ lives can be saved—now!”

He continued, “Nothing in the preamble, the voters’ guide, nor the defendants’ evidence provide a rationale for why the rounds should be limited to ten as opposed to any other arbitrary numbers that could have been picked, nor did they show the limitation of ten rounds has any demonstratable effect on negative outcomes to mass shooting events.”