Oregon Court of Appeals denies motion on gun control law

PORTLAND, Ore. (KOIN) — The Oregon Court of Appeals on Friday has declined a motion by the state to put a hold on a Harney County judge’s ruling, which found Measure 114, Oregon’s gun control law, unconstitutional.

The measure, which was narrowly passed by voters in 2022, requires people to undergo a background check and gun safety courses for a gun permit and bans magazines carrying over 10 rounds. The law has been unable to go into effect amid various federal and state legal challenges.

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For one, in November, Harney County Judge Robert Raschio struck down the law after he found the permit-to-purchase scheme under Measure 114 is unconstitutional based on the law’s 30-day-minimum delay to buy a firearm, the measure’s use of language from concealed handgun statutes, and because the Federal Bureau of Investigation refuses to conduct criminal background checks.

The state then appealed the ruling in early February.

In a statement, Oregon Attorney General Ellen Rosenblum said, “Research indicates that mass shootings and gun violence have decreased in other states after adopting permit requirements and magazine restrictions. We are making a very reasonable request: Let Measure 114 take effect now so Oregonians’ lives can be saved—now!”

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Plaintiffs in the Harney County suit include Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc. and the Gun Owners Foundation, who argue the law violates the right to bear arms under the state constitution. They further argued the magazine limit prohibits self-defense.

This current ruling by the appeals court means the measure will not go into effect until the court makes a final decision.