Oregon Supreme Court denies motion allowing Measure 114 gun laws to take effect

SALEM, Ore. — Oregon’s Supreme Court denied a petition asking for Measure 114 to take effect on Thursday morning.

The petition had been filed by the State in January 2023.

Measure 114 was narrowly approved by Oregon voters in November 2022, but has been on hold since December due to ongoing legal challenges.

Measure 114 makes several statutory changes about firearms, including:

• Requiring a permit to purchase a firearm
• Requiring completion of a criminal background check before a firearm may be purchased, acquired, delivered, or transferred
• Restricting “large-capacity” magazines

Despite the vote of approval, multiple firearm shops, organizations, and owners have complained the measure is unconstitutional and filed lawsuits.

Due to the legal issues and challenges, the Oregon Attorney General’s Office asked for the Oregon Supreme Court to step in and let the law take effect. This is called a ‘writ of mandamus,’ which would let the Supreme Court use its authority to order the law into effect.

However, in the February 9 ruling, the Court denied the writ of mandamus “without prejudice.”

In a Supreme Court media release issued by the Staff Attorney, the denial was explained as:

The Court recognized that the legal status of Measure 114 is of significant concern to many Oregonians and that the judicial branch’s role is to resolve disputes such as challenges to laws enacted by the legislative branch, including the people exercising their initiative power. But, the Court continued, it had determined that ‘now [was] not an appropriate time to exercise [its] authority in mandamus in connection with the trial court’s temporary and preliminary rulings’.

Despite this decision, the struggle for and against Measure 114 is not over, and there are still many steps to go. The State’s highest court noted in the ruling that the current denial of mandamus does not stop them from ruling down the road that the law is legal – they are just declining to intervene for now.

The group Lift Every Voice Oregon worked to collect the signatures needed to get Measure 114 on the ballot. The chair of the group, Reverend Dr. Mark Knutson said they are disappointed by the decision.

“We do hurt because people are dying, people are being wounded, and Oregonians passed a law,” said Knutson.

The Oregon Firearms Federation is calling the decision a victory. In a statement, it said, “law abiding gun owners do not face arrest for possessing common ammunition magazines. This is a massive win.”

“There is still a very long way to gowe fully expect the legislature to attempt an end run around the courts to implement their own version of 114, but for right now enjoy a solid victory for gun owners and common sense,” the group continued.

Oregon Attorney General Ellen Rosenblum said on Twitter:

I am very disappointed that the Oregon Supreme Court denied our request to allow Measure 114, Oregon’s new gun safety law, to take effect now. We intend to continue to defend the law zealously in the Harney County Court.

Knutson says he hopes the outcomes of these court cases don’t overcome the will of the voters, telling KATU, “It pains us to have the will of Oregonians being just shuttled aside through different ways of challenging it.”