Federal court rules Measure 114 constitutional despite criticism

The ruling (hold onto your hat for the legal acrobatics the judge used)

PORTLAND, Ore. (KOIN) – Oregon’s Measure 114 is constitutional, according to a ruling by the U.S. District Court for the District of Oregon.

The federal court ruled in Oregon’s favor in a lawsuit against the gun control measure approved by voters by a slim margin in 2022. The ruling means the state may ensure Oregonians get a permit before obtaining firearms, require a state police-maintained permit/firearm database and prohibit “large capacity” ammunition magazines.

There is an exception for military and law enforcement.

The measure describes “large capacity” magazines as “fixed/detachable magazines (or functional equivalent) that can accept ‘more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload.’” The measure also includes exceptions for “’lever-action’ firearms and permanently altered fixed magazines, 10 rounds or fewer.”

The plaintiff’s attorney made the case that magazines are critical for the gun, so they should be considered arms, but attorneys defending Measure 114 argued that detachable magazines are accessories – not firearms – and don’t affect the operability of the gun itself.

In response to the measure’s ruling, Jess Marks, the executive director of the Oregon Alliance for Gun Safety, issued the following statement:

“We know Measure 114 is an effective and life-saving policy, and now a federal judge has ruled it is also in line with the U.S. Constitution. The Supreme Court has articulated that Second Amendment rights are not unchecked — they come with responsibilities — and the U.S. District Court affirmed this in our case. This victory belongs to those who have lost loved ones to gun violence and to every Oregonian who demanded change.”

“Our team looks forward to ultimately prevailing in the state courts as well,” she said. “Measure 114’s provisions – passed by Oregon voters – are common sense safety measures that will save lives.”