A state move to stay a Harney County judge’s decision declaring Oregon’s gun restriction statute, Measure 114, illegal was denied by the Oregon Court of Appeals on Friday.
Voters narrowly approved the proposal in 2022, which outlaws magazines holding more than ten rounds and mandates background checks and firearms safety training before granting a permit.
Due to several federal and state legal challenges, the law has not been able to take effect.
First, Measure 114’s permit-to-purchase scheme was declared unconstitutional by Harney County Judge Robert Raschio in November.
The judge cited several reasons for his ruling, including the measure’s 30-day minimum waiting period before purchasing a firearm, its borrowing of language from concealed handgun statutes, and the FBI’s refusal to perform criminal background checks.
Early in February, the state subsequently filed an appeal of the decision.
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Attorney General Ellen Rosenblum of Oregon released a statement saying, “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!”
Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and the Gun Owners Foundation are among the plaintiffs in the Harney County lawsuit.
They contend that the legislation infringes upon the state constitution’s guarantee of the freedom to bear arms. They added that self-defense is prohibited by the magazine restriction.
The law won’t take effect until the court issues a final decision, according to the appeals court’s recent rule.
