Another win for the Second Amendment: Oregon judge rules that Ballot Measure 114 VIOLATES state constitution

12/01/2023 / By Richard Brown

A judge in Oregon has ruled that Ballot Measure (BM) 114, a gun safety law approved by voters in November 2022, violates the state’s constitution.

In a 44-page decision, Harney County Circuit Court Judge Robert Raschio blocked BM 114, which imposes magazine restrictions and permit requirements for Oregonians exercising their Second Amendment rights. “Oregon citizens have a right to self-defense against an imminent threat of harm, which is unduly burdened by BM 114,” he wrote.

BM 114 encompasses several pivotal provisions, including mandatory safety courses and tests for firearm purchasers; comprehensive background checks; and a ban on magazines capable of holding more than 10 rounds of ammunition. As a result, the measure would delay someone from purchasing a firearm for a minimum of 30 days – a fact both sides have acknowledged.

According to Raschio, Oregon failed to provide “any convincing evidence of a threat to public safety requiring a permitting process.” The magistrate’s decision marks a crucial point in a legal saga that began when Judge Raschio temporarily blocked the implementation of the measure in December 2022, pending a full trial. His ruling came after a meticulous examination of the constitutionality of the gun safety laws during a comprehensive six-day trial held in September. (Related: GOA challenge Oregon’s new gun control.)

BM 114 has been repeatedly challenged

BM 114, which passed a slim majority during the Beaver State’s Nov. 8, 2022 general elections, has encountered legal challenges almost immediately after its approval.

The legal challenges to Measure 114 have been both federal and state-wide, with U.S. District Judge Karin Immergut previously ruling the law as constitutionally sound. However, this decision has been appealed to the U.S. Ninth Circuit Court, adding another layer of complexity to the ongoing legal battle.

Meanwhile, Oregon Attorney General Ellen Rosenblum vehemently disagreed with Judge Raschio’s ruling. She deemed the decision incorrect and contended that it unnecessarily endangers the lives of Oregonians. Rosenblum expressed the state’s intention to file an appeal, remaining confident in their belief that they will prevail in a higher court.

Raschio’s decision effectively blocks the enforcement of Measure 114 unless overturned by a higher state court. The case is expected to proceed to the Oregon Court of Appeals and potentially the state’s Supreme Court, prolonging the legal debate surrounding gun regulations in Oregon.

Examining the constitutionality of Measure 114, the trial focused on the historical aspects of firearms in Oregon during the time of its constitution’s passage in 1859. Expert witnesses presented arguments on the rarity and accessibility of certain firearms during that period. The judge found the testimony of those supporting multi-shot firearms particularly convincing.

The constitutionality of gun safety measures remains at the forefront of these legal discussions.

In delving deeper into the specifics of BM 114, it is essential to understand the intricacies of its provisions. The law mandates that anyone seeking to purchase a firearm must undergo a safety course and pass a test to obtain a permit for the purchase. Additionally, it necessitates a thorough background check for all firearm purchasers and imposes a ban on magazines capable of holding more than 10 rounds of ammunition.

The legal battle has become a focal point in the larger discourse on gun regulations, weighing the balance between individual rights to gun ownership and public safety considerations. The court’s attention to the historical context of firearms during the state’s founding in 1859 adds a layer of complexity to the debate, as constitutional interpretation becomes a central theme in the legal arguments.

SecondAmendment.news has more stories about unconstitutional gun laws.

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