After a hearing considering new arguments, Harney County Circuit Court Judge Robert Raschio upheld his preliminary ruling against Oregon’s Measure 114 gun control policy.
He addressed additional objections raised by defense attorneys for the Oregon Department of Justice but ultimately affirmed his original findings, stating the measure infringed upon the state’s constitutionally protected right to bear arms.
Initially slated to take effect on Dec. 8, 2022, Measure 114 remained suspended following Judge Raschio’s preliminary injunction, allowing legal debates about its legality in both federal and state courts. In a federal court ruling in July 2023, U.S. District Court Judge Karen Immergut concluded that the law didn’t violate the U.S. Constitution.
However, plaintiffs from the federal case have escalated the matter by filing an appeal in the Ninth Circuit Court of Appeals, potentially escalating the issue to the U.S. Supreme Court.
The state case involved a six-day argument before Judge Raschio in September 2023, leading to his initial opinion on Nov. 21. Following a defense request for further arguments, he granted a hearing on Jan. 2 and subsequently reaffirmed his decision on the same day.
With this decision, the court made the earlier injunction permanent.
“This marks another victory for Oregon firearm owners against the most extreme gun ban in the United States,” Tony Aiello, Jr. attorney for plaintiffs told The Epoch Times.
“The state defendants did nothing more than waste the court’s and parties’ time and resources with their motion. It is unfortunate that they do so with bottomless resources supplied by Oregon taxpayers.”
The anticipated next step is an appeal to both the Oregon Court of Appeals and the Supreme Court.
Initially passed by a narrow margin in November 2022, Measure 114 mandates Oregon residents to undergo an FBI background check and participate in a police-sponsored firearms course (which hasn’t been established yet) to secure a firearm permit. It also necessitates law enforcement to administer an application process and maintain databases of applicant details.
Furthermore, the measure prohibits magazines that have the capacity to hold, or be altered to hold, more than 10 rounds.
Supporters argue that the “Reduction in Gun Violence Act” will significantly contribute to saving lives.
On the other side, gun rights advocates have labeled it one of the nation’s most extreme gun laws, asserting that it will deprive law-abiding citizens of their constitutionally protected right to bear arms in Oregon.
