An Oregon judge issued a permanent injunction on a Ballot Measure that required a permit, criminal background check, and training course to buy a gun while also banning high-capacity magazines.
“GOF and Gun Owners of America just received a PERMANENT INJUNCTION in our case against Oregon’s Ballot Measure 114. This is a HUGE win in strong anti-gun territory!” Gun Owners Foundation said Tuesday.
“This court is preventing the undue burden of Ballot Measure 114 from being imposed on current, and prospective, gun owners who have a right to lawfully possess firearms for the purposes of defending themselves and the state against imminent threats of harm,” the ruling stated.
The ruling stated Ballot Measure 114 is “facially unconstitutional in all of its applications under Oregon Constitution.”
“Ballot Measure 114 is permanently enjoined from implementation,” it added.
GOF and @GunOwners just received a PERMANENT INJUNCTION in our case against Oregon's Ballot Measure 114.
This is a HUGE win in strong anti-gun territory!👏 pic.twitter.com/qwFXT6Mvu5
— Gun Owners Foundation (@GunFoundation) November 21, 2023
*Images from Gun Owners Foundation X Post*
KGW 8 reported in September:
An Oregon judge is set to decide whether a gun control law approved by voters in November violates the state’s constitution in a trial scheduled to start Monday.
The law, one of the toughest in the nation, was among the first gun restrictions to be passed after a major U.S. Supreme Court ruling last year changed the guidance judges are expected to follow when considering Second Amendment cases.
Measure 114 has been tied up in federal and state court since it was narrowly passed by voters in November 2022, casting confusion over its fate.
The law requires people to complete a gun safety training course and undergo a criminal background check in order to obtain a permit to buy a firearm. The measure also bans high-capacity magazines holding more than 10 rounds.
Circuit Court Judge Robert S. Raschio will preside over the trial this week in Harney County, a vast rural area in southeastern Oregon. Raschio temporarily blocked the law from taking effect in December after gun owners filed a lawsuit arguing it infringed upon the right to bear arms under the Oregon Constitution.
HELL. YES! Thank you, Judge Raschio! Big win!
“Oregon citizens have a right to self defense against an imminent threat of harm, which is unduly burdened by Ballot Measure 114,” Raschio wrote, saying the restrictions diminish public safety. pic.twitter.com/QMnbNpmXoD
— Silent Majority Foundation (@smfjb_org) November 22, 2023
“The law has not gone into effect with the litigation pending. The ruling effectively means Measure 114 will not become a reality, unless Judge Robert Raschio’s decision is overturned in a higher court,” Oregon Capital Chronicle reports.
Oregon Attorney General Ellen Rosenblum reportedly plans to appeal the case.
“The Harney County judge’s ruling is wrong,” Rosenblum said in a statement, according to Oregon Capital Chronicle.
“Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal and we believe we will prevail,” she added.
Oregon Capital Chronicle reports:
During a six-day trial in September, Raschio heard from experts about firearms and Oregon history, including the lives of Oregonians in 1857 when the state constitution was adopted with the provision that people shall have the right to bear arms for their defense. Raschio referenced Oregon’s frontier history to justify his ruling.
“The court finds the (voters) of 1857 did not seek to restrain access to the best firearms with the highest functionality possible they could procure,” the judge wrote in the 44-page ruling, which notes the state constitution was adopted in an era when pioneers “engaged in forceable removal of the Indigenous tribes of Oregon” and wanted the best weapons possible.
The law also would ban large-capacity magazines with more than 10 rounds which can lead to widespread carnage in a mass shooting.
The judge found the ban on large-capacity magazines “does not enhance public safety” enough to justify the infringement of the right to bear arms.
In an alert to its members, the Oregon Firearms Federation praised the ruling and the judge, saying Raschio “took a brave stand in the face of a full frontal assault on gun rights by Oregon’s establishment leftists.”
But the gun rights organization warned that more legal battles lie ahead.