Gun Control Bill Resurrected by Appeals Court

After two years of legal limbo, when a voter-approved gun control law was shot down by a judge in Harney County, it has new life thanks to a ruling by a federal appeals court that the measure is indeed constitutional.

The Oregon Court of Appeals found that the Measure 114 is not unconstitutional and meets the state constitution’s right-to-bear arms provision, according to the Oregonian, and that the Harney County judge focused on the text of the measure rather than its intent.

“We conclude that all of Measure 114 is facially constitutional,” Presiding Judge Darleen Ortega wrote in her 25-page opinion, which states that the measure is a “legislative response to identified public safety concerns and the dangerous practice of individuals untrained in firearm safety obtaining firearms.”

In November of 2022, Oregon voters passed Measure 114 with a small 50.7 majority, according to the Oregonian. It limits gun magazine capacity to 10 or fewer rounds, requires a permit to buy a gun and closes a loophole by requiring the completion, not just the initiation, of a criminal background check to buy or transfer a gun.

Since being tied up in state and federal court after the measure was narrowly passed, it was, according to the Associated Press, “among the first gun restrictions to be passed after a major 2022 U.S. Supreme Court ruling changed the guidance judges are expected to follow when considering Second Amendment cases.”

Black activist and entertainer Marilyn Keller, a main sponsor of Measure 114, said those behind the petition that created the measure knew it would not be a short romp, she said.

“We knew when we started this journey that it was going to be a marathon and not a sprint,” she said, “and we also knew that we had universal favor for this because of how the campaign and election went, and now we have come through both federal and state courts victorious.”

But the battle’s not over, she said. “We still have steps to take, but we are already planning a rejoicing moment when these laws are implemented and lives are being saved.”

The law created by Measure 114 was temporarily blocked from taking effect after gun owners filed a lawsuit claiming it violated the right to bear arms under the Oregon Constitution, according to the AP. Circuit Court Judge Robert S. Raschio then presided over a 2023 trial in Harney County and ruled that the law violated the state constitution.

But the Oregon attorney general’s office appealed Raschio’s ruling, and in its recent ruling, a three-judge panel of the Oregon Court of Appeals found that the law’s permit-to-purchase program and high-capacity magazine bend do not “unduly frustrate” the right to self-defense under the state constitution.

Tony Aiello Jr., lead council representing gun owners in the case, plans to appeal the ruling to the state Supreme Court because the measure, according to the AP, because it “has turned million of Oregonians into criminals because their right-to-bear arms has been erased by Oregon’s Judiciary.”

But Oregon Attorney General Dan Rayfield praised the ruling and said in a statement that “Oregonians voted for this, and it’s time we move ahead with common-sense safety measures.”

Measure 114 includes three common sense safety laws, according to Rayfield’s statement released by the Oregon Department of Justice: “First, it requires a permit to acquire guns. Permits are available to those who pass a criminal background check, complete a gun safety course and who are not a danger to themselves or others. Second, it closes the ‘Charleston Loophole’ that currently allows firearm transfers to proceed if a background check takes more than three days. Finally, it restricts magazines that can carry more than 10 rounds of ammunition.”

The law will not go into effect immediately and challengers have 35 days for appellate review of the decision.

Rev. Mark Knutson, also a major sponsor of the measure, is not worried about the appeal.

“We expect it will survive appeal,” he said. “We studied the laws very thoroughly that are very clear and we are sure it will be upheld all the way. We’ve been waiting for so long.”

Knutson led a press conference in July of 2022 that was more a rallying cry for gun control, as gun control activists rooted in the Black community joined Lift Every Voice Oregon, a statewide group of interfaith leaders, to encourage others to add their name to a petition to put gun control on that year’s November ballot.

Passions ran high at the meeting, and Rabbi Michael Cahana, also a chief petitioner, urged people not to be complacent about deaths caused by firearms.

“Thoughts and prayers are not enough,” he said. “Action is what is needed right now, and we are going to act. Guns and gun violence is an everyday occurrence, and these laws have been proven to make a difference, to make sure that the people who shouldn’t have guns do not have access to those guns. We can’t just stand idly by and watch our children be murdered. We have to act.”

Measure 114 is an “equitable piece,” said Rev. Knutson, is “very fair to everyone” and the state legislature held a hearing on Monday to make sure funding and proper training are in place for its implementation.

“We want to make sure it’s implemented properly,” he said. “The heart of this underscores the broad-based coalition of Life Every Voice Oregon, one of the most diverse in Oregon history. Together we did something people said was impossible.”