Judge Rules That Oregon’s Anti-Gun Ballot Referendum is Unconstitutional
Jose Nino
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On November 21, 2023, Circuit Court Judge Robert S. Raschio ruled that a gun control law Oregon voters approved violates the state’s constitution. Such a move has continued to prevent this law from going into effect.
This law was one of the first gun control measures to be passed after the landmark Bruen Supreme Court decision of summer 2022.
Oregon’s law makes individuals go through a criminal background check and take a gun safety course in order to acquire a permit to purchase a firearm. On top of that, it prohibits high-capacity magazines.
The ballot measure in question, Measure 114, has been mired in legal disputes in state and federal court since voters approved it by a razor thin margin of 50.65% to 49.35% in November 2022.
The state trial emerged from a lawsuit gun owners filed arguing that the law infringed on the right to bear arms as outlined by the Oregon Constitution.
The defendants in this case are Oregon officials such as Democratic Governor Tina Kotek, Attorney General Ellen Rosenblum, and State Police Superintendent Casey Codding. Rosenblum has plans of appealing the ruling, according to an emailed statement her office released.
“The Harney County judge’s ruling is wrong,” the statement declared. “Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal and we believe we will prevail.”
One of the most notable plaintiffs in this case is the Oregon Firearms Federation.
One of the attorneys for the plaintiff, Tyler Smith, praised the ruling.
“We hope the Attorney General’s office will realize that the ill-conceived and unconstitutional ballot measure should not be defended,” he stated in an email.
In a potential appeals process, it’s likely that the injunction freezing the enforcement of the law would stay intact. Raschio was the judge who initially prevented the law from going into effect back in December.
The plaintiffs in the federal case, which include the aforementioned Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals.
Oregon is a state where gun rights go to die. This is perfectly demonstrated by its putrid 36th ranking in Guns & Ammo magazine’s best states for gun owners rankings.
It doesn’t help that the state is thoroughly captured by anti-gun Democrats — from the Governor’s Mansion to the state legislature. With all of these factors in mind, it’s virtually impossible for pro-gunners to pass reasonable pro-gun measures.
As a result, pro-gun activists have to turn to the courts to pass pro-gun measures. That’s the harsh reality of gun policy in blue states nationwide.
Pro-gun activists must pick up on this trend and act accordingly to continue making progress in otherwise sub-optional policy environments.
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