Controversial Measure 114 in Oregon, which has been in legal limbo since passage in 2022, is headed to the Oregon state Supreme Court, where a hearing is scheduled Thursday, Nov. 6.
According to OregonLive, the high court will “review the state appellate court ruling that found gun control Measure 114 constitutional under state law.”
Kevin Starrett, head of the Oregon Firearms Federation said via email, “While we have no way of predicting what the court may decide, at least they did not rubberstamp the Appeals Court decision, which was plainly ludicrous.”
The measure was narrowly approved by just over 50 percent of Beaver State voters. It requires would-be gun buyers to get a permit to purchase from the police, after first taking a mandatory gun safety course and submitting to a background check. It also bans ammunition magazines capable of holding more than 10 cartridges, and requires background checks for all firearm transfers.
The measure was declared unconstitutional under Oregon’s constitution by Harney County Circuit Judge Robert Raschio, but a three judge panel of the state appeals court reversed and declared the measure is okay. That ruling was appealed and now the state high court will hear arguments.
A final ruling might not come until well into 2026.
Article 1, Section 27 of the Oregon Constitution states, “The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]” It was adopted when Oregon achieved statehood on Feb. 14, 1859.
According to the notice signed by Chief Justice Meagan A. Flynn, the hearing will begin at 9 a.m. at the State Supreme Court in Salem. This case brought by two private citizens in Oregon, Joseph Arnold and Cliff Asmussen, along with Gun Owners of America and the Gun Owners Foundation.
According to Flynn’s notice, petitioners have 28 days to file their brief on the merits and respondents will then have 28 days to file their brief. The court may, “if shown good cause,” grant a request for a short extension time, not to exceed 14 days, Flynn’s order states.
Measure 114 was almost immediately challenged in both federal and state courts. The federal cases were dismissed by U.S. District Judge Karin Immergut, but her ruling was appealed to the Ninth Circuit Court of Appeals, where it has been gathering dust. Two of the four federal cases involved the Second Amendment Foundation.
Gun rights advocates and gun prohibition groups are watching this one closely. A successful challenge finding the permit-to-purchase mandate unconstitutional—because it requires government permission to exercise a constitutionally-enumerated right—could open the legal floodgates for challenges of similar laws in a few other states, including neighboring Washington, where such a requirement was just passed by the Democrat-controlled Legislature and signed by Democrat Gov. Bob Ferguson.
