By Dave Workman
Almost exactly three years after Oregon voters narrowly adopted gun control Measure 114, which bans so-called “large-capacity magazines” and requires permits-to-purchase firearms from police, the Oregon State Supreme Court will hear oral arguments challenging the measure’s constitutionality next week.
The hearing is scheduled Thursday, Nov. 6, just two days short of the third anniversary of the controversial initiative’s passage in November 2022. The measure squeaked by with 50.65 percent approval and 49.35 percent opposed, just 1.3 percent different on a gun control question which attracted 1,926,753 votes.
But before anyone gets too excited, the Oregon Capital Chronicle is reporting the three-year battle “may not be over.”
Measure 114 was supported by gun prohibitionists and many in the faith community, while opposition involved virtually every Second Amendment organization in the country including the National Rifle Association, Second Amendment Foundation, Gun Owners of America, Oregon Firearms Federation, Oregon State Shooting Association, National Shooting Sports Foundation and Firearms Policy Coalition. Lawsuits were filed in both state and federal courts, with U.S. District Judge Karin Immergut ultimately ruling against the federal plaintiffs, while Harney County Circuit Judge Robert Raschio ruled the measure violates the Oregon State Constitution. Both rulings were appealed by opposing parties, and it is the state case which will now come before the Oregon court, after the state appeals court reversed Raschio’s ruling.
Much has happened in the interim, with the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Assn. v. Bruen setting the tone. Some, including the Capital Chronicle, assert the Supreme Court has been “expanding” gun rights. By contrast, gun advocates argue the high court is restoring Second Amendment rights that have been eroded over the course of decades.
Much is riding on this case, particularly whether the Oregon justices rule permits-to-purchase mandates violate the constitutional right to bear arms.
Second Amendment advocates maintain that citizens do not need permission from law enforcement to exercise a constitutionally-protected right.
Article I, 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[.]”
This case has the potential of winding up before the U.S. Supreme Court, some gun rights advocates have suggested.
