Oregon Judge Rules That Voter-Approved Gun Control Law Violates The State Constitution

Harney County, Ore. — Harney County Circuit Court Judge Robert Raschio ruled on Tuesday that Measure 114 is unconstitutional. The measure, which would have required Oregonians to apply for and obtain a permit before purchasing a gun, outlaws magazines holding more than 10 rounds, unless owned by law enforcement or military members, or purchased before the law’s passage. It also establishes a statewide firearms database.

Raschio released a 40-page opinion nearly 60 days after the conclusion of a weeklong trial for the measure, during which he heard from gun owners, manufacturers, law enforcement officials, historians, and various other witnesses. The judge had previously blocked the implementation of the measure last year, and in Tuesday’s decision, he declared that the block would be permanent.

Tony Aiello Jr., representing Oregon gun owners who filed the lawsuit, argued that the state’s case was about individual rights to self-defense and the right to bear arms. State attorneys contended that the law made reasonable changes to gun regulations and called on witnesses, including professors from the University of California, Berkeley, and Southern Oregon University, to testify about the historical context of firearms in the 1850s.

Raschio based his decision on the testimony, stating that the drafters of Oregon’s constitution could have been aware of firearms development and multi-shot technology. He noted that Oregonians in 1857 were reliant on firearms and did not seek to restrain access to advanced firearms when writing the state’s right to bear arms.

The judge found the permit-to-purchase section of Measure 114 facially unconstitutional and an undue burden on Oregonians’ right to self-defense. He also concluded that the large-capacity magazine ban was unconstitutional, citing testimony from sheriffs who spoke of the difficulties in responding to emergencies with small departments.

Raschio prohibited testimony during the trial about treating gunshot victims but did hear from a volunteer with the Measure 114 campaign, Joe Paterno, who provided testimony about the impact of mass shootings on the campaign. Raschio dismissed the belief that mass shootings are prolific, stating it is not validated by evidence.

In response to the ruling, Oregon Attorney General Ellen Rosenblum called it incorrect and stated the state would appeal. The state has until noon on Dec. 8 to review and file any objections when the court will enter the judgment.