Oregon's controversial Measure 114, which aims to impose tough gun control laws in the state, continues to see its fate hang in the balance as state attorneys have taken the battle to the Oregon Court of Appeals. The law had originally passed by a razor-thin majority in November 2022, but before it could ever take effect, it hit a legal roadblock in the state's courts. Attorneys for the Oregon Department of Justice are now seeking to overturn a Harney County circuit court judge's decision that deemed the measure unconstitutional, according to reports from KGW.
The Oregon Supreme Court, in a recent move, refused to get involved just yet, stating it is premature for them to step in during the ongoing trial court proceedings. This marks the second time the state's high court has declined to take up the issue. At the heart of the argument are the measure's provisions, which include a requisite gun safety course and permit for gun purchases, and a ban on magazines holding more than 10 rounds. Measure 114 was also designed to close a federal loophole relating to background checks—a policy that Harney County Judge Robert Raschio ruled against, saying it would cause "irreparable harm to gun owners and those seeking to purchase firearms for self-defense," Elkhorn Media Group reported.
The current legal skirmish has the attorneys for the state pressing forward by filing a motion with the appellate court. They hope to place a stay on the ruling and expedite the appeal process, allowing the measure to take effect in the interim. They argue that Raschio's ruling misinterprets both law and precedent and disregards the voice of the people, as documented in their written motion obtained by OregonLive.
The opposing camp, representing the gun owners who brought the initial suit, strongly disagrees with the state’s position. The gun owners' lawyer, Tony Aiello Jr., confident in their legal standing, criticized the state's efforts as "relentless overspending" and is preparing to challenge the state's motion. "It is not surprising that the Defendants are taking this action despite having lost at every stage of this case," Aiello Jr. told OregonLive in an email correspondence. One judge of the Oregon Court of Appeals, Anna M. Joyce, has already recused herself due to a previous work conflict.
Separately, and adding to the complexity, a federal judge found last year that Measure 114 did not violate the Second Amendment of the U.S. Constitution. However, this federal ruling does not supersede the ongoing state case. The state's motion asserts that central to the government’s role is keeping its citizens secure, a sentiment echoed by Jess Marks, executive director of the Oregon Alliance for Gun Safety, who highlighted the human cost of delay, with over 600 Oregonians estimated to have died from gun-related incidents since the measure's inception on the ballot.
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