Oregon Court of Appeals says voters-approved gun law is constitutional, reversing lower court rulings
SALEM, Oregon (AP) – The Oregon court of appeals found Wednesday that the gun control law approved by voters two years ago was constitutional, reversing a lower court ruling that held its shelved state judges.
The law is one of the toughest laws in the United States, requiring people to undergo criminal background checks and complete gun safety training courses in order to obtain a license to buy a gun. It also prohibits holding more than 10 rounds of high-capacity magazines.
Measure 114 has been tied to state and federal courts since voters narrowly approved the measure in November 2022. This is one of the earliest gun restrictions passed after a major ruling in 2022 U.S. Supreme Court ruling in 2022.
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A state judge in rural southeastern Oregon temporarily prevented the law from going into effect because the gun owner claimed that it violated the right of weapons to infringe on the Oregon Constitution. Circuit Court Judge Robert S. Oregon Attorney General’s Office appealed the ruling.
In Wednesday’s view, a three-president panel of the Oregon Court of Appeal found that the law’s licensing program and large-capacity magazine ban would not be “overly frustrated” to gain the right to armed self-defense under the state constitution.
The Attorney General’s Office said the law will not take effect immediately, as those who challenge the law have 35 days to seek further review of appeals.
Oregon Attorney General Dan Rayfield welcomed the ruling. “Oregonians vote for it, and it’s time to take common sense security measures,” he said in a statement.
Tony Aiello Jr., chief attorney representing the gun owner, said he intends to appeal the ruling to the Oregon Supreme Court. Measure 114 “has turned millions of Oregonians into criminals because the Oregon judiciary has wiped out the right to weapons,” he said in a statement Wednesday.
In another federal case of this measure, the judge ruled that it was legal under the Second Amendment to the U.S. Constitution. Plaintiffs in federal cases, including the Oregon Gun Federation, filed a ruling with the 9th Circuit Court of Appeals.
