January 12, 2024

Judge Permanently Blocks Oregon Gun Control Effort

In a decisive ruling on January 9, 2024, Harney County Circuit Court Judge Robert Raschio permanently blocked the gun controls outlined in Oregon's Ballot Measure 114 (BM 114).

This action followed Raschio's initial blockage, through a temporary restraining order issued on December 6, 2022, just days before the scheduled implementation of the gun controls. The temporary restraining order was a response to a case filed by Gun Owners of America.

After months of legal proceedings in both state and federal courts, Raschio issued a permanent injunction against BM 114 on November 21, 2023.

The legal battle persisted until January 9, 2024, when Raschio solidified the permanent injunction, declaring that "Ballot Measure 114 is facially unconstitutional in all of its applications under Oregon Constitution, Article I, section 27."

The court order further directed that the defendants and their agents are permanently enjoined from enforcing all provisions of Ballot Measure 14.

Last month, Oregon police had expressed concerns that BM 114 would limit them to ten-round magazines and require a permit for off-duty firearm carry if it were allowed to take effect.

The general judgment, signed by Raschio on Monday, solidifies his November opinion, where the judge determined that the law infringed upon the right to bear arms as guaranteed by the Oregon Constitution.

This law, recognized as one of the most stringent in the country, was enacted following a landmark U.S. Supreme Court decision last year that altered the criteria for judges assessing Second Amendment cases.

Among its provisions, the law mandates individuals to undergo a criminal background check and complete a gun safety training course to obtain a firearm purchase permit, while also prohibiting high-capacity magazines.

Measure 114 has been entangled in legal battles in both state and federal courts since its approval by voters in November 2022.

The state trial originated from a lawsuit filed by gun owners who contended that the law violated their right to bear arms under the state constitution. Oregon Attorney General Ellen Rosenblum, a defendant in the case, has pledged to appeal the ruling.

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