After a Harney County, Oregon, judge found a gun control law ‘unconstitutional’ the state appealed the decision, arguing that it was, in fact, constitutional.
Harney County gun owners, in turn, appealed the decision by the state, but that appeal has been overturned by the Oregon Court of Appeals.
Measure 114 Restricts Gun Capacity
In November 2022, Measure 114 narrowly passed a public vote to go into force with just 50.7% in favor.
It contains a number of gun control provisions, including limiting the capacity of ammunition magazines to 10 rounds.
Law Heavily Opposed in Harney County
The law was not passed with a majority across the state, with several regions, including Harney County, having a majority against the bill.
However, Harney County’s opposition was particularly notable. 85% of voters in the county voted against Measure 114.
Harney County Judge Delays Measure 114
Harney County Circuit Judge Robert S. Raschio had issued an emergency injunction on the bill, delaying its effect.
He found that two measures in the bill, including the manufacture of ammunition rounds with more than 10 rounds, violated the US constitutional right to bear arms.
Raschio Argues That State Didn’t Consider Public Safety
The state made the argument that the new law was intended to prevent mass shootings such as that seen in Las Vegas in a 2017 music festival.
However, the judge countered that the state had not shown that Measure 114 would protect public safety.
The State Appeal Raschio’s Ruling
The state appealed Raschio’s ruling on the basis that the law wasn’t unconstitutional, as the Harney County judge had ruled.
The lawyer’s statements went further yet, when they declared that Raschio’s ruling had turned “legal standards on their head”.
Support for the State’s Appeal
The grassroots organization Lift Every Voice Oregon, along with several other faith groups, put in a ‘friend of the court brief’ in support of the state’s appeal and more generally stringent gun control laws.
This means that their argument can be considered when making a decision on the final ruling. They argue that the “text of Measure 114 makes clear that its purpose is to promote public safety.”
The Appeal of the Appeal
Gun owner organizations, in turn, appealed the state decision to overturn Raschio’s ruling.
They took this to the Oregon Court of Appeals, arguing that higher-magazine rounds were important for the protection of livestock from coyotes, wolves and bears.
Gun Owners’ Appeal Dismissed
The latest decision, taken by the Oregon Court of Appeals, is to dismiss the appeal by the gun owners that the law is unconstitutional.
This means that, for the time being, the state’s appeal overturning Raschio’s decision will be upheld.
Dispute May Not Be Over Yet
The Harney County gun owners may still be able to prevent Measure 114 from taking effect.
They have until July 26 to file a response to the Oregon Court of Appeals, at which point their arguments may be taken further.
