By Dave Workman
Editor-in -Chief
The fate of Oregon Measure 114—the restrictive gun control measure narrowly adopted by voters last November—could be decided this week by a Harney County circuit court judge weeks after a federal district judge in Portland said the measure does not violate the constitution.
But that is not the position of plaintiffs who last year filed the challenge in state court while many national gun rights organizations took their challenges to federal court on Second Amendment grounds.
The case is being heard by Circuit Judge Robert Raschio, who put the law on hold until the case could be heard this week. Meanwhile, Oregon anti-gunners have been furious.
The case will determine whether the measure, which Second Amendment activists have called “extremist,” violates the Oregon state constitution. The measure requires permits from local law enforcement to purchase, bans so-called “large capacity magazines,” and more.
In June 2022, months before Oregon voters passed the measure, the Supreme Court changed the Second Amendment landscape with a ruling establishing new guidelines for Second Amendment litigation and gun control laws. Henceforth, gun laws must show some historical connection, rather than merely address some modern government perspective.
The federal lawsuits brought together virtually every major gun rights organization in the country. At least four separate legal actions were filed by groups including the Second Amendment Foundation, National Shooting Sports Foundation, Gun Owners of America, Firearms Policy Coalition, and, in the background, the National Rifle Association, plus the Oregon Firearms Federation.
U.S. District Judge Karin J. Immergut determined that the larger magazines are not commonly used for self-defense, according to the Associated Press, and are not protected by the Second Amendment.
As noted by the AP, ten other states have permit-to-purchase requirements. They are Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New York and Rhode Island. This is based on information from the Giffords Center to Prevent Gun Violence.
Large-capacity magazines are banned in California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Washington, Illinois (long guns only) and Vermont (long guns only), according to the Giffords center, the AP noted.
