Oregon judge says voter-passed gun law violates state constitution

November 22, 2023

A judge in Oregon ruled Tuesday that a gun control law passed by voters in the state violates that state’s constitution. 

Oregonians voted in 2022 in support of one of the strictest gun control laws in the nation. Measure 114 was to create a permit-to-purchase system and ban magazines that hold more than 10 rounds of ammunition.

However, just months before Oregonians voted, the U.S. Supreme Court, by a 6-3 decision, struck down a New York State gun carry restriction, ruling that Americans have the right to carry firearms in public for self-defense.

On Tuesday Circuit Court Judge Robert S. Raschio in rural southeast Oregon’s Harney County struck down the state’s law, which requires that people undergo a criminal background check and complete a gun safety training course in order to obtain a firearm permit. 

The case stemmed from a lawsuit filed by gun owners who claimed that Measure 114 violated their right to bear arms under the Oregon Constitution. 

The defendants in the case included Gov. Tina Kotek (D), State Attorney General Ellen Rosenblum and State Police Superintendent Casey Codding. 

The Oregon officials plan to appeal the ruling, during which time an injunction freezing the law—ordered by Judge Raschio in December—would likely remain in place.

PHOTO: Grant & Harney County Circuit Courthouse in Oregon

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