Oregon Supreme Court to review gun control Measure 114 in November

The Oregon Supreme Court has agreed to review the state appellate court ruling that found gun control

Measure 114

constitutional under state law.

The state’s high court set oral arguments for Nov. 6.

Voters narrowly approved the measure in November 2022 but the regulations have never gone into effect, blocked by a

Harney County judge’s ruling

that they violated the state constitution.

The measure limits gun magazine capacity to 10 or fewer rounds, requires a permit to buy a gun and closes the so-called “Charleston Loophole” by requiring the completion, not just initiation, of a criminal background check to buy or transfer a gun.

The Oregon Court of Appeals ruled in March that the measure is constitutional in a major reversal of the Harney County judge’s decision.

The Appeals Court found that a qualified person can acquire a gun for self-defense under the plain language of Measure 114 and thus the measure meets the Oregon Constitution’s right-to-bear arms provision.

Two Harney County gun owners, backed by Gun Owners of America, had

petitioned

the state Supreme Court to weigh in on the case. Their attorney, Tony Aiello Jr., argued that the high court should clarify Article 1, Section 27 of the state Constitution, which establishes the right to bear arms.

Aiello argued that a required gun permit would turn that right “into a privilege for government to grant or refuse.”

The Oregon attorney general’s office argued the measure’s “reasonable regulations” are designed to promote public safety and don’t “unduly” frustrate a person’s right to armed self-defense.

“The state agrees that the policy matters implicated by Measure 114 are significant,” Assistant Attorney General Robert A. Koch wrote in response to Aiello’s petition. “Keeping people safe is a fundamental duty, mission and purpose of government.”

He wrote that the Court of Appeals decision had appropriately analyzed the measure’s text and found it “facially constitutional.”

“It is past time for the law to go into effect,” he wrote.

Aiello said the case was ripe for state Supreme Court review, noting that additional gun regulations are now before the state Legislature and that the Oregon Court of Appeals decision would set “disastrous precedent.”

House Bill 3075 would launch the major provisions of Measure 114 along with some changes, but appears to have stalled after passing the House Judiciary Committee.

In an amendment that state Rep. Jason Kropf, D-Bend, introduced to another gun bill Thursday, the provisions of Measure 114 – including the one that would make possession, sale or transfer of a large-capacity magazine – would be delayed from taking effect until March 15, 2026.

— Maxine Bernstein covers federal court and criminal justice. Reach her at 503-221-8212, mbernstein@oregonian.com, follow her on X


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