Oregon Court Upholds Mag Ban & Purchase Permits

The Oregon Court of Appeals ruled that a measure placing further restrictions on firearm and ammo purchases in Oregon does not violate the state’s constitution.

Ballot Measure 114 prohibits large-capacity magazines over 10 rounds and mandates that residents hold a permit before buying a gun. To obtain the permit, residents have to pass a criminal background check and successfully pass a gun safety course. Additionally, it closes the so-called “Charleston Loophole” which allows firearm transfers to move forward if a background check takes longer than three days.

Despite a narrowly passing by voters, Measure 114 drew the ire of pro-2A advocates who said that the ban and further regulations were unconstitutional.

“Despite where you stand on Second Amendment issues, consider this: Oregon already has some of the strongest gun laws in the country. The problem is they aren’t enforced, and Measure 114 does nothing but create new bureaucratic barriers to responsible gun ownership. It does not address the problem: enforcement of existing laws and access to mental health services,” Oregon Gun Owners said in a statement.

“Measure 114 targets the wrong people. Elected leaders must step up to address the root causes of crime. Complicated issues like this should not be legislated from the ballot box.”

Initially, an Eastern Oregon judge agreed, saying that Measure 114 violated the Second Amendment; however, that decision was overturned by a three-judge panel Court of Appeals. In a 25-page opinion, the panel argued Harney County Circuit Court Judge Robert Raschio applied the wrong legal framework when deeming the measure unconstitutional.

“We conclude that all of Measure 114 is facially constitutional,” the court wrote.

Backers of the bill said the appeals court decision was a welcomed win in the fight against gun violence.

“Oregonians brought this measure to the ballot,” Jess Marks, executive director for the Alliance for a Safe Oregon, said during a conference.

“They passed it, and it’s the gun lobby that has brought these lawsuits forward. We intend, in partnership with all the folks who’ve worked on this issue, to see Oregonians' wishes through.”

Voters passed the bill in 2022 with a 50.6% majority vote.

Though the Court of Appeals agreed to allow the measure to continue forward, it won’t go into effect immediately. Opponents of the bill will have 35 days to appeal. Lead counsel in opposition of the bill said they intend to do just that.

“Today Measure 114 has turned millions of Oregonians into criminals because their right to bear arms has been erased by Oregon’s Judiciary,” lead counsel Tony Aiello, Jr. told Oregon Public Broadcasting in a statement.

“We intend to appeal this ruling to the Oregon Supreme Court and call on Oregonians for their continued support of this litigation.”

What are your thoughts on the appeals court decision? Let us know in the comments below. For more on what’s happening in the gun world, check out our News page.