Harney County Judge rules Oregon gun Measure 114 unconstitutional

PORTLAND, Ore. (KOIN) -- After legal challenges halted voter-approved Measure 114 from being enforced, a Harney County judge ruled the firearm reform is unconstitutional under the Oregon constitution, according to Tuesday's ruling.

In his ruling, Judge Robert Raschio declared the right to bear arms under the Oregon Constitution would be impeded by Measure 114.

Judge Raschio explains Measure 114's permit-to-purchase scheme unduly burdens Oregonians' right to self-defense from an imminent threat of harm, the ruling says.

Judge Raschio determined the permit-to-purchase scheme is unconstitutional based on the measure's 30-day-minimum delay to buy a firearm, the measure's use of language from concealed handgun statutes, and because the Federal Bureau of Investigation refuses to conduct criminal background checks.

Next, the judge determined the ban on large-capacity magazines is also unconstitutional under the state constitution because firearm components, such as magazines, are legally protected and magazines are a necessary part of guns, according to the ruling.

"The court finds no proof offered demonstrated Large Capacity Magazine bans would reduce the number of causalities in the future. Any such conclusion would be mere speculation by the court which it will not engage," Raschio said.

The ruling continues, "mass shooting events are tragic and often involve the most vulnerable
sections of the population. However, the court finds that the number of people killed and injured is statically insignificant compared to the number of lawful gun owners."

Judge Raschio notes that the court does not have the authority to line-item veto parts of Measure 114, noting that role is for the legislative branch.

Measure 114 was approved by voters in November 2022 and requires a permit to buy a gun, bans “large capacity” magazines holding more than 10 rounds and requires a completed background check.

The plaintiffs -- Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and Gun Owners Foundation -- argued Measure 114 violates the state constitution because the 30-day permit process prohibits Oregonians' right to access a gun. Plaintiffs further argued the magazine limit prohibits self-defense.

The lawsuit was filed against Gov. Tina Kotek, Attorney General Ellen Rosenblum, and Oregon State Police Superintendent Casey Codding.

In a statement, Rosenblum said "the Harney County judge’s ruling is wrong. Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal and we believe we will prevail.”

KOIN 6 News has reached out to Gov. Tina Kotek but has not heard back.

The ruling comes after a federal judge ruled Measure 114 is constitutional at the federal level. However, state legal challenges kept the measure from going into effect.

This is a developing story.