Harney County judge rules voter-approved Oregon gun safety law unconstitutional

A Harney County judge ruled Tuesday that Oregon’s voter-approved gun safety law is unconstitutional.

Judge Robert S. Raschio issued a permanent injunction on Measure 114 after a lengthy trial, effectively suspending it until further notice.

M114 has been stuck in federal and state courts for nearly a year since voters narrowly passed the measure in November 2022.

The law requires people to submit to a criminal background check and complete a firearm safety training course to obtain a permit to purchase a firearm. It also bans high-capacity magazines holding more than 10 rounds.

The decision applies to both shopping permit and store capacity limits, putting them on permanent hold.

The State of Oregon still has the option to appeal Judge Raschio’s decision to the appeals court.

“The Harney County judge’s decision is wrong. Worse yet, it unnecessarily endangers the lives of Oregonians. The state will appeal and we believe we will prevail,” Attorney General Rosenblum said.

Tung Yin, a law professor at Lewis & Clark College, said if the state appeals, the process could be lengthy.

“I guess it should be done within a year, and on the other end, at the state Supreme Court, you wonder how long it will take them to decide whether they should take over the business in the first place,” Yin says. “This is a high-profile case, so it’s not a case where judges and their law clerks have to look at it and decide ‘do we want to take this case?’ This one will be on their radar.”

Last December, Raschio temporarily blocked the measure from going into effect after gun owners filed a lawsuit claiming it violated the Oregon Constitution.

M114 has also been challenged in federal court. In July, a judge ruled that the measure did not violate the U.S. Constitution.

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Lawyers challenging Measure 114 call it “the most extreme anti-gun law in the country.”

Supporters say it will save lives.

The judge’s ruling indicates that, particularly in rural Oregon, citizens cannot rely on law enforcement to help protect their property.

You can read Judge Raschio’s decision below:

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