PORTLAND, Oregon — A federal trial begins Monday to determine the constitutionality of Oregon Measure 114. Voters approved Measure 114 in November to restrict firearm access. But the measure has been held up by a temporary restraining order from a Harney County judge.
If Measure 114 is found to be constitutional, it would require photo identification, fingerprints, firearms training, a background check and a permit issued by police to buy a gun. There would also be a fee to buy firearms. It would also ban magazines that hold more than ten rounds of ammunition.
Attorneys arguing for Measure 114 believe the measure is constitutional.
“The crux of our defense for large capacity magazines are that they’re not arms at all protected by the Second Amendment because they’re accessories,” said Zach Pekelis, an attorney at Pacifica Law Group said.
Pekelis said the United States has a long tradition of restricting dangerous weapons and accessories.
Proponents of Measure 114 said the Second Amendment gives law-abiding citizens the right to use commonly used firearms for self-defense. But they claim 99% of lawful self-defense cases involve three gunshots or less. That’s much fewer than the ban on magazines holding ten rounds of ammunition or more.
“We’re extremely confident that after a five-day trial, we’re going to prevail and Measure 114 will be able to move forward and be implemented,” Pekelis said.
Bend City Councilor Anthony Broadman is also in favor of Measure 114. He said Bend is still grieving from an August shooting at a Safeway where two people were killed by a 20-year-old gunman.
Broadman said the shooter used an AR-style gun and a high capacity magazine. Broadman believes the policy could lead to less shootings.
“It is a set of common sense gun safety policies that will reduce violence, will save lives by keeping guns out of hands that shouldn’t have them,” Broadman said.
In the federal lawsuit against Measure 114, those in opposition have said the policy violates Second Amendment rights.
Lawyers representing the Oregon Firearms Federation said millions of law-abiding Americans own firearms with more than ten rounds. Lawyers said there is nothing novel or unusual about the technology.
The Oregon Association of Sheriff’s also opposes Measure 114.
“We recognize that we must address firearm violence, but measure 114 is just not the answer," said Shane Nelson, the president of the Oregon State Sheriff’s Association.
Pekelis expects the trial to last until Friday, but believes it will be weeks to months before a ruling is issued.
There is also a temporary restraining order issued against Measure 114 by a Harney County Circuit Judge. The preliminary injunction is expected to stay in place until a September trial.
Correction: The video at the top of this article incorrectly states that measure 114 would ban magazines with 10 rounds or more. However, measure 114 would ban magazines with more than 10 rounds.