PORTLAND, Ore. — Attorneys for the state of Oregon have appealed to a higher court, asking them to reverse a Harney County judge's ruling that struck down a voter-approved gun law.
Measure 114 passed with just over 50% of voters in favor back in November 2022. Despite its passage, the law has never taken effect due to lawsuits at both the state and federal level.
Most recently, a circuit court judge in Harney County ruled that Measure 114 violated the Oregon Constitution, striking the law down. The judge previously placed a temporary halt on enforcement of the law pending trial.
On Friday, attorneys for the Oregon Department of Justice filed a motion with the Oregon Court of Appeals, arguing that Judge Robert Raschio's ruling should not be the final word on Measure 114. They asked that the higher court place a stay on the ruling, allowing the law to go into effect, and requested that the court expedite the appeal.
Measure 114, if it did go into effect, would make Oregon's gun control laws among the strictest in the nation. It would require that prospective gun owners receive a permit before they can purchase a gun, preceded by a training course.
The law would also ban the sale and manufacturing of gun magazines that hold more than 10 rounds of ammunition. Judge Raschio ruled that both of these primary elements of Measure 114 violate Article I, Section 27 of the Oregon Constitution, which reads:
"Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power"
The state argued that Measure 114 was intended to reduce the possibility of mass shootings and homicides, but the judge ruled that they failed to prove that either element would promote public safety.
In their new motion, state lawyers took issue with Raschio's reasoning.
"The trial court's errors are basic and fundamental," they wrote, in part. "By ignoring precedent, misconstruing the statute, and repeatedly applying incorrect legal standards, the trial court disregarded the will of the people and forestalled their efforts to protect themselves from gun violence."
"In doing so, the trial court arrogated to itself policy-making authority on a matter of great public import and safety. Under the Oregon Constitution, that authority properly belongs to the legislature and, through the initiative process, 'to the people.'"
In short, the attorneys argue that Raschio overstepped his authority, and Oregon voters have the power to make policy through initiative petitions.
Plaintiffs in the Harney County case oppose the new motion, and intend to file a counter to Oregon's motion. That response has not yet been filed.
In a separate federal trial, a judge ruled that Measure 114 did not violate the Second Amendment to the U.S. Constitution. However, the federal ruling is completely independent of the state case and does not supersede the Harney County ruling.