PORTLAND, Ore. — An Oregon judge ruled Measure 114, the ballot initiative that demands stricter gun laws, "unconstitutional" Tuesday.
"It was great news that we were kind of pulling for because it was kind of a last hope for us," said Bryan Mumford, owner of PDX Arsenal.
Mumford is a Portland native who provides concealed handgun licensing and live fire shooting training. He says the case in Harney County was one he followed closely.
"With Measure 114, from the beginning to the end, it was misleading," Mumford said. "It was not organized; there were not the proper communications made to have this work."
The ballot initiative would require federal criminal background checks, gun safety training and would ban the sale of magazines that hold more than ten rounds.
While a federal judge ruled the measure constitutional earlier this year, Harney County Judge Robert Raschio issued a decision, saying the measure violates the Oregon constitution.
Lewis and Clark Law professor Tun Yin says Measure 114 must be deemed constitutional at both the federal and state level to be implemented.
"A law has to ... run through both gauntlets to be valid. If you fail one or the other, then the law is no good," Yin explained.
Judge Raschio explained in his ruling that the measure violates an Oregonian's right to bear arms, particularly the section that would ban high-capacity magazines.
“The court finds that the large capacity magazine ban effectively bans all firearm magazines fixed or attached which is unconstitutional under any application of said law," the decision reads.
Mumford agrees, claiming most magazines can be modified, which would make them illegal under the measure.
"For those who understand the anatomy of a handgun magazine, those base plates on those are removable to service them, clean them, replace springs," Mumford said. "That means any magazine and all magazines that have a detachable base plate, those would not be allowed even at the 10-round limit."
Raschio also says that Measure 114 "does not increase public safety," despite arguments from state lawyers that the new regulations were intended to reduce mass shootings, homicides and suicides. He stated that the 30-day window to process a gun permit application would allegedly prevent Oregonians from properly defending themselves from an imminent threat.
As for Lift Every Voice Oregon, proponents of Measure 114, they still believe Oregon voters want to see it implemented.
"Voters were clear that these life-saving policies should be the law in Oregon," Rev. Mark Knutson said. "We know these policies have been upheld by courts in other states, and though we anticipated Judge Raschio would rule the way he did, we have been preparing for the appellate process for some time now."
Oregon Attorney General Ellen Rosenblum plans to appeal the decision in the next few months; Gov. Tina Kotek posted her support for the appeal on "X," formerly known as Twitter:
For many, this fight is far from over.
"Then, of course, whichever side loses at the appellate level can seek review from the Oregon State Supreme Court," Yin explained. "A case like this — high profile, very wide-reaching in terms of its impact on Oregonians — there's a good chance the State Supreme Court would weigh in."