(DailyVantage.com) – A judge in Oregon prevented the state from enforcing a “most extreme” gun control law, claiming the law violates the Oregon Constitution. According to Tony Aiello Jr., an attorney representing multiple gun owners in the case, Article I, Section 27 of the Oregon Constitution protects the citizens of Oregon and their right to own firearms.
Oregon’s Attorney General, Ellen Rosenblum, claims she will appeal the ruling and seek additional court input. Rosenblum claims the judge’s determination “is wrong” and puts the citizens of Oregon at unnecessary risk. Rosenblum’s appeal may bring the case to the Oregon Supreme Court, potentially reaching the United States Supreme Court upon additional appeal.
The gun control law blocked by the Harney County judge is Measure 114, which Oregonians voted into law in 2022. The measure received 50.65 percent of the vote, but only six Oregon counties supported the law. Measure 114 was immediately challenged in federal and state court and hasn’t taken effect. If enacted into law by a higher court, Measure 114 will establish a string of new regulations against prospective gun purchasers in Oregon.
Measure 114 required a prospective gun purchaser to possess a permit to buy any firearm. The law also bans sellers from selling magazines with a capacity greater than ten rounds. According to the NRA, Measure 114 is the most extreme gun control law in the entire United States. However, the extreme provisions within Measure 114 aren’t currently active, as Circuit Court Judge Robert S. Raschio ruled against the law’s enactment, citing constitutional violations.
Raschio agreed with Tony Aiello Jr. and referred to Section I, Article 27 of the Oregon Constitution. According to the provision, the people of Oregon will maintain a right to bear arms for self-defense and the defense of Oregon. Rosenblum argued against the constitutional provision by referring to the firearms of 1857, the year Oregon ratified its constitution.
Rosenblum claims the Oregon Constitution doesn’t refer to firearms that can chamber many rounds, such as modern firearms, due to how rare they were in 1857. Despite Rosenblum’s claims, many firearm experts claim that people in 1857 could’ve predicted semi-automatic and automatic firearms and that the Oregon Constitution applies to these firearms as well.
Despite losing in Raschio’s court, Rosenblum claims the state will not rest until Measure 114 is deemed constitutional by the courts.
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