An Oregon district judge on Tuesday blocked Oregon Ballot Measure 114 (BM 114), Oregon’s gun control law, from taking effect. The court found that the ballot measure violated the state constitution, despite an earlier federal court ruling that the measure was consistent with the Second Amendment of the US Constitution.
The court found that two provisions of BM 114, the “permit-to-purchase” scheme and the ban on high-capacity magazines, were unconstitutional on their face. The court said Oregonians’ “right to self-defence against an imminent threat of harm” was “unduly burdened” by BM 114.
In his reasoning, Judge Robert Raschio highlighted the fact that support for BM 114 surged after the 2022 shootings in Uvalde, Texas. Raschio said, “The mass shooting events have a significant impact on the psyche of America when they happen,” and therefore, “people tend to believe that these events are frequent and happen all the time.” Raschio pointed to this mentality as one of the reasons behind the BM114 magazine ban and other restrictions on gun sales. Raschio noted that this belief was “not borne out by the evidence”.
BM 114 was narrowly passed by Oregon voters in November 2022. The law required gun buyers to undergo a criminal background check and complete a gun safety training course to obtain a permit before purchasing a firearm. The measure also banned the purchase of high-capacity magazines. Earlier this year, a US District Court Judge for the District of Oregon ruled that BM 114 was constitutional. The federal court found that the Second Amendment does not protect high-capacity magazines.
In a statement to AP News, Attorney General Ellen Rosenblum said she intends to appeal Raschio’s ruling on Tuesday. She argued: “The Harney County judge’s ruling is wrong… Worse, it needlessly puts Oregonians’ lives at risk. The state will appeal, and we believe we will prevail.
Judge Raschio’s block on BM 114 will take effect on 8 December.