On Tuesday, a judge from an Oregon county temporarily halted Oregon Ballot Measure 114, commonly referred as BM 114. This significant gun control legislation was ruled to be in violation of the state’s constitution. Despite a previous federal court ruling which had declared that the measure was in compliance with the Second Amendment of the US Constitution, the county court, led by Judge Robert Raschio, found otherwise.
The dispute mainly centered around two provisions of BM 114: the controversial “permit-to-purchase scheme”, and the ban on high-capacity magazines. According to Judge Raschio, both these provisions were deemed facially unconstitutional – undermining Oregon citizens’ “right to self-defense against an imminent threat of harm”.
Interestingly, the judge traced the support for BM 114 back to the public’s reaction to the 2022 Uvalde, Texas shooting. He claimed, the public’s perception of these mass shooting incidents, which they believe to be widespread and constant, mostly fueled the backing for BM114’s magazine ban and other limitations on gun sales. However, he stated that this public belief was baseless.
BM 114 was narrowly adopted by Oregon voters in November 2022. The law mandated a criminal background check and completion of a gun safety training course for any individual wishing to purchase a firearm. Additionally, it also prohibited the buying of high-capacity magazines. Yet despite its initial setback, a US District Court Judge had ruled BM 114 constitutional earlier this year, stating the Second Amendment does not protect high capacity magazines.
Unsurprisingly, the latest ruling has triggered reactions from various quarters. Oregon’s Attorney General, Ellen Rosenblum, expressed her disapproval of Judge Raschio’s decision in an AP News statement. She argued that the ruling was incorrect and posed needless risks to the lives of Oregonians. Furthermore, she announced her intent to challenge the judgement in court.
Judge Raschio’s block of BM 114 is scheduled to be in effect from December 8. In the meantime, it remains to be seen how this legal battle unfolds and its consequent impact on Oregon’s gun laws.