Oregon Court of Appeals says voter-approved firearms measure is constitutional

In ruling Wednesday, the Oregon Court of Appeals approved a measure that would further regulate the purchase of firearms and ammunition across the state.

The opinion finds Ballot Measure 114 is constitutional. This overturns a 2023 decision from an Eastern Oregon judge who found it violated Oregon law.

“We conclude that all of Measure 114 is facially constitutional,” the court wrote in an 25-page opinion published Wednesday.

Despite a green light from the state’s appeals court, the voter-approved initiative won’t go into effect immediately. The decision is likely to be appealed.

Ballot Measure 114 bans purchases of magazines that can hold more than 10 rounds of ammunition. It also requires a permit before purchasing a firearm.

The measure was narrowly approved by voters in 2022, and has faced a number of legal challenges since. Shortly after passing, Harney County residents Joseph Arnold and Cliff Asmussen sued to block the law from taking effect.

In 2023, Harney County Circuit Court Judge Robert Raschio ruled that it violated the state constitution. Attorneys with the state Department of Justice appealed the ruling, arguing that Raschio’s decision was “erroneous” and that the Oregon constitution allows for reasonable restrictions on firearm sales.

Measure 114 has also faced scrutiny in federal court.

U.S. District Court Judge Karin Immergut ruled in a separate case that the measure is permitted under the U.S. Constitution. Immergut, who was appointed by President Donald Trump during his first term, found that the measure’s permitting system did not violate the Second Amendment and that large capacity magazines “are not commonly used for self-defense, and are therefore not protected by the Second Amendment.”

That ruling was appealed to the Ninth Circuit Court of Appeals, but has been on hold while considering a similar law out of California. That statute, which deals with large capacity magazines, will likely be appealed to the U.S. Supreme Court. The high court’s decision will likely have implications for Oregon’s law.

This story will be updated.