In a recent decision, the Oregon Court of Appeals ruled that a gun control law approved by voters in 2022 is constitutional, overturning a lower court’s decision that had put the law on hold. The law requires individuals to undergo a criminal background check and complete a gun safety training course to obtain a permit to purchase a firearm, as well as bans high-capacity magazines holding more than 10 rounds.
Measure 114 has been a subject of contention since its passage, with gun owners challenging its constitutionality claiming it violated the right to bear arms under the state constitution. After a trial in 2023, Circuit Court Judge Robert S. Raschio ruled in favor of the gun owners, but the Oregon attorney general’s office appealed the decision.
The Oregon Court of Appeals found that the law does not unduly infringe on the right to armed self-defense and deemed it constitutional. Oregon Attorney General Dan Rayfield welcomed the ruling while lead counsel for the gun owners, Tony Aiello Jr., plans to appeal to the Oregon Supreme Court.
In a separate federal case, a judge ruled that the law was lawful under the Second Amendment of the U.S. Constitution, but the plaintiffs, including the Oregon Firearms Federation, have appealed the decision to the 9th U.S. Circuit Court of Appeals.
The law will not go into effect immediately as those challenging it have 35 days to seek further appellate review. Despite the ongoing legal battles, the appeals court’s decision marks a significant victory for supporters of gun control measures in Oregon.
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