Oregon Gun Owners Challenge Measure 114 in Supreme Court Over Constitutional Rights

Despite a ruling by the Oregon Court of Appeals, the Gun Owners of America Inc. is supporting two Harney gun owners who are questioning the validity of gun control Measure 114 in terms of the Oregon State Constitution.

Although Measure 114 was approved by Oregon voters in 2022, continuous legal challenges have delayed its implementation, including the November 2023 ruling by the Harney County Circuit Court that the proposed gun law was unconstitutional.

However, last month the Oregon Court of Appeals overturned the Harney ruling, finding that it did not violate the right to bear arms as stipulated in the state constitution.

Petition Argues in Favor of the Right to Bear Arms

In a new petition to the Oregon Supreme Court, attorney Tony L. Aiello Jr., representing the two Harney gun owners, calls for clarification of Article 1, Section 27, in the constitution which upholds the right to bear arms.

In his petition, Aiello argues that Measure 114 translates the right to bear arms into a privilege that the government can either approve or refuse.

Measure 114 calls for a permit to be issued after a criminal background check before a gun can be purchased or transferred. It also outlaws magazine capacities of 10 or more rounds.

Supporting the Harney County petition, the Gun Owners of America Inc. has been involved in several gun control challenges countrywide.

Oregon State Attorney Dan Rayfield has made it clear that the state will defend Measure 114 following the Court of Appeals ruling that the gun control measure is constitutional.

However, the Harney gun owners petition says that if Measure 114 is legislated it will set a precedent, and calls for a reversal of the Court of Appeals ruling. It also states that the stipulation that a permit must be issued before firearms can be sold or transferred is ‘heavy-handed.’

Similar to Oregon’s Measure 114, on Monday, the Washington State Senate approved a bill requiring a five-year permit to purchase a firearm after submitting to a criminal background check and completing a firearms safety course.