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Federal court ruling upholds Measure 114, more challenges await

By August 1, 2023August 4th, 2023OHA News

A federal court ruled in July that gun control Measure 114′s prohibition on the sale or manufacture of “large-capacity” magazines and requirements to take a class that does not exist and pay for a permit to purchase guns are constitutional.

U.S. District Judge Karin J. Immergut determined that the Second Amendment does not protect firearm magazines that hold more than 10 rounds.

Meanwhile, Measure 114 remains on hold.

The U.S. District Court for Portland heard final closing arguments on the several lawsuits challenging the constitutionality of Measure 114 on June 9. OHA filed an Amicus brief in support of overturning 114. The State of Oregon has spent $2 million of your state taxes hiring private lawyers to defend this measure.

Paul Donheffner, OHA’s Legislative Committee Chair, attended the court session and reported that the legal team fighting for us did an outstanding job. Matt Rowen, the attorney who wrapped up the plaintiffs’ case gave a very eloquent and persuasive argument.

While this decision is not what OHA would have preferred, this outcome was not unexpected and only leads to the next step of an appeal at the 9th circuit court.

This ruling does not have an impact on the current court ruling from Harney County that has stayed Measure 114 and its components. That case is expected to be heard in September.

 

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