Future of Second Amendment Sanctuaries unclear after the Oregon Court of Appeals invalidates Columbia County's ordinance

Isabella Crowley, The Observer, La Grande, Ore.
·4 min read
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Mar. 3—LA GRANDE — Union County in 2018 joined seven other counties in becoming Second Amendment sanctuaries through the passage of preservation ordinances.

However, the future of Second Amendment sanctuaries across the state is unclear after the Oregon Court of Appeals in February invalidated Columbia County's "Second Amendment Sanctuary Ordinance."

Union County Sheriff Cody Bowen, however, stands firm in the county's status as a Second Amendment Sanctuary.

"Until a law is passed in a court of law, we can still identify as a sanctuary," the sheriff said.

Union County voters passed Ballot Measure 31-96 — the "Second Amendment Preservation Ordinance" — with 58.73% of the vote in 2018. The measure mandated that within Union County, when interpreting the Oregon and U.S. constitutions, firearms also include ammunition and firearms accessories. It also prohibits the enforcement of laws that would regulate the manufacture, sale or possession of firearms, ammunition or firearm accessories in the county.

Pull Quote

"I have a responsibility to stand against anything against our Second Amendment rights."

— Cody Bowen, Union County sheriff

"I have a responsibility to stand against anything against our Second Amendment rights," Bowen said.

Under the ballot measure, the sheriff is required to review any state or federal laws that affect firearms or firearms accessories and determine whether or not they are constitutional.

The ordinance makes "unconstitutional in Union County any law or regulation that restricts a person from possessing firearms, ammunition and firearms accessories," according to the text of the measure.

The Union County Board of Commissioners did not need to adopt an ordinance due to the language of the ballot measure, according to a signed statement from Commissioners Donna Beverage, Paul Anderes and Matthew Scarfo regarding Second Amendment rights.

"The SAPO approved by Ballot Measure 31-96 states that it becomes effective immediately upon certification of approval by the voters of Union County," the commissioners' statement reads. "By its own terms, it has been adopted and we do not need to adopt an ordinance for it to become effective."

The Columbia County ordinance

Columbia County voters in 2018 and 2020 approved measures prohibiting the enforcement of nearly all gun control laws.

The Columbia County Board of Commissioners then adopted a local law combining the two measures. It states that "all local, state and federal acts, laws, rules or regulations, originating from jurisdictions outside of Columbia County, which restrict or affect an individual person's general right to keep and bear arms, including firearms, firearm accessories or ammunition ... shall be treated as if they are null, void and of no effect in Columbia County, Oregon."

The appeals court on Feb. 15 ruled the state law preempts the Columbia County "Second Amendment Sanctuary Ordinance" and so it cannot be enforced.

The court determined the county's ordinance would effectively create "a patchwork quilt" of firearms laws across the state, rendering state laws ineffective. The ordinance was legally void because of a state law that says the power to regulate firearms "is vested solely in the Legislative Assembly," aside from a few regulations explicitly permitted by state statute, the appeals court determined.

Wider ramifications

Twenty-six of Oregon's 36 counties have passed Second Amendment sanctuary ordinances or resolutions against enforcing state gun control laws. The only one of eight Eastern Oregon counties without such an ordinance or resolution is Morrow, however Lexington is a sanctuary city.

In Central Oregon, Deschutes, Wasco, Gilliam and Hood River counties have not passed Second Amendment motions. In Western Oregon, Clatsop, Washington, Multnomah, Lincoln and Benton counties have not.

Umatilla County commissioners did not designate it a Second Amendment sanctuary, but voters passed a referendum to that effect in 2020. Cities in the county were thus spared consideration of sanctuary status.

The Columbia County ruling could set a national precedent, as the first such ruling handed down at the appellate level. While the verdict applies only within Oregon, it could affect the more than 1,900 counties nationwide that have declared themselves gun sanctuaries. That's about 59%, down from 61% in 2021.

Oregon Attorney General Ellen Rosenblum said the Court of Appeals' opinion "makes it clear that common sense requirements like safe storage and background checks apply throughout Oregon. Hopefully, other counties with similar measures on the books will see the writing on the wall."

Rosenblum's office joined the case in opposition to Columbia County's ordinance. She previously sued Harney and Yamhill counties. The national gun control group Everytown for Gun Safety also intervened in the case, supporting overturning the ordinance.

Harney County rescinded its ordinance in 2022. Yamhill County Circuit Judge Ladd Wiles declared the sanctuary ordinance illegal. The county dropped its own appeal of its case in January.

— Reporter John Tillman of the East Oregonian contributed to this report