Oregon Attorney General says state will appeal ruling that Measure 114 is unconstitutional
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Oregon’s attorney general and other top elected officials filed notice that they will appeal a lower court’s ruling this week that the ballot measure approving some of the strictest gun laws in the country is unconstitutional.
The state had 30 days after Tuesday’s filing of a final opinion by Harney County Judge Robert Raschio, who determined Ballot Measure 114 can’t be enforced, to file the intent to the state’s Court of Appeals.
The notice Wednesday by Attorney General Ellen Rosenblum is the latest in a series of legal wrangling that have prevented the law from being enforced since it was passed by voters in November 2022.
“We look forward to defending Measure 114 in the Oregon Court of Appeals,” Rosenblum said in a statement. “The Oregon Constitution does not prevent Oregon voters from adopting these sensible and effective gun safety laws.
“Similar measures elsewhere have saved lives, and there is every reason to believe Measure 114 would save lives in Oregon," she said. "We will be asking the Court of Appeals to allow Measure 114 to take effect while the state’s appeal proceeds and to expedite its review of these important laws.”
The law, which was approved by voters by a slim margin, requires permits, photo ID, fingerprints, safety training and a criminal background check to purchase a gun and prohibits magazines that hold more than 10 rounds of ammunition.
Raschio issued an initial ruling in November following a week-long trial in September.
A three-judge panel of Court of Appeals judges will consider the briefs that are filed in the case and decide if the case has merits to hold oral arguments.
The state’s Court of Appeals hears an average of more 2,700 cases each year.
Bill Poehler covers Marion and Polk County for the Statesman Journal. Contact him at bpoehler@StatesmanJournal.com
This article originally appeared on Salem Statesman Journal: AG Ellen Rosenblum files notice to appeal gun restrictions law ruling
