An Oregon judge delivered a significant blow to a contentious gun control law passed by voters in 2022, deeming it unconstitutional from Oregon’s state Constitution.
Harney County Circuit Court Judge Robert Raschio finalized a judgment on Monday, reinforcing a decision made in November that concluded the law violated the right to bear arms as outlined in Oregon’s state Constitution. The judge formalized a “General Judgment,” imposing a permanent injunction that prevents the legislation from going into effect.
The law, widely criticized as one of the most stringent gun control measures in the country, included substantial restrictions such as a ban on magazines carrying more than ten rounds, a mandatory permit for the purchase of firearms that must be issued by law enforcement, the inclusion of individuals’ information in a government registry (complete with fingerprints), and a requirement for applicants to pay for permits and undergo gun training.
This Oregon law marked the first significant piece of gun control legislation passed after the Supreme Court established a new standard that such laws must align with the “historical context” of gun control. However, Judge Raschio ruled that the law was unconstitutional.
In his ruling, Judge Raschio stated, “This court is preventing the undue burden of Ballot Measure 114 from being imposed on current, and prospective, gun owners who have a right to lawfully possess firearms for the purposes of defending themselves and the state against imminent threats of harm. . . . the court, using its equitable power, DECLARES and ADJUDGES Ballot Measure 114 facially unconstitutional in all of its applications under Oregon Constitution, Article I, § 27. The court makes this declaration to settle and to afford relief from uncertainty and insecurity with respect to the right to bear arms in Oregon.”
The ruling is a huge win for residents of Oregon who wish to exercise their constitutionally protected rights and defend themselves. However, the fight is far from over. Oregon is one of the most restrictive states in the country for gun ownership, receiving an A- grade from the Giffords Law Center. Law-abiding gun owners must continue to speak out and advocate for their rights to not be infringed by government officials.
