Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Oregon Court Of Appeals Reverses Lower Court Decision, Lifts Hold on Ballot Measure 114

Wednesday, March 12, 2025

Oregon Court Of Appeals Reverses Lower Court Decision, Lifts Hold on Ballot Measure 114

On Wednesday, March 12th, the Oregon Court of Appeals reversed a lower court decision that had declared unconstitutional Ballot Measure 114, which imposed a permit-to-purchase scheme and banned the possession of magazines capable of holding more than 10 rounds of ammunition. The three-judge panel unanimously held that the provisions of BM 114 do not violate the Oregon state constitution.

The plaintiffs in the case now have 35 days to appeal to the state supreme court, during which time the provisions of BM 114 will not go into effect.

Ballot Measure 114 was voted on in November 2022, passing by a razor-thin margin 50.65-49.35 percent, and includes a permit-to-purchase scheme, "universal" background checks, and a 10-round magazine capacity limit.

The permit-to-purchase name is a misnomer. Individuals must complete several burdensome tasks to obtain the permit, but it does not actually permit them to purchase a firearm. The Measure’s text makes that crystal clear: “A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.”

Even worse, there is no system in place to obtain the permit. The lawsuit points this flaw out: “One might think that a state bent on imposing such a novel and burdensome permitting regime would at least take the time to make sure it had the infrastructure and resources in place to ensure that it would operate as smoothly as possible. But Oregon is not even willing to do that. Instead, the state has rushed the effective date of its new law to December 8, 2022—before the vote on Measure 114 has even been certified, and before the mechanisms to comply with it will be anywhere close to in place.” In effect, it is now legally impossible for law-abiding citizens to exercise their rights to acquire a firearm—a fundamental right preserved by the Second Amendment.

But that’s not all. Measure 114 also mislabels magazines capable of holding more than 10 rounds of ammunition as “large capacity magazines” and outlaws them. These magazines “are commonly owned by millions of Americans for all manner of lawful purposes, including self-defense, sporting, and hunting.” The lawsuit argues. “Today, Americans own roughly 115 million of them, accounting for ‘approximately half of all privately owned magazines in the United States.’” These commonly owned magazines cannot be outlawed under the Second Amendment. Indeed, just last summer, the United States Supreme Court reversed and remanded two other cases that the NRA brought challenging similar magazine bans in California and New Jersey.

This case was brought by Gun Owners of America and several other plaintiffs. The case is captioned Arnold v. Kotek, and you can read the full Court of Appeals decision here.

NRA is challenging Ballot Measure 114 in federal court. That case, Eyre v. Rosenblum, is currently stayed in the 9th Circuit awaiting a decision in the NRA's challenge to California's magazine ban, Duncan v. Bonta.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit https://www.nraila.org/legal-legislation/current-litigation/ to keep up to date on NRA-ILA’s ongoing litigation efforts.

 

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

News  

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. 

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

News  

Monday, April 21, 2025

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

On March 9, when Mark Carney was selected to replace Justin Trudeau as Canada’s Prime Minister and the new Liberal Party leader, he ignored the opportunity the situation presented to jettison his predecessor’s useless and expensive “assault-style ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

Vermont: Committee Approves Burlington Gun Ban

Monday, April 21, 2025

Vermont: Committee Approves Burlington Gun Ban

On Friday, April 18, the Vermont Senate Government Operations Committee approved S. 131, a change to the Burlington City Charter that would allow the city to ban firearms in establishments that serve alcohol.

Legal Update: April 2025 Litigation Update

Monday, April 21, 2025

Legal Update: April 2025 Litigation Update

In the first quarter of 2025, the National Rifle Association filed three new lawsuits and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate. NRA members must urge ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.