Well, that didn’t take long. Oregon’s “Ballot Measure 114” enacting all manner of gun control narrowly passed in November. Now, days before it’s effective date, the Second Amendment Foundation has filed suit to block its implementation.
Measure 114 institutes a permitting process issued by local police to purchase a firearm. It also requires a photo ID, fingerprints, gun safety training (at the buyer’s expense), fees and so forth. It also blocks possession of standard capacity magazines over ten rounds.
We all know that under the Bruen Supreme Court decision earlier this year, gun control measures will face strict scrutiny under a text, history and traditions measure. Unfortunately for those gun control advocates and groups who cheered passage of Measure 114, there were zero states in 1791 that required fingerprints, purchase permits, fees, gun safety training classes or bans of magazines of over ten rounds.
Measure 114 takes effect on December 8th, but the SAF court filing asks for an injunction to block enforcement and a temporary restraining order to stop its implementation until the court can rule on the legal challenge.
BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit in U.S. District Court in Portland, Oregon challenging provisions of Ballot Measure 114, the restrictive gun control initiative passed Nov. 8 which bans standard capacity ammunition magazines among its tenets.
Joining SAF in the legal action are G4 Archery, Grayguns, Inc., the Firearms Policy Coalition and a private citizen, Mark Fitz. They are represented by attorney James L. Buchal, Murphy & Buchal LLP in Portland. Named as defendants are Oregon Attorney General Ellen Rosenblum and State Police Supt. Terri Davie, in their official capacities. A motion for injunctive relief may be read here .
“As we immediately explain in our lawsuit, the State of Oregon has criminalized one of the most common and important means by which its citizens can exercise their fundamental right of self-defense,” noted SAF Executive Director Adam Kraut. “By banning the manufacture, importation, possession, use, purchase, sale, or transfer of standard-capacity magazines that can hold more than 10 rounds the State has barred law-abiding, peaceable residents from legally acquiring or possessing common ammunition magazines and deprived them of an effective means of self-defense.”
SAF founder and Executive Vice President Alan M. Gottlieb explained, “Maybe the most frustrating thing about the Oregon measure is that officials there are willing to enforce the law’s provisions despite any real prospect this law is going to reduce violent crime. The only people actually impacted are law-abiding citizens who don’t commit crimes, and who will be left more vulnerable to attack because of this new law.”
As noted in SAF’s complaint, the magazines banned under the language of Measure 114 are commonly-owned across the United States by millions of honest citizens. They are standard capacity magazines in many firearms, including handguns used for personal and home protection, competition, recreational shooting, predator control, and other legitimate activities. According to the 2021 National Firearms Survey, an estimated 48 percent of American gun owners have owned magazines that hold more than 10 cartridges.
“Because the provisions of Measure 114 are scheduled to take effect Dec. 8,” Kraut noted, “we are asking the court for a declaratory judgment and injunctive relief.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
What helps me sleep well without taking Tums on a regular basis is that Alan Gottlieb at SAF, along with the team over at Firearms Policy Coalition, they have our backs in case the Illinois General Assembly’s Black Caucus leadership want to try to pass a gun and magazine ban.