The Second Amendment Law Center is pleased to announce the launch of our latest amicus brief campaign in support of several critical cases in Oregon that challenge several new state gun laws, including a ban on commonly owned standard capacity magazines. On Friday July 14th, a US District Court judge denied a motion for an injunction and issued a judgment against the plaintiffs challenging the law. So the case is now being appealed to the federal Ninth Circuit Court of Appeals.
Oregon voters approved Measure 114, aka the “Changes to Firearm Ownership and Purchase Requirements Initiative,” in November 2022. The measure was approved by a slim majority, with 50.7% of the votes cast. Measure 114 was scheduled to go into effect on January 1,2023. It was quickly challenged in federal court on multiple grounds by multiple parties, including the Oregon Firearms Federation, Oregon State Shooting Association, several local retailers and individual gun owners, the Second Amendment Foundation, and the National Shooting Sports Foundation. Those cases were consolidated before US District Court Judge Karin J. Immergut. Interestingly, President Trump appointed Judge Immergut to the United States District Court for the District of Oregon on June 11, 2018.
The case was also challenged in state court based on Oregon’s state constitution.
Here are the federal cases that challenge Measure 114:
Oregon Firearms Fed’n, Inc. v. Kotek, is the lead case in the consolidated lawsuit, and was the first lawsuit to be filed and challenged all aspects of Ballot Measure 114 (“BM 114”)—including Oregon’s permit-to-purchase regime and the restrictions on large-capacity magazines (“LCMs”). No. 2:22-cv-01815-IM.
Fitz v. Rosenblum, the second case filed, challenged only BM 114’s LCM restrictions. No. 3:22-cv-01859-IM.
Eyre v. Rosenblum, the third case filed, challenged all aspects of BM 114, including both Oregon’s permit-to-purchase regime and Oregon’s restrictions on LCMs. No. 3:22-cv-01862-IM.
Azzopardi v. Rosenblum, the fourth case filed, challenged only BM 114’s permit-to-purchase regime. No. 3:22-cv-01869-IM.
Even though Measure 114 infringes on the constitutional rights of the people of Oregon, the District Court ruled that the law is not unconstitutional, and went so far as to say it doesn’t even implicate the Second Amendment. Click here to read that decision. So, now the cases will move to the Ninth Circuit on appeal.
Significantly, for now at least, Ballot Measure 114 is still blocked from taking effect because of a state court decision in the case of Arnold v Oregon from the state court in Harney County. Gun Owners of America and the Gun Owners Foundation led the charge in that state court case. That state court decision blocked the law because the judge agreed with GOA that Measure 114 violates the Oregon State Constitution (this was not a federal Second Amendment challenge). A full trial in that case is scheduled for September.
The federal cases are now on appeal in the Ninth Circuit, and the plaintiffs representing gun owners in the federal cases are asking the Ninth Circuit Court of Appeals to overturn the lower District Court ruling and block the law from taking effect.
2ALC is coordinating an amicus brief campaign urging the Ninth Circuit to strike down the law. Several amicus participants are already on board, including the California Rifle and Pistol Association, Gun Owners of California, Guns Save Life, Gun Owners of America, FFL-Illinois, and other groups. These groups face similar gun or magazine bans in other states, and so want to make sure that the Ninth Circuit rules correctly so as to protect gun owners’ rights nationally.
Amicus briefs will be due in the next few months, and the Second Amendment Law Center is doing everything we can to help coordinate those briefs and get as much support for plaintiffs as possible in this appeal.
2ALC recently coordinated similar amicus brief campaigns in Illinois, Delaware and Hawaii. Amicus briefs are critical in cases like this because the attorneys for the parties are not allowed to fund or participate in writing amicus briefs and so need the Second Amendment Law Center, with experience in Second Amendment issues, to step in and assist with amicus briefs supporting them.
“We expect these amicus briefs will positively impact the court’s reasoning, and we are hopeful of a victory here. A well-coordinated amicus brief campaign can make the difference between success and failure, and that’s what the Second Amendment Law Center is all about. But we recognize the politics behind the issues and are prepared to take this to the Supreme Court if necessary.” Chuck Michel, President and General Counsel.
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