Experts, advocates testify over lawsuit challenging voter-approved Oregon Measure 114

Just one day remains in the five-day trial challenging the constitutionality of Oregon’s voter-approved Measure 114.
Published: Jun. 8, 2023 at 10:21 PM PDT
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PORTLAND Ore. (KPTV) - One of the toughest gun control laws in the nation has been facing a federal court test all week.

Just one day remains in the five-day trial challenging the constitutionality of Oregon’s voter-approved Measure 114.

Measure 114 has remained just as contentious – even after Oregonians passed the measure in November.

Kirk Evans, president of U.S. Law Shield and a gun law expert broke down the various arguments in the trial for FOX 12:

“Back at the time of the Constitution, were there similar restrictions that the founders of our country may have been thinking about when they passed the Constitution,” Evans said.

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Months after Oregon voters passed a highly-contested gun control measure, the move is being debated in a federal trial. It’s also being discussed by experts and those who’ve experienced gun violence.

The trial being held before a judge will determine whether Oregon’s gun law, Measure 114, violates the U.S. Constitution.

“Is testing two issues on a constitutional basis. So, the first one is the requirement that Oregon residents take a safety course and get a permit merely to purchase a firearm,” Evans said. “The second provision is the magazine capacity restriction.”

A gun violence witness testified in federal court Thursday, and said she thinks Measure 114 is a step in the right direction for gun safety and to reduce gun violence.

“My mom Cindy Yuille was killed at the Clackamas Town Center shooting on December 11, 2012,” Jenna Longenecker said. “We should not have to worry about getting shot and killed when we go Christmas shopping at the mall. There are other first-world countries who have high rates of gun ownership and low rates of gun violence. So, this is not an issue that is impossible to solve either.”

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Those challenging Measure 114 said it’s unconstitutional. Kevin Starrett, spokesperson for the Oregon Firearms Federation, said the measure bans virtually all firearm magazines rather than just those over 10 rounds.

“Measure 114 would require sheriffs to violate the law if they issued a permit because it mandates FBI checks and the FBI has stated they won’t provide them,” Starrett said. “It’s hard to imagine how that can be constitutional.”

Experts said regardless of the decision from this trial, the ruling will likely be appealed and eventually head up to the Supreme Court.