Trial begins in Harney County for gun control measure

Ballot Measure 114 has been a widely debated topic and faced legal backlash since Oregonians voted to pass it in November.
Published: Sep. 18, 2023 at 7:10 PM PDT
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HARNEY COUNTY Ore. (KPTV) - Ballot Measure 114 has been widely debated and faced legal backlash since Oregonians voted to pass it in November.

Harney County judge Rob Raschio is the judge who put a stop to the law before it went into effect in December and is now overseeing a case challenging it.

The law would require Oregonians to get a background check in order to get a permit to but a gun, and bans high-capacity magazines that hold more than 10 rounds, which the plaintiff’s attorneys said is unconstitutional.

“This is not about about public health, public safety or public concern,” the plaintiff’s attorney said. “This is about individual rights. This is about the individual right to self-defense and the right to bear arms to secure that right. This case is about how an individual right will fare against the might of the Oregon state government.”

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

The defense said Measure 114 is not an infringement on Oregonians rights, but rather that it addresses public safety.

“Measure 114 was a reasonable response to the public safety risk posed by large capacity magazines,” the defense, the state’s attorney stated. “As the preamble to the statue explains, large capacity magazines increase casualties by allowing a shooter to continue firing a weapon for long periods of time without reloading. Large capacity magazines have been used in all 10 of the deadliest mass shootings in this country since 2009.”

Some testimony has been restricted in the case. Victims on gun violence and physicians who have treated victims of gun violence will not be allowed in the trial, as Judge Raschio said it falls out of the scope of the case.

Monday was day one of the bench trial, which has no jury. FOX 12 will continue to follow the trial and bring updates as it unfolds.