Lawsuit filed over controversial Measure 114

JACKSON COUNTY, Ore.– Gun sales across the state have skyrocketed since the midterm election with the presumed passage of Measure 114.

Lawsuits have now been filed against the measure claiming it’s unconstitutional.

Both the Jackson and Josephine County sheriffs have released statements last week that said they will not enforce measure 114.

The lawsuit filed against the measure is expected to be the first of many.

Since election day gun sales in Oregon have soared and sheriffs in several communities voiced opposition to Measure 114  which narrowly passed with nearly 51% of the vote.

The new gun law requires a five-year permit, firearms training, and a federal background check to purchase a gun.

It also bans the sale of magazines holding more than 10 rounds of ammunition.

Rev. Dr. Mark Knutson with Lift Every Voice Oregon, the group behind the ballot measure said, “this is about public safety, safe schools, safe communities, and it’s been proven to save lives.”

Now Measure 114 faces another hurdle.

Late Friday, the Oregon Firearms Federation, the Sherman County Sheriff and a Marion County gun store owner filed a lawsuit against Governor Kate Brown and the state’s attorney general, specifically taking issue, with the magazine ban.

In the suit, they claim millions of law-abiding Americans own firearms equipped with this technology calling them “standard issue magazines” not large capacity.

Plaintiffs said the ban violates their second amendment rights and right to due process.

The lawyer representing the gun rights group wrote, “banning magazines over 10 rounds is no more likely to reduce criminal abuse of guns then banning high horsepower engines is likely to reduce criminal abuse of automobiles” and that “the only thing the ban contained in 114 ensures is that a criminal unlawfully carrying a firearm with a magazine over 10 rounds will have a potentially devastating advantage over his law-abiding victim.”

But Rev. Dr. Knutson disputes the assertion that 114 infringes on the constitutional rights of Oregonians.

“Those who already have them it already says they would keep them, could use them on their property or at shooting ranges… so nobody’s taking away anybody’s guns… or their magazines,” he said.

Knutson said in drafting the measure, the interfaith coalition worked with gun owners, hunters and law enforcement to make the law equitable, reasonable and just.

He said, “from now, 51% may have passed this, but I could see 70%… in a year and a half, saying this makes all the sense in the world and that number will grow over time because we will see a real difference.”

Oregon Attorney General Ellen Rosenblum said in a statement quote “the attorney general feels strongly that nobody is above the law, and we expect the sheriff’s to uphold the law. Oregon DOJ will work with the legislature to implement the new law, and advise state agencies.”

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NBC5 News reporter Derek Strom is from Renton, Washington. He recently graduated from the Edward R. Murrow College of Communications at Washington State University with a degree in Broadcast News and a minor in Sports Management. He played in the drumline with the WSU marching band. These days, he plays the guitar and piano. Derek is a devoted fan of the Mariners, Seahawks, and Kraken.
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