Judge Blocks America’s ‘Most Extreme' Gun Control Law

 November 23, 2023

An Oregon judge has halted the implementation of a stringently debated gun control law, Measure 114, citing a violation of the state's constitution.

The law, which was passed by a narrow majority of Oregon voters and was once called the "nation's most extreme gun control Initiative," has been blocked due to its perceived infringement on the constitutional right to bear arms.

Passed by a narrow margin in November 2022, Measure 114 marked Oregon's bold step into what some have termed the "nation's most extreme gun control initiative." The recent ruling by a state judge, declaring the measure unconstitutional under Oregon's constitution, has sent ripples across the political landscape.

Legal Tug-of-War Over Gun Rights

The judge's decision came after plaintiffs argued that the technology of high-capacity firearms, which existed when the Oregon constitution was ratified in 1857, should not be restricted by modern laws.

Oregon Attorney General Ellen Rosenblum strongly disagrees with the ruling, emphasizing its potential danger to public safety. In a statement, Rosenblum vowed to appeal the decision to the Oregon Supreme Court, signaling a determination to uphold the voter-approved regulations.

Oregon AG Ellen Rosenblum expressed her disappointment and concern over the judge's decision by stating:

"The Harney County judge’s ruling is wrong. Worse, it needlessly puts Oregonians’ lives at risk."

Historical Context in Gun Control Debate

Interpreting historical context in applying constitutional rights is at the heart of the legal battle. The plaintiffs opposing the measure have pointed to the existence of high-capacity firearms during the ratification of the state constitution, arguing that such weapons were within the contemplation of the framers.

Bryan DeLay of the University of California, Berkeley, provided a historical perspective on the evolution of firearms technology, emphasizing the radical changes since the late 1850s.

"Semiautomatic technology and automatic technology are such profound ruptures in the history of firearms technology, that I find it very difficult to believe that anybody — even someone very well informed — in the late 1850s could have predicted the emergence of smokeless powder, detachable cartridges, automatic reloading."

Opposition's View on Constitutional Intent

Tony Aiello Jr., a vocal critic of the measure, argued against the idea that Oregon's pioneers intended to limit firearm technology to what existed in their era. His statement reflects a broader argument in gun rights circles that constitutional rights should adapt to modern realities and technologies.

Following the state judge's decision, Aiello expressed hope that the ruling would give pause to the Oregon Attorney General's plans to appeal. He views the legal challenge as a necessary step to protect the rights of Oregonians and a pushback against what he and others see as overreaching gun control measures.

He stated:

"The idea that Oregon’s pioneers intended to freeze the firearm technology accessible by Oregonians to antiques is ridiculous on its face. If there is any evidence of such an intention, Defendants certainly did not present any of it at trial."

Implications and Future Outlook

The ongoing legal battle over Measure 114 underscores the deeply entrenched debates over gun control in America.

While the state argues that the permit system is necessary to curb homicides, suicides, and mass shootings, critics contend that it infringes upon citizens' constitutional rights.

The outcome of the appeal, which is yet to be determined, will undoubtedly have far-reaching implications for Oregon and the broader national conversation surrounding gun control.


  • Measure 114, which requires permits for gun purchases and bans magazines with a capacity over ten rounds, was passed by Oregon voters in November 2022.
  • A state judge blocked the enforcement of the measure, arguing that it violates Oregon's constitution.
  • Oregon Attorney General Ellen Rosenblum has vowed to appeal the ruling to the state Supreme Court.
  • This legal battle represents a significant development in the national dialogue on gun control, with potential implications for other states and the federal government.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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